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AF | BCMR | CY2006 | BC-2006-00123
Original file (BC-2006-00123.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00123
            INDEX CODE:  128.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

      MANDATORY CASE COMPLETION DATE: 15 Jul 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed for expenses of moving his household goods (HHGs).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He moved in June 2005 thinking he was no longer eligible to move  under  his
retirement orders since he retired over a year ago.  He  has  since  learned
from reading an article in military.com that  he  was  in  error.   When  he
retired his daughter was in the city school system  and  he  wanted  her  to
complete her studies prior to moving.  Once his  daughter  completed  school
he sold his house and relocated within the  same  town.   He  did  a  Do-it-
yourself (DITY) move.  He does not have weight receipts but  with  the  help
of friends moved four bedrooms and two  baths  of  household  items  from  a
1,500 square foot home.

In  support  of  his  request,  applicant  provided  a  personal  statement,
documentation associated with his military retirement, an  equipment  rental
receipt,  transcripts,  declaration  statements,   and   a   copy   of   the
military.com article.  His complete  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  4
Feb 83.  On 31 Oct 03, he was retired from the Air Force on  31  Oct  03  in
the grade of staff sergeant.  He served 20 years, 8 months, and 27  days  on
active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

JPPSO-SAT/ECAF recommends  denial.   JPPSO  states  when  a  member  retires
he/she is authorized HHG transportation to the member's home  of  selection.
Except for members undergoing hospitalization, medical treatment,  education
or training, or in other deserving cases, the HHGs must be turned  over  for
transportation within one year following termination  of  active  duty.   An
extension  of  the  one-year  time  limit  may  be  authorized  through  the
Secretarial process when an unexpected event  beyond  the  member's  control
occurs which prevents the member  from  moving  to  the  home  of  selection
within the specified time limit.  The extension may be authorized  only  for
the specified period of time the member anticipates is  needed  to  complete
the move.  Not wanting to move because the applicant wanted his daughter  to
remain in school was not an unexpected event beyond his control  that  would
meet the criteria for an extension.

He  retired  on  31  Oct  03;  therefore,  his  transportation  entitlements
terminated  31  Oct  04.   Additionally,  a  member's   HHG   transportation
entitlements are based on the amount of weight moved within  the  authorized
weight allowance for his/her grade. As the  applicant  did  not  obtain  any
weight tickets, it is impossible to determine the amount of weight moved  at
this late date.

The JPPSO 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 10  Feb
06 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 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 Joint Personal Property Shipping office's determination that  since
the applicant elected to move his household goods  eight  months  after  his
shipment entitlement expired and has provided no evidence to show  he  meets
the criteria for an extension of  his  entitlement,  he  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 AFBCMR Docket Number  BC-2006-
00123 in Executive Session on 16 Mar 06, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. LeLoy Cottrell, Member
      Mr. Frederick R. Beaman III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Jan 06, w.atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, JPPSO-SAT/ECAF, dated 26 Jan 06.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Feb 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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