RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00665
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 4 SEP 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be granted an extension of his transportation entitlements so that he
may relocate from California to Atlanta, Georgia at Government expense.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Upon out-processing, he could not find a suitable job in Georgia, so he
decided to stay in California. In 2003, he started a business with hopes
of building it to a level that could facilitate a move home.
Unfortunately, it took longer than expected. His original eligibility for
extension ended in 2004 and had he chosen to use the final permanent change
of station (PCS) within the allotted extension period, he would have been
in a very precarious position.
In support of his request, the applicant provided a copy of a pre-
incorporation subscription agreement and an AF Form 100, Request and
Authorization for Separation.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 May 2001, the applicant was released from active duty in the grade of
captain effective and with a date of rank of 29 May 2000. At the time of
his release he was assigned to HQ Space and Missile Systems Center in Los
Angeles, California. His entitlement to relocate at Government expense
terminated on 30Â October 2001.
_________________________________________________________________
AIR FORCE EVALUATION:
JPPSO-SAT/ECAF recommends denial. JPPSO states entitlement to household
good (HHG) transportation terminates on the 181st day following separation
from the service or relief from active duty unless a written application
for HHG transportation is turned in to a transportation officer or a
designated representative before the expiration of the 180th day. A
written time limit extension may be authorized, but it is not granted
merely to accommodate personal preferences or convenience. He did not
state how he is the victim of an error or injustice, nor did he provide any
reasoning for not relocating within the prescribed time limit that was
beyond his control.
The JPPSO complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 30 June 2006, the evaluation was forwarded to the applicant for review
and comment within 30 days (Exhibit D). 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 an error or injustice. Evidence has not been presented which
would lead us to believe that the regulations in effect at the time were
not appropriately applied or that he was treated differently than others in
similar situations. Accordingly, 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 compelling basis to recommend granting the relief
sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or an injustice; the application was denied without a
personal appearance; and 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-
00665 in Executive Session on 8 August 2006, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. John E. Pettit, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 February 2006, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, JPPSO-SAT/ECAF, dated 20 June 2006.
Exhibit D. Letter, SAF/MRBR, dated 30 June 2006.
CHARLENE M. BRADLEY
Panel Chair
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