IN THE CASE OF:  
BOARD DATE:  21 February 2020 
DOCKET NUMBER:  AR20170010923 


APPLICANT REQUESTS: reinstatement of his expired household goods and transportation entitlements. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)

•Applicant’s letter to Fort Riley Transportation Office

•Letter from Fort Riley Transportation Office to the applicant

•Applicant’s Exception to Policy (ETP) Request



FACTS: 

1.The applicant states when he went through his retirement briefings he askedspecifically what he needed to do regarding his household goods (HHG) shipment,because he was staying in the Fort Riley area for the next two years to complete hisdegree.  He was informed he would be good to stay there for school because he hadfive years to use his shipment of HHG benefits.  At no time did anyone tell him or hiswife that he had to renew his HHG shipment benefits every year.  He asked again abouthis HHG shipment benefits during out processing and was told that he has five years touse his entitlements.  Now he needs to use his HHG benefits and was informed he nolonger has HHG benefits available because the briefs were not being done correctly andhe was misinformed.  Fort Riley Transportation Office has admitted to the error, he isstill not eligible for a transportation move.

2.A review of the applicant’s records show:

a.On 18 January 1995, he enlisted in the Regular Army.



b.On 12 June 2014, he received separation Orders 163-0014 showing effective31 January 2015 he would be out processed from Fort Riley where he is authorized up to one year to complete selection of a home and complete travel connections.  He was authorized up to one year of non-temporary storage of household goods and authorized up to one year to ship household good to home of selection. 



c.On 31 January 2015, he was honorably retired with 20 years and 13 days ofservice. 



3.The applicant provided the following documents in support of his request:

a.Applicant’s letter to Fort Riley Transportation Office, dated 3 April 2017, which















shows the applicant requested reinstatement of his HHG shipping benefits.  He states the reason for the reinstatement is because he was not properly informed about the extension process.  Four months after completing his degree he was unable to find work in the Fort Riley area and accepted a position in , . b. Letter from Fort Riley Transportation Office to the applicant, dated 11 April 2017, states enclosed is the determination from HQ DA G4 concerning the applicant’s HHG Shipment entitlements reinstatement request, c. Headquarters Department of the Army Response to Applicant’s Letter to Fort Riley Transportation Office – applicant’s travel and HHG transportation entitlement expired on 31 January 2016 without any evidence of an annual extension request submission prior to 31 January 2016.  Extensions are submitted each year prior to the expiration of the entitlement to any transportation office via visit, letter, work or personal email with a telephonic, work or personal email follow up to receive extension letter back.  Installation, retirement and transition briefing discuss benefits and installation clearance forms require, and opportunities to ask questions.  The Joint Travel Regulation (JTR) contains regulations on Uniformed Services members travel and transportation entitlements.  Unfortunately the office does not have JTR authority to reinstate an expired transportation shipping entitlement of household goods from      14 months ago.    4. See REFERENCES below.BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted.  Based upon the instructions within the 12 June 2014 orders provided the applicant stating the applicant had one year to ship household goods to a home of his selection, the Board concluded there was insufficient evidence of an error or injustice which would warrant a correction to the record.  


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:X :X :X 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. 

Microsoft Office Signature Line...
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 procedurespertaining 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 deservingcases 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//