RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01917
            INDEX CODE:  128.05
      xxxxxxxxxxxxxxx  COUNSEL:  NONE

      xxxxxxxxxxxxxxxxx      HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  26 OCT 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to  entitle  him  to  household  goods  (HHG)
transportation to his home of selection (HOS).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had a brain tumor with  memory  loss  and  was  unable  to  conduct
business and had difficulty remembering to perform tasks.

In support of his request, applicant provided a personal statement,  a
copy of a Neurology  Outpatient  Progress  Note,  Veterans  Industries
Vocational Rehabilitation Program Letter, AF Form 781,  Multiple  Item
Prescription, Special  Orders  Number  AC-002820  and  a  copy  of  an
Extension of travel and Transportation Entitlements Letter.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant retired from the Regular Air Force on 1  July  1997,  in
the grade of master sergeant.  The applicant  entered  college  during
the  one  year  period  following  termination  of  active  duty.   He
requested and received an extension of his transportation entitlements
from 30 June 1998 to 30 June 1999.

On 21 April 2003, the applicant was referred to a clinic by his social
worker for an assessment, because he was failing the college  program.
Upon admission to the Incentive Work  Therapy  (IWT)  program  he  was
diagnosed with depression, post traumatic stress disorder,  bipolar  I
disorder and a benign brain tumor.

On 3 October 2003, the applicant dropped out of the education  program
due to his frustration over his inability to retain information and to
pursue a day treatment social therapy program.

His spouse states he had a very rare brain tumor and  doctors  watched
it for 3 years before deciding to remove it in July 2004.

________________________________________________________________

AIR FORCE EVALUATION:

JPPSO-SAT/ECAF states in view of the  6-year  statute  of  limitations
regarding travel after release from  active  duty,  JPPSO  is  without
authority to recommend approval in this case.    A  member  on  active
duty is authorized HHG transportation from the last  or  any  previous
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 termination of active duty.

Under the provision of paragraph U5012-I, JFTR, the 1-year time  limit
may be extended using the Secretarial Process.  However, and extension
may not be authorized/approved if it extends travel and  transpiration
allowances for more than 6  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  6
years from the separation/retirement date.

Regarding extension of the travel time limit, the Comptroller  General
of the United States has ruled that Congress intended travel to be the
result of separation from active duty.  Decision B207157,  2  February
1983, states, “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.”

In this case the applicant was released from active  duty  on  30 June
1997.  He received an education extension that extended his travel and
transportation entitlements to 30 June 1999.  His  medical  conditions
did not arise until  September  2001,  more  than  2 years  after  his
entitlements had expired.

The JPPSO-SAT/ECAF evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states his condition started before  2001,  but  he  was
unaware of it.  He was experiencing memory loss  and  struggling  with
classes in school, but did not realize what  was  going  on  until  he
actually had the first seizure in 2001, which is when  the  tumor  was
found.  His surgeon stated that the tumor had  been  growing  for  ten
years or more.  He and his wife requested another  extension  and  the
application was supposed to have been sent to them, however they never
received  the  application.   During  this  time  the  applicant   was
experiencing difficulty completing tasks and was forced to drop out of
school due to his memory loss and mood swings.

The applicant’s complete response, with attachment, is at Exhibit D.

_________________________________________________________________

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.  Sufficient relevant evidence has been presented to demonstrate  the
existence of an error or  injustice.   After  carefully  reviewing  the
evidence of record and the applicant’s complete submission, it  is  our
opinion the applicant should be  entitled  to  transportation  benefits
authorized for members retiring  from  the  Air  Force.   Documentation
provided by the Commander of Neurosurgery, Wilford Hall Medical Center,
indicates that it is extremely likely that the  applicant’s  tumor  was
present for at least ten years prior to its removal in July 2004. Thus,
it is almost certain it started during the time  in  which  he  was  on
active duty. In view of the above and in order to resolve any potential
injustices to the applicant, we believe his records should be corrected
to the extent indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

      The pertinent military records of  the  Department  of  the  Air
Force relating to APPLICANT,  be  corrected  to  show  that  competent
authority determined a certified on-going  medical  condition  existed
that prevented relocation; and, in accordance with the  provisions  of
paragraph U5012-I, Joint Federal Travel Regulations,  his  travel  and
transportation allowances were extended to 31 December 2005.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2005-
01917 in Executive Session on 7 July 2005, under the provisions of AFI
36-2603:

                 Mr. Richard A. Peterson III, Panel Chair
                 Ms. Sue A. Lumpkin Member
                 Mr. James W. Russell III, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 13 Jun 05, w/atchs.
      Exhibit B. Letter, JPPSO-SAT/ECAF, dated 22 Jun 05.
      Exhibit C. Letter, SAF/MRBR, dated 28 Jun 05.
      Exhibit C. Letter, Applicant, dated 29 Jun 05, w/atch.




      RICHARD A. PETERSON
      Panel Chair
AFBCMR BC-2005-01917




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of  the  Department  of  the  Air
Force relating to  APPLICANT  be  corrected  to  show  that  competent
authority determined a certified on-going  medical  condition  existed
that prevented relocation; and, in accordance with the  provisions  of
paragraph U5012-I, Joint Federal Travel Regulations,  his  travel  and
transportation allowances were extended to 31 December 2005.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency