RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00633
INDEX CODE: 128.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 2 SEPTEMBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her household goods (HHG) entitlement be extended so she may relocate from
Florida to Louisiana at government expense.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband has spent the last four years establishing enough seniority
with his company to allow for this move. She now has a license to practice
dentistry in Louisiana and has several practice opportunities waiting. Her
parents are elderly and will need assistance in the coming years. She
wishes to establish residency so her teenaged children can attend college
in Louisiana. Louisiana is her home of record and she has always intended
to settle there after retirement. She just became aware of the possibility
of obtaining this extension through a military newsletter. This extension
would save her from the financial hardship of moving and although her
entitlement has past, it seems to be a fair option which will also allow
her to make full use of her retirement benefit.
In support of her request, applicant provided a copy of her DD Form 214 and
retirement order.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Effective 31 July 2002, the applicant was relieved from active duty and
retired in the grade of lieutenant colonel effective 1 August 2002.
_________________________________________________________________
AIR FORCE EVALUATION:
JPPSO-SAT/ECAF recommends denial. JPPSO-SAT/ECAF states a member who
retires from active duty is authorized HHG transportation from the last or
any previous permanent duty station (PDS) from a designated place in OCNUS,
from storage, or any combination thereof, to the member’s home of
selection. JPPSO-SAT/ECAF advises that under the provisions of the JFTR, a
written time limit extension that includes an explanation of the
circumstances justifying the extension may be authorized/approved for a
specific additional time period using the Secretarial process; be
authorized/approved only when circumstances prevent use within he
prescribed time; must be for the shortest time appropriate under the
circumstances; and not be granted merely to accommodate personal
preferences or convenience. JPPSO-SAT/ECAF states that the applicant’s
stated reasons for not relocating within the authorized time period were to
accommodate personal preference and convenience that did not result from an
error or injustice.
The JPPSO-SAT/ECAF complete 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 26 May
2006 for review and response 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 an error or injustice. We took note of the applicant's
contentions for not relocating to her home of record within the authorized
time period; however, the Board does not find these assertions, in and by
themselves, sufficiently persuasive to override the rationale provided by
the Air Force. In this respect, we note Congress intended the primary
requirement for travel after leaving active duty be the result of
separation/retirement from service, and not a benefit which the retired
member retains until used regardless of the circumstances. Therefore, 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. In the absence of evidence to the contrary, we find no 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-2006-00637
in Executive Session on 18 July 2006, under the provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Wallace F. Beard, Jr, Member
Ms. Karen A. Holloman, Member
The following documentary evidence pertaining to Docket Number BC-2006-
00637 was considered:
Exhibit A. DD Form 149, dated 17 Feb 06, w/atchs.
Exhibit B. Letter, JPPSO-SAT/ECAF, dated 19 May 06.
Exhibit C. Letter, SAF/MRBR, dated 26 May 06.
KATHLEEN F. GRAHAM
Panel Chair
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