RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02486
INDEX CODE: 128.02
XXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 February 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be authorized an extension to store household goods (HHG) at Government
expense from April 2002 to the present.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was misled to believe he could get extensions for HHG storage at
government expense up to five years for medical reasons.
In support of his application, the applicant submits copies of his
retirement order, Department of Veterans Affairs (DVA) Rating Decision, DVA
clinic letters, U.S. Postal Service “High Risk” letter, and a letter from
the Joint Personal Property Shipping Office (JPPSO) concerning extension
entitlement. The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was relieved from active duty with an honorable
characterization of service on 30 April 2001 and, retired effective 1 May
2001. He retired in the rank of master sergeant with 20 years, and 16 days
of active duty.
According to a DVA letter dated 15 March 2004, the applicant was granted
service connected disability rated at 70 percent.
On 18 April 2005, JPPSO denied the applicant’s request for a travel and
transportation extension.
_________________________________________________________________
AIR FORCE EVALUATION:
JPPSO-SAT/ECAF recommends denial of the applicant’s request. ECAF states
in accordance with paragraph U5365-D, Joint Federal Travel Regulation
(JFTR), an extension of time limit may be authorized or approved through
the Secretarial process for members who are confined in, or undergoing
treatment at a hospital on the date of termination of active duty, or for
any period during the 1-year following termination of active duty. An
extension of the time limit would apply only for the amount of time the
member was confined in a medical facility or deemed to be unable to
travel due to medical reasons that occurred during the first year. There
are no provisions in the (JFTR) to extend the time limit for travel or
storage entitlements for members after they relocate.
ECAF states the applicant was released from active duty on 30 April 2001
establishing his expiration for transportation entitlements as 30 April
2002. He was not confined in a medical facility nor deemed unable to
travel due to medical reasons after his release from active duty.
Indeed, after retirement, the applicant relocated from North Carolina to
Fort Lauderdale, Florida. It is JPPSO’s opinion the applicant did not
meet the criteria for extension of his transportation entitlements. The
AF/DPPC 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 30
September 2005 for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
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 probable error or injustice. The applicant asserts he was
misled to believe he could get extensions for his HHG storage at government
expense up to five years for medical reasons; however, he provide no
evidence to support this contention. We note in accordance with the JFTR,
an extension of time limit may be authorized or approved through the
Secretarial process for members who are confined in, or undergoing
treatment at a hospital on the date of termination of active duty, or for
any period during the 1-year following termination of active duty. An
extension of the time limit would apply only for the amount of time the
member was confined in a medical facility or deemed to be unable to travel
due to medical reasons that occurred during the first year. However, the
applicant has not provided evidence to show he was confined to a medical
facility or unable to travel due to medical reasons. Therefore, 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.
Accordingly, we find no no basis upon which to favorably consider the
applicant’s request.
_________________________________________________________________
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 February 2006, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Patrick C. Daugherty, Member
Ms. Glenda H. Scheiner, Member
The following documentary evidence for AFBCMR Docket Number BC-2005-02486
was considered:
Exhibit A. DD Forms 149, dated 5 Aug 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, JPPSO-SAT/ECAF, dated 19 Sep 05.
Exhibit D. Letter, SAF/MRBR, dated 30 Sep 05.
RICHARD A. PETERSON
Panel Chair
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