IN THE CASE OF: 

		BOARD DATE: 30 June 2023

		DOCKET NUMBER: AR20230000491


APPLICANT REQUESTS: reinstatement of her expired transportation entitlements for 
Household Goods (HHG) shipment. 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Orders Number 232-0514, 20 August 2014
*	Veteran Affairs (VA) Benefits Letter, 24 August 2022

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code 
(USC), section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states, in pertinent part, she is looking for relief of the loss of her 
routine requests for extension of final military move. She retired in January of 2015 and 
have since routinely requested to extend the benefit. She secured a job opportunity in 
north Alabama in March 2020 and was preparing to execute her move but was unable 
to begin the job due to COVID. After contracting the COVID virus 2 times, and the 
process of a lengthy divorce, she reported to the transportation office only to find that 
there was no record of her previous requests for extension. She understands and takes 
full responsibility for the delay in the situation. However, with the circumstances as a 
100 percent disabled veteran who dealt with overcoming the challenges of transition 
from the Army with Post Traumatic Stress Disorder, divorce, and COVID, she asks that 
the correction be made so that she can utilize the benefit she proudly, honorably, and 
successfully served 28 years to earn.

3.  A review of the applicant s available service record reflects the following:

   a.	 On 27 March 1998, having had prior enlisted service in the Regular Army, the 
applicant was appointed as a Reserve warrant officer and executed an oath of office.

b.	On 14 September 2005, she was appointed as a Regular Army warrant officer.

c.	On 20 August 2014, Headquarters, U.S. Army Garrison, Fort Rucker 
issued Orders Number 232-0514 honorably retiring her from service, effective 
31 January 2015 with 28 years, 5 months, and 26 days of service. Additional 
instructions authorized the applicant up to one year to complete selection of a home and 
complete travel. 

d.	DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 
31 January 2015 reflects an honorable retirement. Item 12 (Record of Service) shows 
service from 27 March 1998 to 31 January 2015 with a net active service this period of 
16 years, 10 months, and 4 days and total prior active service of 11 years, 7 months, 
and 22 days. 

4.  The applicant provides the VA Benefits letter, dated 24 August 2022 showing she is 
100 percent service-connected disabled.

5.  On 11 April 2023, the Office of the Deputy Chief of Staff, G-4, Chief, Transportation 
Policy Division provided an advisory opinion recommending disapproval of the 
applicant s request stating:

a.	This office reviewed the application and noted the following regulatory provisions 
in support of a decision. 

b.	The Secretarial Process (Army G-1/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 January 2016. 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. 

c.	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. 

d.	The applicant s retirement orders, dated 20 August 2014, with a retirement date 
of 31 January 2015, provided instructions in paragraph b:  You are authorized up to 1 
year to complete selection of a home and complete travel in connection with this action.  
The retiree was required to request and receive annual transportation extension(s) from 
the Fort Rucker, AL, Transportation Office each year prior to her retirement anniversary 
date. She did not submit an extension before her one year of authorization expired on 
31 January 2016. In addition, the JTR limitation for a retiree move to a home of 
selection is a maximum of 6 years from the date of retirement, which expired on 
31 January 2021. 

e.	This office lacks the JTR authority to retroactively approve an expired travel and 
transportation authorization 7 years and 2 months after the fact.

6.  On 12 April 2023, the applicant was provided with a copy of the advisory and 
provided an opportunity to respond. She provided a rebuttal to the opinion stating, in 
effect, that she does not dispute the regulation or time limitations laid out in the 
advisory, however, she disagrees with the statement that she did not request an 
extension. The reason she sought our review from the Board of Corrections was 
because her file could not be located. She understands the  facts  of the case, but they 
are not accurate when pertaining to her actions or lack thereof, nor do they reflect the 
unfortunate circumstances that contributed to her condition.

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 Board carefully 
considered the applicant's contentions, the military record, supporting documentation 
and regulatory guidance. The Board agreed the applicant had one year to request an 
extension of her HHG. However, due to the impact of the restrictions imposed during 
the Covid-19 pandemic, the Board also agreed that due consideration should be given. 
Although some evidence available for review did not support the applicant s request, the 
Board determined that time limit extensions may be authorized or approved through the 
Secretarial Process when there is an unexpected event beyond the service member's 
control and relief is warranted. 

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

xx	xx	xx	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 reinstating the applicant s 
travel and transportation entitlement.
	 
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.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within 3 years after discovery of the alleged error or injustice. This 
provision of law also allows the ABCMR to excuse an applicant's failure to timely file 
within the 3-year statute of limitations if the ABCMR determines it would be in the 
interest of justice to do so.

2.  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. 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)	AR20230000491


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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