RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02513
INDEX NUMBER: 128.00
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 9 Feb 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be granted a waiver of the 180-day time limit to use his
entitlement to travel and ship household goods (HHG) at government
expense from Japan to his home of record in the United States.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was placed on the “Stop Loss” list after the events of 9-11 and
experienced a series of events that constituted a hardship to him.
When “Stop Loss” ended and he was permitted to leave the military, he
had already lost the job he had lined up and his stateside family was
moving, leaving him without a residence to return to. He also
experienced a medical problem with his knee. The combination of
problems put him under a lot of stress. During this time, he was
under the impression he did not have to use his entitlement to move
until his time in the Reserves was up, the summer of 2005. He
separated from the military and lived on the local economy in Japan
until conditions were good for his return. He recently decided to
return to the States and upon contacting the traffic management office
(TMO) learned that he had misunderstood the timeframe for using his
entitlement.
He believes that the circumstances at the time of his separation,
e.g., the stress of “Stop Loss,” problems with his military pay, etc.,
were unique and warrant consideration for allowing him to use his
entitlement to move back to the States at government expense.
In support of his application, the applicant provides a copy of the
special order authorizing his separation from the military and
authority to relocate from Japan to his home of record.
The applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 10 Dec 97 and was promoted up to
the grade of senior airman (SrA) (E-4). The applicant separated from
the Air Force on 9 Aug 02. Additional information pertaining to this
application is contained in the advisory opinion prepared by the
appropriate Air Force Office of Primary Responsibility found at
Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
JPPSO-SAT/ECAF recommends denial of the applicant’s request. At the
time of his release from active duty, the applicant listed an address
in Japan as his future mailing address, indicating his intent to
remain in Japan. The applicant separated from the Air Force on 9 Sep
02 and had until 7 Mar 03 to travel at Government. He did not state
any conditions that were beyond his control that prevented him from
traveling within the authorized time limit. A previous Comptroller
General decision concluded that Congress intended to retain the
principle that the time limitation ensures travel and transportation
are related to are related to separation or retirement. The primary
requirement is that travel be the result of separation (retirement)
from Service, since it is not a benefit that the retired member
retains until used.
The 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 9
Sep 05 for review and comment within 30 days. To date, a response has
not been received.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
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 its rationale as the basis
for our conclusion that the applicant has not been the victim of an
error or injustice. 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 Docket Number BC-2005-
02513 in Executive Session on 19 October 2005, under the provisions of
AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Ms. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Jul 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, JPPSO-SAT/ECAF, dated 30 Aug 05.
Exhibit D. Letter, SAF/MRBR, dated 9 Sep 05.
RICHARD A. PETERSON
Panel Chair
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