IN THE CASE OF: BOARD DATE: 9 May 2023 DOCKET NUMBER: AR20230000590 APPLICANT REQUESTS: reinstatement of her expired travel and transportation/household good entitlements. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 084-0014 issued by Headquarters, U.S. Army Garrison, Fort Riley, 24 March 2016 * Department of Logistics, Personal Property and Passenger Service Work Center Memorandum For Record, Subject: Applicant requests first time Household Goods (HHG) Shipment Entitlement Extension, 16 July 2017 * Department of Logistics, Personal Property and Passenger Service Work Center Memorandum For Record, Subject: Applicant requests second time HHG Shipment Entitlement Extension, 30 May 2018 * Department of Logistics, Personal Property and Passenger Service Work Center Memorandum For Record, Subject: Applicant requests third time HHG Shipment Entitlement Extension, 28 May 2019 * 407th Army Field Support Battalion (AFSBN) - Riley letter, Reference: Fifth and final request for extension on time limitation for travel and HHG shipment entitlements, 28 May 2020 * 407th AFSBN - Riley letter, Reference: Fourth request for extension on time limitation for travel and HHG shipment entitlements, 29 May 2020 * Self-Authored Statement, 26 May 2021 * Self-Authored Statement, 23 May 2022 * Radiology Reports, printed on 9 September 2022; 25 June 2021, 16 September 2021; and 17 March 2022 * Lab Results, printed on 9 September 2022; Lab Results, 4 March 2022; Lab Results, 11 March 2022; Lab Results, 18 March 2022; and Lab Results, 30 March 2022 * Consult Requests, printed on 9 September 2022; 20 May 2021, 30 June 2021; 23 September 2021; 24 September 2021; and 28 September 2021 * Health Summaries, printed on 9 September 2022 * Progress Notes, printed on 9 September 2022 * Lee Memorial Health System, Health Information Management (HIM), Release of Information (ROI), 12 August 2021 * Lee Memorial Health System HIM ROI, 27 August 2021 * Form DFS-F5-DWC-25 (Workers Compensation Uniform Medical Treatment/Status Reporting Form), 9 September 2022 * Med Express Clinical Summary Report, 22 August 2022 * Med Express Clinical Summary Report, 9 September 2022 * Funeral Program for 6 September 2022 FACTS: 1. The applicant states that she is requesting an appeal for her HHG to be shipped as an entitlement. a. On 24 May 2022, she sent her request to Ms. at Fort Riley for another extension. A week later, Ms. confirmed that the request was received and forwarded. Soon after, she lost access to her email without receiving a response. b. On 29 July 2022, she regained access to her email and saw Ms. response and called to set up the delivery of her HHG; however, she was informed that she needed to contact the Transportation Office. c. On 4 August 2022, she spoke to Ms. and provided the requested forms to set up her HHG delivery for 29 August 2022 or 31 August 2022. On 26 August 2022, she was informed that the Fort Riley Transportation Office could not locate her HHG paperwork. After several calls and the completion of additional paperwork, a new delivery date was set for mid-September. On 8 September 2022, she was informed she was not entitled to have her HHG shipped by the Army since she did not appeal. d. Due to caring for her elderly parents, building a home, pursuing her education, and her own healthcare needs, she requests an extension to cover the period to have her HHG delivered as soon as possible at the government expense. 2. The applicant's service record shows: a. On 25 September 1992, having had prior commissioned service, the applicant was appointed as a Reserve officer in the Army Nurse Corps. b. On 13 July 2002, the applicant was commissioned as a Regular Army Officer in the Nurse Corps. c. Orders Number 084-0014 issued by Headquarters, U.S. Army Garrison, Fort Riley, dated 24 March 2016, reassigned the applicant to the Fort Riley Transition Center, effective 31 May 2016, and placed her on the retired list, effective 1 June 2016. The additional instructions stated: * Authorized up to 1 year to complete selection of a home and complete travel in connection with action * Authorized shipment of HHG to home of selection * Authorized up to 1 year of non-temporary storage of HHG * Authorized up to 1 year to ship HHG to home of selection d. DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 31 May 2016, showing the applicant was retired. * Block 12a (Date Entered Active Duty Service) – 15 July 1992 * Block 12c (Net Active Service This Period) – 13 years, 10 months, and 18 days * Block 12d (Total Prior Active Service) – 9 years, 11 months, and 28 days * Block 12e (Total Prior Inactive Service) – 0 years, 2 months, and 13 days 3. The applicant provides: a. Department of Logistics, Personal Property and Passenger Service Work Center Memorandum for Record (MFR), Subject: Applicant requests first time HHG Shipment Entitlement Extension, dated 16 July 2017, approved a 1-year extension through 31 May 2018. b. Department of Logistics, Personal Property and Passenger Service Work Center MFR, Subject: Applicant requests second time HHG Shipment Entitlement Extension, dated 30 May 2018, approved a 1-year extension through 30 May 2019. c. Department of Logistics, Personal Property and Passenger Service Work Center MFR, Subject: Applicant requests third time HHG Shipment Entitlement Extension, dated 28 May 2019, approved a 1 year extension through 31 May 2020. d. 407th AFSBN - Riley letter, Reference: Fifth and final request for extension on time limitation for travel and HHG shipment entitlements, dated 28 May 2020, extended the applicant's time limit to travel to her home of selection and for the shipment of HHG through 31 May 2022. e. 407th AFSBN - Riley letter, Reference: Fourth request for extension on time limitation for travel and HHG shipment entitlements, dated 29 May 2020, extended the applicant's time limit to travel to her home of selection and for the shipment of HHG through 31 May 2021. f. Self-Authored Statement dated 26 May 2021, in which the applicant requested her fifth and final extension of her HHG shipping entitlement to continue her education and finish building her home. g. Self-Authored Statement dated 23 May 2022, in which the applicant requested an additional extension beyond her 5th extension of her HHG shipping entitlement due to unforeseen circumstances. h. Radiology Reports, covering period 25 June 2021 to 17 March 2022, printed on 9 September 2022, in which the applicant was screened for a mammogram, right thumb pain, and bilateral foot pain. i. Lab Results, covering period 4 March 2022 to 30 March 2022, printed on 9 September 2022, showing the applicant's result of a urinalysis, pathology report, and occult blood fecal fit screening. j. Consult Requests, covering period 20 May 2021 to 28 September 2021, printed on 9 September 2022, showing the applicant entered a prosthetics request, eyeglass request, and a surgery consult for a foreign body embedded in the right thumb. k. Health Summaries, printed on 9 September 2022, showing the applicant's active medications and immunizations. l. Progress Notes, covering period 20 May 2021 to 22 March 2022, printed on 9 September 2022, showing the applicant was administered the COVID-19 vaccine, treated for a facial and orbital edema, received her mammogram results, and the removal of foreign object from hand. m. Lee Memorial Health System HIM ROI, dated 12 August 2021 and 27 August 2021, showing the applicant was treated in the emergency department. n. Form DFS-F5-DWC-25 dated 9 September 2022, in which the applicant's physician confirmed that her condition (sprain of ligaments of lumbar spine and sprain of joints and ligaments of unspecified parts of neck) occurred on 9 August 2022 and was work-related. o. Med Express Clinical Summary Report, dated 22 August 2022, showing the applicant was treated for lower back pain and a headache after injuring her forehead and hand at work. On 9 September 2022, she completed a follow-up appointment. p. Funeral Program for dated 6 September 2022. 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 10 February 2023. The advisory official denied 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 travel and transportation, HHG shipment authorization beyond 6 years without an on-going certified medical condition(s). 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. JTR paragraph 051003-I.2 (Time Limitations for Travel to the Home of Selection) states that 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. b. The applicant's retirement date was 31 May 2016, she submitted 5 annual extension requests, and her entitlement to travel and transportation to Home of Selection with extensions expired on 31 May 2022 in accordance with the JTR paragraph 051003-I.2. c. An examination of this request indicates a need for at least a six to seven extensions and to meet the home reconstruction and availability for delivery. This office lacks the JTR authority to approve a sixth or subsequent extension of an expired travel and transportation authorization for the applicant. 5. The advisory opinion was provided to the applicant to afford her the opportunity to respond to its content. On 23 February 2023, she acknowledged the advisory and asked that the Army Review Boards Agency grant the extension of her travel and transportation entitlement in order to take possession of her HHG without the added expense after the death of her father and property damage caused by Hurricane Ian. 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 applicant's contentions, the military record, and regulatory guidance were carefully considered. The evidence of record shows the applicant was honorably retired on 31 May 2016. His retirement orders stated she was authorized up to 1 year to complete selection of a home and complete travel in connection with this action. She was required to request and receive an annual transportation extension from the Transportation Office each year prior to her retirement anniversary date. She submitted 5 annual extension requests, and her entitlement to travel and transportation to Home of Selection with extensions expired on 31 May 2022 in accordance with the JTR. 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. The applicant reached the 6-year threshold on 31 May 2022. 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, Paragraph 051003-I.2 (Time Limitations for Travel to the Home of Selection) a Servicemember is authorized HHG transportation from the last permanent duty station to the servicemember's home of selection. 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 home of selection 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) AR20230000590 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1