RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02343
INDEX CODE: 128.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 6 FEB 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
His transportation entitlements be reinstated to allow a final move
and shipment of his household goods (HHG).
___________________________________________________________________
APPLICANT CONTENDS THAT:
He inquired after four years about his entitlement to a final move
and shipment of his HHGs and was advised that it was too late to
make a request. He has since found that he could have requested an
extension for up to five years after retirement.
A death in the family has necessitated this move.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant was honorably retired on 1 May 01 under the provisions of
AFI 36-3203 in the grade of technical sergeant. He completed
20 years of active service for retirement.
The Air Force is governed in matters pertaining to the shipment of
household goods (HHG) for its military members by Volume 1, Joint
Federal Travel Regulation (JFTR), which is promulgated from
Title 37, US Code.
___________________________________________________________________
AIR FORCE EVALUATION:
JPPSO-SAT/ECAF recommended denial, stating, in part, the Joint
Federal Travel Regulation (JFTR) indicates a member who retires
from active duty is authorized HHG transportation from the last or
any previous duty station, from a designated place in the CONUS,
from storage or any combination thereof, to the member’s home of
selection (HOS). Except for member undergoing hospitalization,
medical treatment, education or training, or in other deserving
cases, the HHG must be turned over for transportation within 1 year
following termination of active duty.
Applicant was relieved from active duty effective 30 Apr 01 and his
entitlement to move his HHG at government expense expired
30 Apr 02. He did not provide any circumstances that were beyond
his control which prevented him from relocating within the
prescribed time limit. In Decision B207157, dated 2 Feb 83, the
Comptroller General held that the primary requirement for travel be
the result of separation/retirement from service, since it is not a
benefit that the separated/retired member retains until used
regardless of circumstances.
The JPSSO-SAT/ECAF complete 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 8 Sep 06 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
___________________________________________________________________
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. We took notice of
the applicant's complete submission in judging the merits of the
case; however, we agree with the opinion and recommendation of the
JPSSO-SAT/ECAF office and adopt their rationale as the basis for
our conclusion that the applicant 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-2006-02343 in Executive Session on 17 October 2006, under the
provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. LeLoy W. Cottrell, Member
Ms. Patricia R. Collins, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Aug 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, JPPSO-SAT/ECAF, dated 31 Aug 06.
Exhibit D. Letter, SAF/MRBR, dated 8 Sep 06.
CHARLENE M. BRADLEY
Panel Chair
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