IN THE CASE OF: BOARD DATE: 1 May 2020 DOCKET NUMBER: AR20180016361 APPLICANT REQUESTS: reinstatement of his travel and transportation entitlement. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Letter, dated 10 November 2018, subject: Reconsideration * Letter to Department of the Army Office of the Deputy Chief of Staff, G-4, dated 1 June 2018, subject: Retiree Move * Letter, Joint Personal Property Office/Transportation Policy Division, Department of the Army Office of the Deputy Chief of Staff, G-4, dated 4 October 2018 * Orders 252-004, Installation Management Command, Headquarters, U.S. Army Garrison, Fort Carson, Fort Carson, CO, dated 9 September 2013 (discharge) * Orders 069-001, Joint Force Headquarters-Colorado, dated 10 March 2014 (retirement) REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. The Joint Travel Regulations implement policy and laws establishing travel and transportation allowances of uniformed service members and Department of Defense civilian travelers. Chapter 5, paragraph 052013 (Household Goods Transportation in Connection with Retirement, Placement on the Temporary Disability Retired List, Discharge with Severance or Separation Pay, or Involuntary Release from Active Duty with Readjustment or Separation Pay) states a service member on active duty is authorized household goods transportation from the last or any previous permanent duty station; from a designated place in the continental United States, from a designated place in a non-foreign area outside the continental United States, or from anywhere the service member selects; from storage; or any combination of these locations to the service member's home of selection when the service member is retired with pay. a. Subparagraph b (Time Limits) states household goods must be turned over for transportation within 1 year following active duty termination. b. Subparagraph c (Other Deserving Cases) states time limit extensions may be authorized or approved through the Secretarial Process when an unexpected event beyond the service member's control occurs that prevents him or her from moving to the home of selection within the specified time limit or the extension is in the service's best interest or to the service member's benefit, and it is not more costly or adverse to the service. This includes cases where the 1-year time limit has already been extended due to hospitalization, medical treatment, education, or training. c. Time-limit extensions are not authorized for any reason for more than 6 years from the date of separation, release from active duty, or retirement. FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He formally requests reconsideration of the decision made on 5 October 2018 denying his request for reinstatement of his travel and transportation entitlement. He is aware that he exceeded his time limit to request an extension; however, he requests reconsideration given the circumstances. He has become aware that an extension may be granted for medical treatment and for other worthy causes. b. He believes without a doubt he falls under those reasons for an extension as three members of his family were hospitalized, receiving behavioral health treatment and/or physical therapy throughout the last few years. 3. Installation Management Command, Headquarters, U.S. Army Garrison, Fort Carson, Orders 252-0004, dated 9 September 2013, discharged him from the Regular Army effective 31 October 2013 and reassigned him to the Colorado Army National Guard. He was authorized shipment of household goods to his home of record or place from which he was called or ordered to active duty. His home of record is shown as. 4. On 31 October 2013, he was honorably released from active duty to continue on active duty in another status. Item 7a (Place of Entry into Active Duty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty in, and item 7b (Home of Record at Time of Entry) shows his home of record as. He completed 23 years, 1 month, and 13 days of total active service. 6. Joint Force Headquarters-Colorado Orders 069-001, dated 10 March 2004, retired him and placed him on the Retired List effective 1 May 2014. 7. Colorado Army National Guard Order 121-010, dated 1 May 2014, honorably discharged him from the Army National Guard and assigned him to the U.S. Army Reserve Control Group (Retired Reserve) effective 1 May 2014. 8. On 1 June 2014, he requested an extension of his travel and transportation entitlement due to medical issues. He stated he wasn't aware he requested an extension request until recently and that an extension could be granted for medical treatment and other worthy causes. His spouse has broken her back and to this day attends numerous doctor appointments and intensive physical therapy. Their daughter has been in and out of treatment facilities for over a year. 9. On 4 October 2018, the Joint Personal Property Office/Transportation Policy Division, Department of the Army Office of the Deputy Chief of Staff, G-4, denied his request for reinstatement of his travel and transportation entitlement. The Chief, Enterprise Support, Joint Personal Property Office, stated: a. The applicant's travel and household goods transportation authorization expired on 31 October 2014, 1 year after retirement. There was no inquiry or extension request submitted to any transportation office any time prior to his expiration date. b. The Department of the Army Office of the Deputy Chief of Staff, G-4, Transportation Policy Division does not have Joint Travel Regulations authority to reinstate an expired transportation shipping entitlement of household goods from 42 months ago, after the fact. c. The applicant has the right to appeal using the next level of recourse and the highest administrative review board in the U.S. Army available by submitting a completed DD Form 149 to the ABCMR. 10. The applicant retired on 1 May 2014. Had he requested timely extensions, his 1-year travel and household goods transportation authorization could have been extended for 5 additional years, not to exceed 1 May 2020. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions, the military record, and the regulatory guidance were carefully considered. The Board agreed that time limit extensions may be authorized or approved through the Secretarial Process when an unexpected event beyond the service member's control; thereby warranting correction in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XXX: GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends the applicant’s travel and transportation entitlement be reinstated. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180016361 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1