RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02095
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to allow travel pay from his last duty station in
Kansas to his home of selection (HOS) in Springfield, Virginia.
________________________________________________________________
APPLICANT CONTENDS THAT:
He submitted a travel pay request that was disapproved in 1967. Travel pay
is authorized from the last duty station to a HOS.
In support of his request, the applicant submits copies of AFHQ 0-123,
Retirement Order; DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge; and a copy of a newsletter.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant entered the Air Force on 5 September 1942 and was retired on 30
November 1964, in the grade of lieutenant colonel.
He served 22 years, 11 months and 14 days on active duty.
________________________________________________________________
AIR FORCE EVALUATION:
HQ USAF/A1PA recommends denial. A1PA states Title 37 U.S.C. Section 404
authorizes retired members travel and transportation from the last duty
station to the home or the place from which he/she was called or ordered to
active duty. The Joint Federal Travel Regulation (JFTR) provides that
travel to a selected home must be completed within one-year after active
duty termination. Anyone who needs to exceed the one-year limitation may
be authorized or approved an extension for a period not to exceed six years
when an unexpected event that is beyond the member’s control and prevents
the member from moving to the HOS within the specified time limit exists.
The request should be dismissed as untimely. There is no equitable basis
for remedy. In this case his travel request was disapproved in 1967. He
should have questioned the decision at that time or certainly before 2008.
There is no justification to consider his request on the merits. Beyond
the statutory bar the equitable doctrine of laches may be invoked. Based
on the facts, there was an inexcusable delay on his part to raise the issue
after 41 years and the Air Force (AF) is prejudiced in its ability to
address the issue given the passage of time and loss of records.
The complete A1PA evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded stating his household goods were moved in October
1966, which proves an extension was granted. This extension allowed him
additional time to secure employment following his retirement from the AF.
He retired in 1964 after 23 years and applied for travel pay to his HOS in
Springfield, Virginia. The request was denied and he did not realize he
could reapply. This is a clear injustice and a failure of the AF to
compensate him for his travel. He accepts the fact that had he applied
earlier it would have been better for all concerned. AF audits could have
prevented this wrongful denial of travel pay.
The complete response, with attachments, is at Exhibit D.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The application was not filed within three years after the alleged
error or injustice was discovered, or reasonably could have been
discovered, as required by Section 1552, Title 10, United States Code (10
USC 1552), and Air Force Instruction 36-2603. Thus the application is
untimely.
2. Paragraph b of 10 USC 1552 permits us, in our discretion, to excuse
untimely filing in the interest of justice. We have carefully reviewed
applicant's submission and the entire record, and we do not find a
sufficient basis to excuse the untimely filing of this application. The
applicant has not shown a plausible reason for delay in filing, and we are
not persuaded that the record raises issues of error or injustice which
require resolution on the merits at this time. Accordingly, we conclude
that it would not be in the interest of justice to excuse the untimely
filing of the application.
3. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
________________________________________________________________
DECISION OF THE BOARD:
The application was not timely filed and it would not be in the interest of
justice to waive the untimeliness. It is the decision of the Board,
therefore, to reject the application as untimely.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2008-
02095 in Executive Session on 5 November 2008, under the provisions of AFI
36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Garry G. Sauner, Member
Ms. Lea Gallogly, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 May 2008, w/atchs.
Exhibit B. Letter, USAF/A1PA, dated 2 September 2008,
w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 5 September 2008.
Exhibit D. Letter, Applicant, dated 25 September 2008.
CHARLENE M. BRADLEY
Panel Chair
AF | BCMR | CY2006 | BC-2006-02343
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). He completed 20 years of active service for retirement. ...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02201 INDEX CODE 128.02 COUNSEL: No HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: She be reimbursed for the cost of airline tickets self-procured outside the Traffic Management Office (TMO)/Contractor Travel Office (CTO) for a permanent change of station (PCS) from Dover AFB, DE to Mountain Home AFB, ID, in the amount of...
AF | BCMR | CY2014 | BC 2014 00595
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00595 COUNSEL: NONE XXXXXXXXXX HEARING DESIRED: NO APPLICANT REQUESTS THAT: He receive travel payments in conjunction with his 21 April 1967 separation from active duty to his Home of Record (HOR). The Board should find it in the interest of justice to consider his untimely application because it is an opportunity to rectify a longstanding injustice. Exhibit D. Letter,...
AF | BCMR | CY2009 | BC-2009-0175
_________________________________________________________________ APPLICANT CONTENDS THAT: From 1996 to 2009, he served several tours that were in active duty status and several while in an Air Reserve Technician (ART) status. He later learned the Joint Federal Travel Regulation (JFTR) confers eligibility to those members who were on active duty at retirement and had served on active duty for the six years leading up to the retirement date. He states he earned the military last move as the...
AF | BCMR | CY2013 | BC-2013-00556
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00556 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be reimbursed the cost of self-procured tickets for herself and two dependents for travel to her permanent change of station (PCS) assignment to Kenya via approved circuitous travel with a stopover, for leave en route, in London. A1PA states that...
AF | BCMR | CY2012 | BC-2012-01115
DOCKET NUMBER: BC-2012-01115 COUNSEL: NONE HEARING DESIRED: NO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: His retirement order be corrected to include a permanent change of station (PCS) without a change of assignment in order to utilize his one move entitlement for a temporary move to Washington state, then, to his home in South Carolina. ECAF states...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-01128 INDEX CODE: 128.09 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: She be reimbursed in full for self-procured airline ticket cost from her technical training base located in San Antonio, Texas, to her new duty assignment in Great Falls, Montana. ...
AF | BCMR | CY2008 | BC-2008-01040
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01040 INDEX CODE: 121.03 xxxxxxxxxxxxxxxxxx COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Two days of travel be paid and one day of leave be restored. The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letters prepared...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-00131 INDEX CODE: 128.09 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: She be reimbursed $558 for the cost of self-procuring commercial airline tickets from Tinker AFB, Oklahoma, to her new duty station at Maxwell AFB, Alabama. Her dependents meet the requirements established by Chapter 7, Section...
AF | BCMR | CY2009 | BC-2008-03897
AFBCMR BC-2008-03897 INDEX CODE: 137.04 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: xxxxxxxxxxxxxxxx Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as...