IN THE CASE OF: BOARD DATE: 9 May 2023 DOCKET NUMBER: AR20220011817 APPLICANT REQUESTS: reinstatement of his expired travel and transportation/household goods entitlements. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty), 31 December 2020 * Statement of Reality Realty, undated FACTS: 1. The applicant states: a. On 31 December 2021, his travel and transportation authorization to his Home of Selection (HOS) expired. He attended all mandatory installation, transition, transportation, and out-processing briefings. However, due to the stress of trying to find a home in the COVID-19 pandemic, and illnesses in the family, he missed the extension deadline. b. From June 2021 to January 2022, he worked with 2. The applicant's service record shows: a. On 3 August 2000, having had prior enlisted service in the U.S. Army Reserve and Regular Army, the applicant was appointed as a Reserve commissioned officer with a concurrent call to active duty and served continuously until his retirement. b. On 19 February 2020, the U.S. Army Garrison, Fort Leavenworth, issued Orders Number 050-0001 reassigning the applicant to the transition center pending retirement. Item d of these orders shows the applicant was authorized up to one year from the effective date of retirement to completed travel ship Household Goods (HHG), and privately owned conveyance to his final HOS. c. DD Form 214, ending on 31 December 2020, shows the applicant was honorably retired. Block 12a (Date Entered Active Duty Service) – 3 August 2000; Block 12c (Net Active Service This Period) – 20 years, 4 months, and 28 days; and Block 12d (Total Prior Active Service) – 9 years, 1 month, and 0 days. 3. The applicant provides the Statement of Reality Realty, undated, who confirmed they were the applicant's buyer's representative during his house hunting process in 4. In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-4, Transportation Policy Division on 2 March 2023. The advisory official recommended approval of the applicant's request. It states in pertinent part: a. The Secretarial Process (Army G-4) has no Joint Travel Regulations (JTR) authority to reinstate an expired travel and transportation, household goods (HHG) shipment authorization, which ended on 31 December 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 HOS), in effect for all retirement orders with a retirement date prior to 24 June 2022, stated that a Servicemember and dependents must begin travel to a HOS within 1-year of the Servicemember's termination from active duty unless additional time is authorized or approved. JTR paragraph 052013(B) (Time Limits) stated that 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 Fort Lee, Virginia Transportation Office each year prior to his retirement anniversary date. He retired on 31 December 2020 and did not submit an extension request prior to 31 December 2021. His initial extension request was dated 2 August 2022. Army G-4 lacks the JTR authority to retroactively approve an expired travel and transportation authorization 7 months after the fact. 5. On 9 March 2023, the advisory opinion was provided to the applicant to afford him the opportunity to respond to its content. 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. The evidence of record shows the applicant was honorably retired on 31 December 2020. His retirement orders stated he was authorized up to 1 year to complete selection of a home and complete travel in connection with this action. He was required to request and receive an annual transportation extension from the Transportation Office each year prior to his retirement anniversary date. He did not submit an extension request prior to 31 December 2021. The JTR provides for extensions of the retirement transportation entitlement in 1-year increments up to 5 additional years, for a total of 6 years. Given that he has explained the circumstances that led to his failure to submit extension requests in a timely manner, it would be equitable to correct his records to show his request for extension and reinstatement of his retirement transportation entitlement was approved through 31 December 2023 (3 years after his retirement). If he requires an extension beyond 31 December 2023, he must submit a request to the appropriate 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 requested and received annual extensions of his retirement transportation entitlement through 31 December 2023. 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, Paragraph 051003-I.2 (Time Limitations for Travel to the HOS) a Servicemember is authorized HHG transportation from the last permanent duty station to the servicemember's HOS. Extensions may be granted through the Secretarial process for an unexpected event beyond the servicemember's control that occurs and that prevents him or her from moving to the HOS within the specified time limit. A Servicemember 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) AR20220011817 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1