IN THE CASE OF: BOARD DATE: 18 August 2023 DOCKET NUMBER: AR20230001663 APPLICANT REQUESTS: correction of his record to show approval of extension of expired transportation entitlements to move Household Goods (HHG). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * U.S. Army Installation Management Command Headquarters (HQs) U. S. Army Garrison Orders Number 162-0501 * E-mail traffic between the applicant and Fort Rucker, AL Transportation Office * Request for extension for transportation of HHG FACTS: 1. The applicant states in effect, he retired from active duty in August of 2021 and had scheduled his final transportation of his HHG for August 2022; however, due to an unforeseen medical situation it had to be cancelled. He was in contact with the Eglin Air Force Base Transportation Office who advised him to file a request to reinstate his transportation benefits. He requests the Board grant him relief to correct his records to reflect a retroactive approval of an extension for the transportation of his HHG. 2. A review of the applicant's service record shows: a. With prior enlisted Army National Guard (ARNG) and Regular Army (RA) service, on 9 April 2013, Orders Number 099-008-A-2764, issued by HQs, U.S. Army Cadet Command, the applicant was ordered to active duty, effective 11 May 2013. b. The applicant completed his oath of office on 11 May 2013 and was appointed a RA commissioned officer. c. On 20 May 2021, the informal Physical Evaluation Board found the applicant physically unfit for retention and recommended he be placed on the Permanent Disability Retired List (PDRL) with a 70 percent disability rating. d. On 11 June 2021, Orders Number 162-0501, issued by the U. S. Army Installation Management Command HQs U.S. Army Garrison, the applicant was retired, effective 26 August 2021, and placed on the PDRL on 27 August 2021 with a 70 percent disability. The additional instructions stated the applicant was authorized up to 1-year to complete the selection of a home and to complete travel in connection with the action. e. The applicant was honorably retired from active duty on 26 August 2021 and assigned to the U.S. Army Reserve Control Group (Retired Reserve) due to a permanent physical disability. DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant completed 8-years, 3-months, and 16-days of active service with 13 years and 18 days of prior active service. 3. The applicant provides: a. E-mail traffic between the applicant and the Fort Rucker Transportation Office which shows: * 18 July 2022 applicant's spouse requested information to request an extension for the transportation of her husband's (the applicant) HHG * 18 July 2022 Fort Rucker Transportation Office responded providing a sample letter for the request and advised the retirement orders would also be needed * 22 September 2022 applicant's spouse requested guidance to apply for an extension for the transportation of the applicant's HHG * 22 September 2022 Fort Rucker Transportation Office responded providing an example of an extension letter and advised for the letter and the retirement orders to be returned as soon as possible * 22 September 2022 Fort Rucker Transportation Office responded again stating she was unsure if the applicant's spouse received the previous e-mails * 5 October 2022 applicant's spouse requested guidance and a point of contact to discuss an extension for the transportation of HHG * 11 October 2022 Fort Rucker Transportation Office responded stating she responded each time the applicant's spouse e-mailed (attached the previous e- mails), again advising an extension request letter and the retirement orders needed to be provided to consider the extension request b. Unsigned memorandum from the applicant dated 1 December 2022, requesting an extension for the transportation of his HHG. 4. On 5 April 2023, in the processing of this case, the Office of the Deputy Chief of Staff, G-4, provided an advisory opinion regarding the applicant's request for a retroactive approval of an extension for transportation of his HHG. The advisory official stated the applicant was required to request an annual travel and transportation extension from the Fort Rucker, AL, Transportation Office prior to his 1-year retirement anniversary of 26 August 2022. The applicant retired on 26 August 2021, he provided evidence of his request sent to the Lead Travel Clerk at Fort Rucker, AL, Transportation Office requesting an extension of the transportation of his HHG. The lead clerk responded to the e-mail but did not process the request. Therefore, the advisory official recommends approval of the applicant's request. 5. On 5 April 2023, the Army Review Boards Agency, Case Management Division, provided the applicant the advisory opinion for review and comment, 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 warranted. The applicant's contentions, the military record, all supporting documentation and regulatory guidance were carefully considered. The Board agreed that the applicant timely requested an extension; however, at no fault of his own, the lead clerk at the transportation office did not process the request. As this was an unexpected event beyond the service member's control, the Board agreed that an extension of his expired transportation entitlements to move Household Goods (HHG) 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 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 to show he is eligible for travel and transport of his household goods at Government expense until 26 August 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. ADMINISTRATIVE NOTE(S): ? REFERENCE: Joint Travel Regulation (JTR) (Uniformed Service Members and DoD Civilian Employees), the JTR implements policy and laws establishing travel and transportation allowances of Uniformed Service members and DoD civilian travelers. The JTR has the force and effect of law for travelers and implements statutory regulations and law for DoD civilian travelers. Organizations are expected to take appropriate disciplinary action when travelers willfully fail to follow the JTR. Chapter 5 (Permanent Duty Travel) includes Permanent Change of Station (PCS) rules for travel by a Service member, travel by a dependent, local travel, and shipment and storage of belongings. It also covers the eligibility for types of standard PCS allowances: transportation, per diem, miscellaneous reimbursable expenses, dislocation allowances, and temporary lodging expenses. Paragraph B (PCS Travel Covered), Time Limitations, travel to a selected home must be completed within 1 year after active duty termination. Subparagraph 6. (Travel and Transportation Allowance Extensions when a Member Separates from the Service), a. A written time limit extension may be authorized/approved using the Secretarial Process. b. An explanation of the circumstances justifying the extension must include the following: specific additional time period, description of the circumstances that prevent use within the prescribed time. The extension must be for the shortest time appropriate under the circumstances, acknowledgement that the extension is not being granted merely to accommodate personal preferences or convenience, an extension must not be authorized/approved if it extends travel and transportation allowances for more than 6 years from the date of: separation, release from active duty, or retirement. An extension under 'Other Deserving Cases' for any reason may not be for more than 6 years from the date of separation, release from active duty, or retirement. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230001663 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1