RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2004-02012
            INDEX CODE 128.14
            COUNSEL:  None

            HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His transportation entitlements on retirement to move his  family  and
household goods (HHG), which expired in Jun 02, be extended.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not realize there was a time limit to this retirement endowment
and until now the need never existed to use this privilege.  He  never
exercised the option to move. He is now working at  Peterson  AFB  and
needs the privilege to move his family to CO or encounter  an  extreme
financial hardship.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The Air Force is governed in matters pertaining to the shipment of HHG
for its military members by volume 1, Joint Federal Travel Regulations
(JFTR), which is promulgated from Title 37, USC.

In accordance with JFTR paragraph U5365-A, a member who  retires  from
active duty is authorized HHG transportation  from  the  last  or  any
previous permanent duty station, from a  designated  place  in  CONUS,
from storage, or any combination thereof,  to  the  member’s  home  of
selection.  Except for  members  undergoing  hospitalization,  medical
treatment, education or training, or in other deserving cases, the HHG
must be turned over for transportation within one year  following  the
termination of active duty.

Per JFTR paragraph U5012-I, a written time extension that includes  an
explanation of circumstances  justifying  the  extension  may:  1)  be
authorized/approved for a specific additional time  period  using  the
Secretarial  Process;  2)  be  authorized  or   approved   only   when
circumstances prevent use within the prescribed time, and must be  for
the shortest time appropriate  under  the  circumstances;  3)  not  be
granted merely to accommodate  personal  preferences  or  conveniences
(DoD/CG #99-1); and 4) not be authorized/approved if it extends travel
and transportation allowances for more than six years from the date of
separation or  release  from  active  duty  or  retirement,  unless  a
certified on-going medical condition prevents relocation of the member
for longer than six years from the separation/retirement date.

In decision B207157, dated 2 Feb 83,  the  Comptroller  General  held,
“The  primary  requirement  is  that  the  travel  be  the  result  of
separation/retirement from the service, since  it  is  not  a  benefit
which the separated/retired member retains until  used  regardless  of
circumstances.”

On 1 Jun 96, the applicant retired in the  grade  of  major  after  21
years, 7 months and 15 days of active service.  He had until 31 May 97
to relocate to a home of selection.  If a six-year extension had  been
applied for and approved, it also would have expired on 31 May 2002.

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AIR FORCE EVALUATION:

The Joint Personal Property Shipping Office (JPPSO),  ECAF,  indicates
that, notwithstanding the applicant’s statement he did not  understand
there was a time limit in which to use  his  relocation  entitlements,
regulations require members retiring from  active  duty  to  sign  and
receive a  copy  of  AF  Form  2473,  Home  of  Selection  Travel  and
Transportation Entitlements. AF Form 2473 lists the  date  the  member
must complete travel to the home of selection and also informs him/her
how to request an extension of the basic one year time limit should it
become necessary.  The applicant retired from active duty on 1 Jun  96
and had until 31 May 97 to relocate to a home of  selection.   He  did
not provide any evidence to support an  error  or  an  injustice  that
caused  him  not  to  relocate  within  the  authorized  time  period.
Therefore, denial is recommended.

A complete copy of the evaluation, with attachment, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF JPPSO/ECAF EVALUATION:

A complete copy of the JPPSO/ECAF  evaluation  was  forwarded  to  the
applicant on 23 Jul 04 for review and comment  within  30  days.   The
applicant did not respond  to  this  office;  however,  he  apparently
discussed his case with the AFBCMR intake office at Randolph AFB.  His
letter to the intake office, dated 16 Jul 04,  was  forwarded  to  the
AFBCMR Staff.

The applicant’s letter indicates the AFBCMR  intake  office  told  him
that, if he were to move himself and if the Board  favorably  approved
his case, the government  would  reimburse  him  for  his  move.   The
applicant advises he is renting trucks to move his  HHG  in  AL  to  a
storage location in Colorado Springs and then to his house when it  is
ready. The approximate cost of this self-help move using trucks,  fuel
and storage is $3,500 to $4,000.  He asserts that three estimates from
moving companies  to  move  his  HHG  to  CO  averaged  over  $12,000.
Reimbursement of his costs to move himself would  greatly  assist  his
move to his new home.  He realizes the window of  opportunity  to  use
his relocation benefit may have  expired  but  he  did  not  use  this
privilege before.

A complete copy of applicant’s response is at Exhibit E.

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THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  After a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded the government should pay for his relocation  expenses.   In
this regard, statutory and Comptroller  General  constraints  preclude
extending the applicant’s HHG benefit, which first expired on  31  May
97 and again, if extended, on 31  May  02.   As  pointed  out  in  the
Comptroller General 1983 decision, this travel benefit is  the  result
of separation or retirement from the service;  it  is  not  a  benefit
members retain until  used,  regardless  of  circumstances.   Further,
retiring members sign and receive an AF Form 2473 that  indicates  the
benefit’s expiration date and how to request an extension of the basic
one-year time limit.  The applicant was not prevented from  using  the
benefit within the authorized time period and we fail to see  how  the
government should be held culpable  in  this  case.   Reimbursing  the
applicant for his decision to move eight years  after  his  retirement
would be an unprecedented form  of  relief  not  afforded  others  who
relocate after their benefit has expired.  The applicant has not shown
he has been the victim of error or injustice or has been  treated  any
differently under the law than others similarly situated.  In view  of
the above and absent persuasive evidence to the contrary, we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 21 October 2004 under the provisions of  AFI  36-
2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Deborah A. Erickson, Member
                 Ms. Kathleen F. Graham, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2004-02012 was considered:

   Exhibit A.  DD Form 149, dated 18 Jun 04, w/atchs.
   Exhibit B.  Letter, JPPSO/ECAF, dated 14 Jul 04, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 23 Jul 04.




                                   RICHARD A. PETERSON
                                   Panel Chair