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AF | BCMR | CY2006 | BC-2006-00633
Original file (BC-2006-00633.DOC) Auto-classification: Denied

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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