RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03447
INDEX CODE: 128.02
XXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 APR 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her Household Goods (HHG) shipment be extended after her retirement
of 1 Mar 99.
___________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of her retirement, there were a few things preventing
her move from North Carolina to Texas. Applicant’s house needed
major repairs, which was due to defects in the house when it was
built, resulting in processing of a class action lawsuit, to no
avail. Applicant eventually repaired the house in 2004.
Applicant’s spouse separated from active duty in 1992, in the
combat controller field, he was selected for a position as a
contractor, and was transferred to a new position in Texas, in
Dec 04. Applicant’s states the job allowed them to eventually make
the repairs on the house, and move to Texas without incident.
Relocating in 1999 would have been catastrophic for both her and
her family and was quite impossible.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant was honorably retired on 1 Mar 99 under the provisions of
AFI 36-3203 in the grade of technical sergeant. She completed
20 years and 19 days of active service for retirement.
___________________________________________________________________
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.
Under the provisions of paragraph U5012-I, 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 only when
circumstances prevented use within the prescribed time; must be for
the shortest time appropriate under the circumstances; not be
granted merely to accommodate personal preferences or convenience;
and must not be authorized/approved if it extends travel and
transportation allowances for more than 6 years from the date of
separation or release from active duty or retirement unless a
certified on-going medical condition prevents relocation of the
member for longer than 6 years from the separation/retirement date.
In decision B207157, 2 February 1983, the Comptroller General held
that Congress intended to retain the principle that travel after
leaving service be the result of separation/retirement from the
service, since it is not a benefit which the separated/retired
member retains until used regardless of circumstances. Travel may
not be extended for more than a total of 6 years (including the
first year after retirement) from the retirement/separation date.
The reasons cited for not relocating during the prescribed time
limit were to accommodate personal preferences or conveniences.
Additionally, she was released from active duty 28 Feb 99, more
than six years ago. Therefore, regulations prohibit extension of
her travel and transportation entitlements, regardless of the
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 1 Dec 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-2006-03447 in Executive Session on 11 January 2007, under the
provisions of AFI 36-2603:
Mr. Laurence M. Groner, Panel Chair
Mr. Todd L. Schafer, Member
Ms. Maureen B. Higgins, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Nov 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, JPPSO-SAT/ECAF, dated 22 Nov 06.
Exhibit D. Letter, SAF/MRBR, dated 1 Dec 06.
LAURENCE M. GRONER
Panel Chair
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