IN THE CASE OF: BOARD DATE: 15 June 2022 DOCKET NUMBER: AR20210015774 APPLICANT REQUESTS: * reinstatement of transportation shipping entitlement of his household goods (HHG) * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), online application * DD Form 149 * 2 x Self-Authored Letter * Retirement Orders * Request for Exception to Policy (ETP) * Memorandum from Personal Property, Chief * Emails FACTS: 1. The applicant states in his online application, in effect: a. The applicant is requesting an ETP regarding travel and transportation entitlement. He is requesting reinstatement of his expired transportation shipping entitlement of household goods from 12 months ago. b. He had requested an annual extension after his retirement. Due to COVID-19, which was beyond his control and the stress of trying to protect himself and family, he forgot to request his extension for the year of 2020. c. He served his country honorably and would like the opportunity to take advantage of an entitlement, which is due upon his retirement. He thanks the Board for considering his request and he looked forward to the Board's positive reply. 2. The applicant states on his DD Form 149, in effect: a. He would like to request the deadline for his HHG move be considered for extension due to the Coronavirus Crisis and his ongoing health challenges. b. The extension he received for 2019 through 2020 got interrupted due to the COVID-19 pandemic. He called the office in the May timeframe and didn't get an answer. Due to his health issues, he was uncomfortable with going on post to continue his extension. He is ready to take on the task now due to the vaccine. c. He had requested an annual extension every year. Due to Covid-19 and the stress of trying to protect himself and his family, he failed to realize he had not requested his extension for 2020. d. He served his country honorably and would like the opportunity to take advantage of an entitlement, which is due upon his retirement. He attached previous extensions to prove he, without fail, requested the extensions in a timely manner. 3. The applicant provides a self-authored letter, which reiterates what he requested in his application. He also provides the following documents, not contained in his service record, for the Board's consideration: a. A memorandum subject: Request for ETP Regarding Travel and Transportation Entitlements, which states his request for an extension of the time limitations for travel and transportation entitlements was approved and extended until 31 May 2020. b. A self-authored letter, dated 2 June 2021, wherein he requests the deadline for his HHG move be considered for extension due to the Coronavirus Crisis and his Heath challenge concerns. The extension he got for 2019 through 2021 got interrupted due to the COVID-19 pandemic. He called the office during that time and got no answer. Due to his health issues, he was uncomfortable with going on post to continue his extension. c. A memorandum, dated 23 June 2021, which states his travel and transportation authorization expired on 31 May 2020 and could not be reinstated by Headquarters, Department of the Army. The office did not have authority to reinstate an expired transportation shipping entitlement of HHG. The applicant did not have to go to the office to submit his request. He could have submitted it on line. d. Email correspondence with the Army Review Board Agency regarding his application. 5. Review of the applicant's service records shows: a. He enlisted in the US Army Reserve (USAR) on 5 May 1983. His service records show he had service in the Army, USAR, and Army National Guard (ARNG). b. He entered active duty on 6 February 2007. He served through multiple extensions or reenlistment, in a variety of stateside or overseas assignments, and he was advanced to staff sergeant (SSG)/E-6. c. On 1 November 2017, Headquarters, 3rd Infantry Division, Fort Stewart, GA published Orders 305-0021 honorably retiring the applicant from the Army effective 31 May 2018. The Additional Instruction on the orders state: * He was authorized one year to select a home and complete travel in connection with his retirement * He was authorized shipment of HHG at the with dependent rate d. He retire don 31 May 2018 and he was placed on the retired list in his retired rank/grade of SSGH/E-6. His DD Form 214 shows he completed over 21 years of total active service. 6. In the processing of this case, an advisory opinion was obtained on 28 February 2022, from the Chief, Transportation Policy Division, G4. The advisory states, in effect: a. The Secretarial Process (Army G1/G4) has no Joint Travel Regulations (JTR) authority to reinstate an expired travel and transportation HHG shipment authorization, which ended on 31 May 2020. The JTR is the basic statutory regulation governing a uniformed member's travel and transportation at government expense, and has the force and effect of law issues. In accordance with JTR paragraph 051003-11, Time Limitations for Travel to the Home of Selection, a Service member and dependent must begin travel to a home of selection within 1 year of service member's termination from active duty unless additional time is authorized or approved. b. The applicant's retirement orders, dated 1 November 2017, with a retirement date of 31 May 2018, provided the following additional instructions "you are authorized up to 1-year to select a home and complete travel in connection with this action." The applicant was required to request and receive an annual transportation extension from a transportation office each year prior to his retirement anniversary date. c. The applicant submitted his first extension request to Fort Stewart, GA Transportation Office and received a one-year extension memo, dated 16 May 2019 with an expiration of 31 May 2020. The applicant stated that due to his health issues he was uncomfortable with going on post to continue his extension; however, the Fort Steward transportation office extension memo stated he did no have to go into the office to submit his request. He could send it in via email. The applicant submitted his second extension request his second extension request to the Fort Stewart Transportation Office on 2 June 2021, which was forwarded and disapproved by Army G-4 because it was 12 months after the expiration date. d The G4 office lacks the JTR authority to retroactively approve an expired travel and transportation authorization 12 months after the fact. 7. On 2 March 2022, the applicant was provided a copy of this advisory opinion to provide him an opportunity to comment and/or submit a rebuttal. He responded, in effect: a. He was writing the appeal letter to request the Board reconsider his travel and transportation HHG shipment authorization that expired on 31 May 2020. b. He has always tried his best to put in good efforts to fulfil his military requirements and meet deadlines. He also clearly understands the terms of the Transportation of HHG Shipment authorization, which he had received. However, he asks for leniency due to the following unforeseen events that took place in 2020 and 2021. c. As we know, we are in unprecedented times due to COVID-19. Just when he thought the pandemic was over, several of his family members were affected by the virus. As the head of the household, he had to direct his full attention to the wellbeing of his family. The welfare of his family is his main priority just as serving his country was until his retirement in 2018. During this time, he missed the deadline to receive benefits for the Travel and Transportation HHG, which would have been extremely beneficial to his family. d. He asks the Board to provide leniency and reconsider his application for Travel and Transportation of HHG shipment authorization. It would be greatly appreciated as it would help alleviate some of the pressure the pandemic has caused. 8. According to the JTR, a member on active duty is entitled to travel and transportation allowances to a home of selection from the last permanent duty station (PDS) upon retirement. Shipment of HHG and travel must be completed within 1 year from the active service termination date. Extensions may be authorized 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 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. 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. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. One potential outcome was to deny relief based on the applicant not using all his resources by emailing his request for an extension and the evidence in the applicant’s record as to his reasoning of not submitting his request in timely manner. However, upon review of the applicant’s petition, available military records, and the Deputy Chief of Staff G-4 advisory opinion, the Board majority found sufficient evidence to grant relief. The Board determined due to the applicant health issues and his fear of going in person to the transportation office during the COVID -19 he did not properly request an extension as he did in the past prior to the pandemic. Based on this, the Board granted relief for reinstatement of the applicant’s expired transportation/travel entitlements. 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence present is sufficient to warrant a recommendation for relief. As such the Board recommends that all Department of the Army records of the individual concerned be corrected to show the applicant submitted his extension paperwork prior to the 181st day and is authorized reinstatement of his expired transportation/travel entitlements. 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: Volume 1 (Uniformed Service Personnel) of the Joint Travel Regulation (JTR) contains basic statutory regulations concerning official travel and transportation of members of the uniformed services. a. 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 or her 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. b. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210015774 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1