RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03655
INDEX CODE: 128.05
XXXXXXXXXXXXXXXX COUNSEL: NOT INDICATED
XXXXXXXXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 26 JUN 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to entitle him to household goods (HHG)
transportation to his home of selection (HOS).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Upon retirement from the Air Force he remained in the local area for
personal and professional reasons and was not able to move his
household goods before expiration of the one year deadline. He has a
new job and his employer will not pay for his relocation.
In support of his request, applicant provided a copy of his DD Form
214, Certificate of Release or Discharge from Active Duty.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Regular Air Force on 1 January 1992, in
the grade of master sergeant. He served a total of 20 years 4 months,
and 21 days.
________________________________________________________________
AIR FORCE EVALUATION:
JPPSO-SAT/ECAF recommends denial. ECAF states the applicant retired
from active duty on 31 January 1992, and the reason he did not relocate
within the one year following termination of active duty was not due to
an unexpected event beyond his control, but due to his decision to
obtain employment in the local area of his last duty station. His
entitlement to move his HHG at government expense terminated on 31
January 1993.
According to ACAF the applicant has obtained employment outside the
local area and his new employer will not pay to move his HHG, so he is
requesting the government move his HHG and dependents to the new job
location.
Under the provision of paragraph U5365-F, JFTR, an extension of the 1-
year time limit may be authorized/approved through the Secretarial
Process when an unexpected event beyond the member’s control occurs
which prevents the member from moving to the HOS within the specified
time limit.
In decision B207157, 2 February 1983, the Comptroller General held that
Congress intended that travel be the result of separation/retirement
from service, since it is not a benefit that the separated/retired
member retains until used and may not be extended for more than a total
of six years from the retirement/separation date, regardless of the
circumstances.
The JPPSO-SAT/ECAF evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 16
Dec 2005, 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. After a thorough review of the
evidence of record and applicant’s submission, we are not persuaded
that he should be given the requested relief. Applicant’s contentions
are duly noted; however, we do not find these assertions, in and by
themselves, sufficiently persuasive to override the rationale provided
by the Air Force. We therefore agree with the recommendations of the
Air Force and adopt the rationale expressed as the basis for our
decision that the applicant has failed to sustain his burden of
establishing that he has suffered either an error or an injustice. 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 Docket Number BC-2005-
03655 in Executive Session on 8 March 2006, under the provisions of AFI
36-2603:
Ms. Kathy L. Boockholdt, Panel Chair
Ms Cheryl V. Jacobson Member
Mr. August Doddato, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Nov 05, w/atch.
Exhibit B. Letter, JPPSO-SAT/ECAF, dated 9 Dec 05.
Exhibit C. Letter, SAF/MRBR, dated 16 Dec 05.
KATHY L. BOOCKHOLDT
Panel Chair
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