IN THE CASE OF: BOARD DATE: 26 July 2023 DOCKET NUMBER: AR20220011963 APPLICANT REQUESTS: reinstatement of expired transportation and Household Goods (HHG) shipping entitlements. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email communication * Excerpt from Joint Federal Travel Regulation * Claims documents * Medical documents * DA Form 4856 (Developmental Counseling), 5 March 2019 * DA Form 2166-9-2 (Noncommissioned Officer (NCO) Evaluation Report (SSG- 1SG/MSG), 31 January 2020 * DD Form 214 (Certificate of Release or Discharge from Active Duty), 24 September 2020 * DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings), 22 June 2020 * DA Form 199, 17 May 2022 * Disability Evaluation System Proposed Rating, 21 May 2020 * Orders Number 192-0009, 10 July 2020 * Orders Number D195-0015, 14 July 2022 * Permanent Orders Number 173-360, 22 June 2006 * DA Form 2173 (Statement of Medical Examination and Duty Status), 5 June 2015 * DA Form 261 (Report of Investigation – Line of Duty and Misconduct Status), 7 June 2015 * DA Form 2173, 28 May 2019 * Social Security Administration – Benefit Verification Letter, 29 April 2021 FACTS: 1. The applicant states in pertinent part that he failed to apply for an extension of his HHG shipping entitlement because he was overwhelmed due to his workload and ongoing medical treatment. He notes he was found medically unfit for continued military service in 2019 but continued to maintain an excessive workload requirement up until he retired. During this period, he was taking medication for anxiety and backpain. He adds that he has received mental health and physical treatment for his disabling conditions both during and after being retired from military service. He submitted his initial request to the Headquarters Department of the Army, G-4 but was redirected to this Board to request relief. 2. A review of the applicant's available service records reflects the following: a. After previously serving in the U.S. Navy for 6 years, on 10 July 1998, the applicant enlisted in the Army National Guard (ARNG). b. On 5 October 2009, the applicant was ordered to active duty. c. On 2 March 2020, the Department of the Army and the Air Force issued Orders Number 062-002 ordering the applicant to active duty in an Active Guard/Reserve status, effective 11 July 2020. d. On 22 June 2020, a PEB convened finding the applicant physically unfit for continued military service. The board recommended the applicant be placed on the Temporary Disability Retired List (TDRL) with a reexamination in March 2021. The applicant concurred with the board’s recommendation and waived his rights to a formal hearing. e. On 10 July 2020, the U.S. Army Installation Management Command issued Orders Number 192-0009 releasing the applicant from assignment and duty because of a physical disability incurred while entitled to basic pay and placing him on the TDRL and transferring him into the U.S. Army Reserve Control Group (Retired), effective 25 September 2020. The additional instructions on the provided orders indicate that the applicant is authorized 1 year to complete travel in conjunction with this action. f. On 24 August 2020, the applicant was released from military service and transferred into the Retired Reserve. g. On 9 October 2020, the FLARNG issued Orders Number 732914 placing the applicant on the TDRL, effective 25 August 2020. h. On 17 May 2022, a PEB convened finding the applicant physically unfit for continued military service with a recommendation that he be permanently medically retired. i. On 14 July 2022, the U.S. Army Physical Disability Agency issued Orders Number D195-0015, removing the applicant from the TDRL and permanently retiring him, effective 14 July 2022. 3. The applicant provides the following a: a. Email communication reflective of the applicant being advised that his HHG shipping entitlement expired on 24 September 2021 and could not be reinstated by the Headquarters Department of the Army. The applicant was therefore redirected to this Board to request relief. b. Excerpt from Joint Federal Travel Regulation reflective of information pertaining to HHG shipping entitlements. The applicant directs attention to paragraph 051003 wherein it provides the time limitations for travel to home station (1-year). An exception to policy may be granted if a Service member and his or her dependent are authorized Permanent Change of Station (PCS) travel and transportation allowances from the last Permanent Duty Station (PDS) to an HOS when the Service member is either confined in or undergoing treatment at a hospital. 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 description of the circumstances that prevented travel and the specific amount of additional travel time required. c. Claims documents reflective of medical claims submitted by the applicant between September 2020 and August 2022. d. Medical documents reflective of health care/treatment received by the applicant. On 25 July 2022, the applicant underwent lumbar surgery. e. DA Form 4856 dated 5 March 2019, reflective of the applicant being advised of his requirements associated with being integrated into the Disability Evaluation System (DES). f. DA Form 2166-9-2 ending on 31 January 2020, reflective of the applicant's performance as the Senior Supply Sergeant as assessed by members of his immediate leadership. g. DES Proposed Rating dated 21 May 2020, reflective of the applicant's rated conditions as assessed by the Department of Veterans Affairs. h. Permanent Orders Number 173-360 dated 22 June 2006, reflective of the applicant being awarded the Combat Action Badge for actively engaging or being engaged by the enemy on 20 September 2004. i. DA Form 2173 dated 5 June 2015, reflective of information pertaining to a motorcycle incident that the applicant was involved in wherein he was ejected from the motorcycle. This incident was determined to have occurred in the line of duty. j. DA Form 261 dated 7 June 2015, reflective of the findings of the investigation conducted concerning the motorcycle incident that the applicant was involved in wherein he sustained a laceration to his spleen. k. DA Form 2173 dated 28 May 2019, reflective of information pertaining to the applicant's diagnosed Post Traumatic Stress Disorder and Attention Deficit/Hyperactivity Disorder. Both conditions were determined to have incurred in the line of duty. l. Social Security Administration – Benefit Verification Letter, dated 29 April 2021, reflective of the applicant's entitlement to social security benefit payments effective February 2021. 4. On 27 February 2023, the Department of the Army Deputy Chief of Staff, G-4, Chief, Transportation Policy Division provided an advisory opinion noting that in accordance with JTR paragraph 051003-11 (Time Limitations for Travel to the Home of Selection (HOS)). A Service member and dependents must begin travel to an HOS within 1-year of the Service member's termination from active duty unless additional time is authorized or approved. JTR paragraph 052013 (HHG Transportation in Connection with Retirement - Time Limits) HHG must be turned over for transportation within 1-year following active-duty termination. The applicant was required to request and receive an annual transportation extension from the Transportation Office each year prior to his retirement anniversary date. The applicant retired on 24 September 2020 and did not submit an extension request prior to 24 September 2021. His initial extension request was dated 14 September 2022. 5. On 28 February 2023, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. As of 20 July 2023, the applicant has not responded. 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 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. Upon review of the applicant’s petition, available military records, and the Department of the Army Deputy Chief of Staff, G-4, Chief, Transportation Policy Division provided an advisory opinion, the Board concurred with the advising official finding the applicant did not submit the required request for his annual request prior to his anniversary date. The Board noted the applicant’s circumstances, but found insufficient evidence base on regulatory guidance and policy. Therefore, the Board denied relief. 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. 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: JTR section 052013 C1 (HHG Transportation in Connection with Retirement) states a Service member is authorized HHG transportation from the last permanent duty station to the Service Member's Home of Selection (HOS). Extensions may be granted through the Secretarial process for an unexpected event beyond the Service member's control that occurs and that prevents him or her from moving to the HOS within the specified time limit. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011963 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1