IN THE CASE OF: BOARD DATE: 24 February 2023 DOCKET NUMBER: AR20220004628 APPLICANT REQUESTS: reinstatement of expired Household Goods (HHG) transportation and travel entitlements. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number P-10-990117, 4 October 2019 * DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 31 March 2020 * Email requesting change of address, 10 June 2022 FACTS: 1. The applicant states he is requesting a reinstatement of the travel and transportation for a retiree. Due to the COVID-19 pandemic policies implemented by government officials during 2020 and 2022, he was not sure to commence travel during those two years. Unfortunately, he forgot to request an extension. Please reconsider his request. He believes that during those years, he was not focusing on travel but rather on the safety of his family. 2. A review of the applicant's official military records show the following: a. On 13 September 1998, the applicant entered active duty and served continuously until his length of service retirement. b. Orders Number P-10-990117 issued by the U.S. Army Human Resources Command, Fort Knox, KY, retired the applicant, effective 31 March 2020, and placed him on the retired list in the rank of lieutenant colonel (LTC), effective 1 April 2020. The orders show: * he was authorized up to one year to complete selection of a home and complete travel in connection with this action (retirement) * Soldiers with 8 years or more of continuous active duty service on the date of retirement are authorized movement of dependents and household goods to home of selection per Joint Travel Regulation (JTR) 5068 and 5066 * he had dependents c. DD Form 214 shows the applicant was retired by reason of sufficient service for retirement on 31 March 2020. He completed 21 years, 6 months, and 18 days net active service this period with 10 months and 12 days prior active service. 3. On 28 November 2022, the Office of the Deputy Chief of Staff, G-4, Chief, Transportation Policy Division provided an advisory opinion for this case and stated: a. The Secretarial Process (Army G-1/G-4) has no JTR authority to reinstate an expired travel and transportation, HHG shipment authorization, which ended on 31 March 2021. 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 issued primarily under the authority of Title 37 United States Code Section 481. b. 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, B. Time Limits. HHG must be turned over for transportation within 1-year following active-duty termination. c. The applicant's retirement orders, dated 4 October 2019, with a retirement date of 31 March 2020, provided instructions in additional instructions, paragraph a: "You are authorized up to one year to complete selection of a home and complete travel in connection with this action." The applicant was required to request and receive annual transportation extension(s) from a transportation office each year prior to his retirement anniversary date. The applicant did not submit an extension before his one year of authorization expired 31 March 2021. d. This office [G-4] lacks the JTR authority to retroactively approve an expired travel and transportation authorization 20 months after the fact. 4. On 30 November 2022, the Army Review Boards Agency, Case Management Division, provided the applicant with a copy of the advisory opinion to allow for comments or rebuttal. He did not respond. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The evidence of record shows the applicant was honorably retired on 31 March 2020. His retirement orders stated that he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action and that he should contact the appropriate transportation office for making HHG shipment arrangements. The applicant was required to request and receive annual transportation extension(s) from a transportation office each year prior to his retirement anniversary date. There is no evidence he submitted an extension before his one year of authorization expired 31 March 2021. b. The JTR indicates that retirement transportation and travel entitlements will be used within 1 year of retirement; however, it also provides for extensions of this entitlement in 1-year increments due to unforeseen medical reasons, education or training, and/or other deserving cases when an unexpected event beyond the retiree's control occurs which prevents the retiree from moving within the time limits may be granted under these extension provisions. He did explain the circumstances that led to his failure to submit the extension request on time and he did explain the reason for submitting his request. c. Notwithstanding the absence of a reason for this extension and notwithstanding the Army G-4's advisory opinion that extension is not authorized, the Board determined relief is warranted in the interest of justice, and that his records should be corrected to show he submitted annual requests for extension and reinstatement of his HHG shipment entitlements and that his requests were approved, as exceptions to policy through 31 March 2024 (4 years after his retirement). This would, in effect, authorize the applicant sufficient time to use the approved extension to complete his final move. The applicant should apply in writing, with justification, for any further extensions through normal channels. (i.e., the installation transportation office). ? 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 the applicant timely requested and received approval for annual extensions of his retirement transportation entitlements through 31 March 2024. 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. Army Regulation 15–185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. In pertinent part, it states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases based on the evidence of record. It is not an investigative agency. 2. JTR section 052013 (HHG Transportation in Connection with Retirement), states: a. Paragraph B. (Time Limits) HHG must be turned over for transportation within 3 years following active duty termination, except as in Table 5-33. A Service member is eligible for the 3-year time limitation if the active duty termination effective date is on or after 24 June 2022. The 3-year time limitation does not apply retroactively to a HHG shipment authorized for a Service member with an effective active duty termination date before the effective date. Any further extensions must be granted on an annual basis. b. Paragraph C. (Other Deserving Cases) states a Service member on active duty is authorized HHG transportation from the last permanent duty station to the Service Member's Home of Selection (HOS). Time-limit extensions may be authorized or approved through the Secretarial Process when: (a) An unexpected event beyond the Service member's control occurs that prevents him or her from moving to the HOS within the specified time limit. (b) The extension is in the Service's best interest or to the Service member's benefit, and it is not more costly or adverse to the Service. This includes cases where the 1-year time limit has already been extended due to hospitalization, medical treatment, education, or training. 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. If, at the expiration of this extension period, additional time is required, the Service member may request an additional extension through the Secretarial Process, explaining the reasons for the extension. An additional authorized period for a specific time may then be authorized or approved through the Secretarial Process. Time-limit extensions are not authorized for any reason for more than 6 years from the date of separation, release from active duty, or retirement. Also see paragraph 051003-I for restrictions on time-limit extensions. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004628 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1