IN THE CASE OF:  

		BOARD DATE:  16 September 2021

		DOCKET NUMBER:  AR20200002709


APPLICANT REQUESTS:  an exception to policy to use his transportation entitlement 
beyond the allotted time authorized.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	Army Field Support Battalion - Bragg letter

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States 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.	Upon retirement from Fort Bragg, he remained a resident of the area and as such 
he did not take advantage of the benefit associated with the transportation of Household 
Goods (HHG).  He submitted and extension for this benefit in 2017 to the Fort Bragg 
Transportation Office.  However, upon submitting his extension, he failed to realize that 
a request needed to be submitted yearly in order for it to be maintained locally.  He was 
of the impression that his extension would be applied for the next five years.  
   
   b.	He is planning to move in the coming year and would like to utilize the benefits 
afforded to him as a retiree.  When he spoke to the Fort Bragg Transportation Office 
they were unable to approve his request for an exception to policy.  He was then 
directed to submit his request to the Army Review Boards Agency.
   
   c.	He is solely responsible for this error as he misunderstood that his initial request 
to the Transportation Office needed to be submitted yearly.  He respectfully requests 
that his record be adjusted in whatever way is necessary to allow him to take advantage 
of the benefits that are part of his Army service.
3.  The applicant provides an Army Field Support Battalion – Bragg memorandum, 
dated 2 December 2019, denying his request for an extension of his shipping and 
travel entitlement.  
   
4.  A review of the applicant’s service record shows:

   a.	He enlisted in the U.S. Army on 23 October 1998. 
   
   b.	On 20 March 2016, he was retired for permanent disability.

5.  A Department of the Army Office of the Deputy Chief of Staff (G-4) memorandum, 
dated 21 January 2021, subject:  Advisory Opinion, cites paragraph “a” of the additional 
instructions found on the applicant’s retirement orders, along with a statement regarding 
their lack of Joint Travel Regulation (JTR) authority:

[A]dditional instructions in paragraph a [of his retirement orders state:] 
“You are authorized up to 1-year to complete selection of a home and 
complete travel in connection with this action.”  The retiree was 
required to request and receive an annual transportation extension 
from a transportation office each year prior to his retirement 
anniversary date.  The retiree submitted one extension request in 
2017.  The Fort Bragg transportation office approved and provided a  
1-year travel and transportation extension memo to the retiree with an 
expiration date of March 20, 2018.  The retiree’s second extension 
request submitted on November 20, 2019 was disapproved because it 
was 20 months after the March 20, 2018 expiration date.  This office 
lacks the JTR authority to retroactively approve an expired travel and 
transportation authorization 20 months after the fact.


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found relief 
is warranted.

2.  The Board noted the applicant's oversight in not submitting timely requests for an 
extension of his HHG shipping entitlement, and found that it would be appropriate to 
correct the record to show he maintained the entitlement through the maximum period 
allowed by the JTR.  The Board determined the record should be corrected to show he 
submitted timely requests for extension of his HHG shipping entitlement, and those 
requests were approved through 19 March 2021. The Board further determined that if 
he moved his household prior to 19 March 2021, he should be given the opportunity to 
submit the required documents to be reimbursed for that move.  


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XX	:XX	:XX	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 that all Department of 
the Army records of the individual concerned be corrected by showing he submitted 
timely requests for extension of his HHG shipping entitlement and those requests were 
approved through 19 March 2021. The Board further determined that if he moved his 
household prior to 19 March 2021, he should be given the opportunity to submit the 
required documents to be reimbursed for that move.

		  
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.  Title 10, United States 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 ABCMR to excuse an applicant's 
failure to timely file within the 3-year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Joint Travel Regulation (JTR) implements policy and laws establishing travel and 
transportation allowances of Uniformed Service members and Department of Defense 
(DoD) civilian travelers.  Chapter 5, Part B (Categories of PDT (Service Members)) 
includes major categories of travel for a permanent change of station (PCS), including 
accession and training travel, moves outside the continental United States (OCONUS), 
home port and retirement and separation.  The standard travel and transportation rules 
in Chapter 5, Part A apply, unless otherwise specified in this chapter.

   a.	Paragraph 051002, states, “a Service member on active duty who separates or is 
released from the Service, unless otherwise specified in this section, may be eligible for 
PCS travel and transportation allowances for his or herself and for a dependent.  The 
Service member must have a break in service of at least 1 day and actually travel.  A 
Service member is authorized travel from the last PDS to his or her HOR or PLEAD.  A 
different location may be selected or travel may be between other locations.  However, 
reimbursement is limited to the amount that would have been paid if the Service 
member had traveled from the last PDS to the HOR or PLEAD.”

   b.	Paragraph 051301 states, “a Service member can move his or her HHG in as 
many lots as desired from one or more locations.  However, the Government’s 
obligation, and maximum payment, is what the cost would be to transport the Service 
member’s maximum weight allowance between authorized locations in one lot at the 
Government’s “Best Value” cost.  For a U.S. Public Health Service member, the 
limitation is to the Government’s “Best Value,” the overall lowest cost, or other USPHS-
selected method.” 

   c.	Paragraph 052013-C.1.b states, “time limit extensions may be authorized or 
approved through the Secretarial Process when 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.

   d.	Paragraph 052013-C.2 states, “….If, at the expiration of this extension period, 
additional time is required, the Service member may request an additional extension 
through the Secretarial Process, explaining the reasons for the extension.  An additional 
authorized period for a specific time may then be authorized or approved through the 
Secretarial Process.  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.  Also, 
see par. 051003-I for restriction on time limit extensions.”

   e.	Paragraph 051003-I.2b states, a service member must request all extensions in 
writing using the Secretarial Process.  An extension may not be for more than 6 years 
from the date of retirement.  The request must state the specific amount of additional 
time required.  An extension should be for the shortest time necessary based on the 
circumstances.  The 6-year limit may only be extended for travel to the HOS if a Service 
member has a certified and on-going medical condition.”

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20200002709


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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