IN THE CASE OF: 
BOARD DATE: 23 March 2023
DOCKET NUMBER: AR20220010382 


APPLICANT REQUESTS:  

•reinstatement of expired Household Goods (HHG) transportation and shippingentitlement

•a personal appearance before the Board



APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record) 

FACTS: 

1.The applicant states in pertinent part that in April 2022, he failed to report to the U.S.Army Transportation Office due to being extremely busy assisting his wife with obtaininggainful employment and preparing for a surgery occurring in May 2022. He contests thathis scheduled surgery was postponed to June 2022 prompting him to contact thetransportation office. He notes that he served in the military for 22 years, completed 4combat tours and sustained multiple injuries. He takes full responsibility for his actions.

2.A review of the applicant's available service records reflects the following:

a.After serving in multiple components of the armed forces, On 24 February 2006,the applicant enlisted in the Regular Army. 



b.On 6 August 2019, Headquarters, 101st Airborne Division (Air Assault) and FortCampbell issued Orders Number 218-0200 releasing the applicant from active duty and placing him on the retired list on 1 May 2020. Additional Instructions provided on this order reflects that the applicant was authorized travel and transportation privileges for 1 year after his retirement date.  



c.On 30 April 2020, the applicant was retired from military service havingcompleted 22 years, 9 months, and 23 days of active duty service. 



3.On 9 January 2023, the Department of the Army, Office of the Deputy Chief of Staff,G-4, Chief, Transportation Policy Division provided an advisory opinion noting that theiroffice lacked the authority to retroactively approve an expired travel and transportation authorization 14 months after the fact. The applicant's retirement orders, provided the following additional instructions in paragraph b: "Travel and transportation privileges authorized for one year after retirement date." The applicant was required to request and receive an annual transportation extension from the Fort Campbell, KY, Transportation Office each year prior to his retirement anniversary date. The applicant failed to submit an extension request before his one year of authorization expired on  30 April 2021. In accordance with the Joint Travel Regulation (JTR) paragraph 051003 a Service member and dependents must begin travel to a home of their selection (HOS) 
within 1-year of the Service member's termination from active duty unless additional time is authorized or approved. JTR paragraph 052013, HHG must be turned over for transportation within 1-year following active-duty termination. 

4.On 10 January 2023, the applicant was provided with a copy of the advisory opinionand afforded 15 days to provide comments.

5.On 29 January 2023, the applicant responded acknowledging receipt of the advisoryopinion and again accepting full responsibility for failing to previously request anextension of his shipping entitlement. At the time of his rebuttal, the applicant waspreparing to relocate in February 2023 and would appreciate it if the Board would takethis into consideration and grant his requested relief.


BOARD DISCUSSION: 



1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found relief is warranted.2.The Board found the evidence supports relief in this case.  The Board determinedthe applicant’s medical condition was an unforeseen issue which resulted in himfailing to make a timely submission for extension.  Based upon that finding and theguidance in the JTF, the Board determined the record should be corrected to showhe submitted timely requests for extension of his HHG shipping entitlement, whichwere approved.



BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

:X :X :X 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, which were approved. 

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: 

1.JTR section 051003 (Service Member on Active Duty who Retires, is Placed on theTemporary Disability Retirement List (TDRL), is Discharged with Severance orSeparation Pay, or is Involuntarily Released with Readjustment or Separation Pay andAssociated Dependent Travel) provides that a Service member and dependent mustbegin travel to the home that they select (Home of Selection (HOS)) within 1 year of theService member's termination from active duty unless additional time is authorized orapproved through the Secretarial Process. Exceptions to this policy may apply if aService member is prevented from traveling due to an unexpected event that is beyondthe Service member's control and is related to the Service member's separation fromthe Service, the 1-year time limit applies for both the Service member and dependent'stravel unless extended through the Secretarial Process. Any extension must be in theService's best interest or substantially benefit the Service member, is not costly and does not have an adverse impact to the Service. 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 include: 



a.A description of the circumstances that prevent travel within the specified timeperiod. 



b.The specific amount of additional time required. An extension should be for theshortest 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. 



2.Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR))paragraph 2-9 states the ABCMR begins its consideration of each case with thepresumption of administrative regularity. The applicant has the burden of proving anerror or injustice by a preponderance of the evidence. The ABCMR may, in itsdiscretion, hold a hearing or request additional evidence or opinions. Additionally, itstates in paragraph 2-11 that applicants do not have a right to a hearing before theABCMR. The Director or the ABCMR may grant a formal hearing whenever justicerequires.

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