IN THE CASE OF: BOARD DATE: 3 December 2021 DOCKET NUMBER: AR20210007444 APPLICANT REQUESTS: in effect, an extension of his expired travel entitlements for the shipment of his Household Goods (HHG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 155-0623, issued by Headquarters 101st Airborne Division (Air Assault) and Fort Campbell, dated 3 June 2016 * DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 24 July 2016 * Hand-written request by the applicant for extension of transportation entitlements, dated 16 July 2018 * Orders Number 19-169-00042, issued by Headquarters, 81st Readiness Division (U.S. Army Reserve (USAR)), dated 18 June 2019 * Hand-written request by the applicant for extension of transportation entitlements, dated 15 July 2019 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (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. On 24 July 2016, Orders Number 155-0623 for travel and transportation privileges authorized for him180 days for travel entitlements after his separation date. He extended his entitlement through 24 July 2019, by following the proper procedures. However, when he emailed the 2019-2020, HHG extension request, it was not received or processed by the transportation department at Fort Campbell, and there is no record of such email but he only has a hard copy. He emailed his request and is now requesting reinstatement of his expired travel and transportation entitlements. b. When he separated in 2016, he went immediately into the USAR for 3-years in Tennessee, which entitled him to stay in Tennessee until his service was finished. Now he is able to move out of Tennessee with no service obligations. c. He is requesting an extension due to the fact that he was still under contract in the Army Reserves at the time and would never would have been able to travel to his Home of Record (HOR) in Texas. He finished his contract to the USAR in 2019, and extended his transportation privileges on 19 April 2020. The email sent on that day was never received and he was never told the records of him extending his transportation privileges was non-existent. d. His father passed away on 16 May 2020, and he cannot move back to his HOR before joining the Army without the help of the transportation entitlements being given to him when he was discharged from active duty. e. He served the active duty Army for 8 years leaving his HOR in Texas. He served 3 years in the Reserves in Tennessee. He is wanting to move back to Texas which is his HOR before joining the Army. 3. The applicant's official records show the following information: a. On 2 July 2008, he enlisted in the Regular Army (RA). b. DA Form 3340-R, Annex B (Request for Reenlistment or Extension in the RA) shows on 25 October 2011, he was approved to reenlist. c. DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted in the USAR on 3 June 2016. d. DD Form 214 shows he was honorably discharged on 24 July 2016, and transferred to the USAR, due to his completion of required active service. He completed 8 years and 23 days of net active service this period. e. His official records do not show he was granted an extension of his HHG's. 4. The applicant provides: a. Orders Number 155-0623, issued by Headquarters 101st Airborne Division (Air Assault) and Fort Campbell, dated 3 June 2016, show he was reassigned to the U.S. Army Transition point, discharged from the RA, effective 24 July 2016, and was transferred to a Reserve unit in Nashville, TN. Paragraph (e) of this document states, "Travel and transportation privileges authorized for 180 days after separation date." b. A hand-written request by the applicant, shows he requested an extension of transportation entitlements, dated 16 July 2018; however, it does not show who this request was sent to. He states in the letter that he is requesting an extension to his transportation entitlement due to not being able to find a new place to move to, and has been reassigned to a USAR unit in Nashville. c. Orders Number 19-169-00042, issued by Headquarters, 81st Readiness Division USAR, dated 18 June 2019, shows he was honorably discharged from the USAR, on 24 July 2019. d. A hand-written request by the applicant, showing he requested an extension of transportation entitlements, dated 15 July 2019; however, it does not show who this request was sent to. He states, he is requesting to extend his moving entitlements due to the fact that he has not found a place to live yet, and that he is still in the USAR. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Pursuant to regulatory guidance, the Board noted that retirees have one year to request an extension of his HHGs, and must do so for up to five years; the applicant was not retired but separated. He had 180 days to coordinate transportation and failed to request an extension in a timely manner, and provided no evidence of a hardship at that time to weigh a determination. Furthermore, the Board noted that although the applicant stated he turned in a request for an extension, he provided no substantial supporting documentation to support that claim was received by an appropriate transportation office. The Board determined there is insufficient evidence that demonstrates the existence of a probable error or injustice. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX 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. REFERENCE: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Joint Travel Regulation section 052012 (HHG) (Transportation Due to Separation from the Service or Relief from Active Duty) states a Service member on active duty who is separated from the Service or relieved from active duty is authorized HHG transportation, limited to the authorized permanent change of station weight allowance, to the HOR or place entered active duty, whichever the Service member selects. Authority for HHG transportation is limited to 180 days. Such authority ends on the 181st day following separation from the Service or relief from active duty, unless a written request for HHG transportation is submitted to a Transportation Officer or designated representative before the end of the 180th day. In hardship cases, a time- limit extension may be authorized or approved for a specific period of time through the Secretarial Process. Time limit extensions may be authorized or approved only for the specific period of time the Service member anticipates is needed to complete the move. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007444 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1