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AF | BCMR | CY2004 | BC-2004-02069
Original file (BC-2004-02069.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02069
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be considered for entitlement to shipment of household goods (HHG)
at the governments expense.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She separated form the regular Air Force on 15 October 1999 as she was
approved for a quick turn Palace Chase assignment with the  XXXXX  Air
National Guard (XXANG).   Due  to  circumstances  beyond  her  control
(selling her home), she was not able to affect a move at the  time  of
her separation.  On 6 March 2000, she requested  her  entitlements  be
extended a few months to allow her more time to schedule the pickup of
her HHG.  Her shipping entitlement was extended to  14  October  2000.
Due to the negligence of her realtor, she was not  able  to  sell  her
home.  Consequently, she did not  use  her  HHG  shipping  entitlement
within  the  allotted  time  to  do  so.   After  filing  an  official
complaint, she ceased trying to sell the home and still resides  there
today.

In support of her  appeal,  the  applicant  has  provided  a  personal
statement and copies of her separation  paperwork,  paperwork  on  HHG
extension requests, her DD  Form  214’s,  Certificate  of  Release  or
Discharge from Active Duty, the complaint  against  her  realtor,  and
several special orders  ordering  her  to  annual  training  duty  and
mobilization for Operation Enduring Freedom.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, a current member  of  the  XXANG,  was  separated  from
active duty on 15 October 1999 under the Palace  Chase  program.   She
was not able to use her HHG shipping entitlement during  the  allotted
time and requested an extension.  Her  extension  of  entitlement  was
granted  and  she  was  given  until  14 October  2000  to   use   the
entitlement.  She did not do so.


AIR FORCE EVALUATION:

JPPSO-SAT/ECAF   recommends   denial.    JPPSO-SAT/ECAF   notes   that
entitlement to HHG shipping terminates  on  the  181st  day  following
separation from the service unless a written application  for  HHG  is
submitted  to  the  proper  authority  prior  to  the  180th  day   of
eligibility.  The  extension  may  be  authorized/approved  only  when
circumstances prevent use within the prescribed time; and must be  for
shortest time appropriate under the circumstances; and not be  granted
merely to accommodate personal  preferences  or  convenience.   JPPSO-
SAT/ECAF notes she was separated on 15 October 1999, her authorization
to travel and shipment of HHG at government expense were to expire  13
April 2000.  On 6 March 2000, her entitlements were extended,  at  her
request, until 14 October 2000.  She chose not to ship the HHG  during
the extended period.

JPPSO-SAT/ECAF’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6
August 2004 for review and comment within 30 days.  As of  this  date,
no response has been received by this office.

_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and  adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  It appears she asked for and  was  granted  an
extention to her eligibility to ship her HHG’s; however, she  did  not
exercise her right within the allotted time frame.  Therefore, in  the
absence of evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________





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 AFBCMR Docket Number BC-
2004-02069 in Executive  Session  on  28  September  2004,  under  the
provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Terry L. Scott, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, JPPSO-SAT/ECAF, dated 27 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Aug 04.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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