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AF | BCMR | CY2009 | BC-2008-02095
Original file (BC-2008-02095.doc) Auto-classification: Denied

                            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


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