IN THE CASE OF: BOARD DATE: 2 July 2020 DOCKET NUMBER: AR20190001857 APPLICANT REQUESTS: to reinstate transportation shipping entitlement for final move of household goods. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Letter, undated * Retirement Orders 015-0019, dated 15 January 2016 * Official Website – move.mil – weight estimator * Buyer’s Summary List, dated 4 September 2018 * Contract Package for home purchase, dated 6 September 2018 * Memorandum from Personal Property Chief, dated 14 February 2019 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 he officially retired from the U.S. Army on 1 October 2016 from Fort Stewart. At the time of his retirement, he was already residing in Hinesville GA, and was not relocating, since he gained employment as a U.S. Army Civilian employee. He is requesting an exception to policy for failure to sign an annual extension for final permanent change of station. At the one year anniversary of his retirement, he had no intentions of relocating, and therefore did not request an extension. The situation has changed and now he is under contract for a new home that has a tentative completion date of late spring/early summer of 2019. This would be a local move, of less than 5 miles. 3. Review of his service records shows: a. He enlisted in the Regular Army on 17 September 1996 for 4 years in the rank of Private (PVT)/E-1. b. He retired on 30 September 2016 for sufficient service for retirement. 4. The applicant provides: a. Orders 015-0019 dated 15 January 2016, published by Headquarters, Third Infantry Division and Fort Stewart which states:, b. Effective date on the retired list as 1 October 2016 * Date placed on retirement list: 1 October 2016 * Requested place of retirement/separation: Not Applicable * Additional Instructions: You are authorized up to one year to select a home and complete travel in connection with this action * You are authorized shipment of household goods at the with dependent rate * If you plan to ship personal property at government expense, contact your local transportation officer immediate upon receipt of these orders to arrange for the shipment * Dependents: yes c. The applicant provided a weight estimate on his household goods. d. Copy of the sales contract for the building and purchase of his new home, dated 6 September 2018. 5. The Personal Property Chief, reviewed his case and stated his opportunity to submit a one year extension expired on 30 September 2017 and cannot be reinstated. The Chief stated that his office reviewed the application and noted the following statutory or regulatory provisions in support of a decision: a. Unfortunately, their office does not have Joint Travel Regulation (JTR) authority to reinstate an expired transportation shipping entitlement of household goods (HHG) from 16 months ago. b. The JTR contains basic statutory regulations concerning a Uniformed Service member's travel and transportation entitlements and interpreted to have the force and effect of law. The JTR exists primarily under the authority of 37 USC § 481 addresses circumstances which prohibit payment of certain allowances. c. JTR 052013. HHG Transportation in Connection with Retirement B. Time Limits. HHG must be turned over for transportation within 1 year following active duty termination, except as specified in Table 5-33. d. Extensions are submitted each year prior to the expiration of the entitlement to the Fort Stewart Transportation office via documented visit, letter, work or personal email with telephonic or work or personal email follow-up to receive a Fort Stewart Transportation Office extension letter back. e. Retiree's next course of action is to appeal using the highest administrative review board in the U.S. Army available by filing the attached Application for Correction of Military Record, DD Form 149 to the Army Board of Correction of Military Records (ABCMR). 6. See references below. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the date and instructions on his retirement orders, the documents related to his new home and the correspondence from the installation Personal Property Chief. The Board did not find evidence that the applicant requested an extension of his transportation benefits within one year of his retirement or that he was precluded from doing so. Based on a preponderance of evidence, the Board determine that denial of his request to reinstate his transportation entitlement was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Volume 1 (Uniformed Service Personnel) of the JTR contains basic statutory regulations concerning official travel and transportation of members of the uniformed services. Paragraphs U5130, U5230, and U5365-F contain the policy and procedures pertaining to the shipment of HHG to a permanent duty station (PDS) by uniformed service personnel upon retirement. In effect, these paragraphs authorize a member travel and transportation allowances to a PDS selected by the member from his last PDS upon retirement. They state that a member on active duty is entitled to travel and transportation allowances to a home selected by the member from the last PDS upon retirement. They also establish time limitations for shipment of HHG and state that travel must be completed within 1 year from the active service termination date. 2. Extension provisions to the 1-year time limit are also provided for deserving cases under the Secretarial process. This process allows for extensions based on an unexpected event beyond the member's control that prevents movement to a PDS within the specified time limit. An extension of the time limit may be authorized by the Secretarial process if it is in the best interest of the service or substantially to the benefit of the member and not costly or otherwise adverse to the service. These extensions are approved for the specific period of time that the member anticipates is needed to complete the move, and if additional time is required, the member may request a further extension. Paragraph U5012-I of volume 1 of the JTR provides the policy on restrictions to time limit extensions and states that a written time limit extension that includes an explanation of the circumstances justifying the extension may be approved for a specific additional time using the Secretarial process. However, extensions under this process will not be authorized if it extends travel and transportation allowances for more than 6 years from the separation/retirement date. These JTR provisions and time limitations for the shipment of HHG were also in effect at the time of the applicant's retirement. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190001857 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1