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AF | BCMR | CY2009 | BC-2008-02407
Original file (BC-2008-02407.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02407
            INDEX CODE:  111.02
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

Her entitlement to a home of selection move be extended.

________________________________________________________________

APPLICANT CONTENDS THAT:

She understands there are a maximum  of  five  extensions  authorized  for
movement of household goods at government expense.  She  is  requesting  a
waiver of policy to allow her further extensions until the resolution of a
civil case surrounding the death of her son which occurred weeks prior  to
her retirement.  Her son was killed by a drunk driver at the  age  of  18.
Her only living child is his younger brother, who recently  completed  his
first year of college.  Due to the trauma  her  family  is  still  dealing
with, her son elected to go to college in  XXXXXXX  to  be  close  to  his
parents.  It was never her intention to  settle  permanently  in  XXXXXXX.
She was relocated there after the closure of Reese Air Force Base (AFB) in
1997.  She moved into her current home because housing was  not  available
on Randolph AFB.  After her two year tour, she  thought  she  was  leaving
XXXXXXX; however, the best job in meeting the needs of the Air  Force  and
utilizing her master’s degree was to be assigned to Wilford  Hall  Medical
Center at Lackland AFB.  She was told she was authorized a move as it  was
a permanent change of station (PCS); however, she felt it was a  waste  of
government funds.  She elected to stay in her home.  She retired with  the
intention of staying in her current home until her youngest son  graduated
from high school.  Her initial intention was to move as  far  as  possible
from XXXXXXX due to the memories being so painful.  However, her  youngest
son was so shaken by the death of his older brother he  did  not  want  to
deal with the change of a new location.  She is currently in the middle of
a civil case dealing with the bar in which the drunk driver consumed  over
three times the legal limit of alcohol.

In support of her request, the applicant provided an email communiqué.

Her complete submission, with attachment, is at Exhibit A.

________________________________________________________________


STATEMENT OF FACTS:

The applicant was commissioned in the Regular Air  Force  on  18 July  1976.
On 1 September 2002 she retired in the grade of colonel.

________________________________________________________________

AIR FORCE EVALUATION:


AFPC/DPSIA recommends denial.  DPSIA states military personnel are entitled
to one move at government expense to a home of selection for one year after
retirement.   The  law  provides  for  the  possibility  of  extending  the
entitlement beyond the one year point, based on conditions  beyond  control
of  the  retiree.    The   law   also   states   requests   will   not   be
authorized/approved if it extends travel and transportation allowances  for
more than six years from the date of separation,  unless  a  certified  on-
going medical condition prevents relocation of the member for  longer  than
six years from the separation/retirement date.  DPSIA recognizes the tragic
loss of her son and  offers  their  sincere  condolences.   However,  DPSIA
cannot find any authority within the law that allows  them  to  extend  her
entitlement beyond six years from her retirement date.  Her entitlement  to
move may be utilized if she initiates relocation action prior to 31  August
2008.  There is no evidence of Air Force error in this case.


The complete DPSIA evaluation, with attachment, is at Exhibit B.

________________________________________________________________

A copy of the Air Force evaluation was forwarded to  the  applicant  on  27
June 2008 for review and comment within 30 days.  As  of  this  date,  this
office has received no response (Exhibit C).

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error  or  injustice.   We  took  careful  notice  of  the
applicant's complete  submission  in  judging  the  merits  of  the  case;
however, 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, there is no basis in law to  extend  the  entitlement
beyond six years.  Should the applicant provide  documentation  certifying
an on-going medical condition exists preventing her relocation,  we  would
be willing to reconsider her request.  Absent evidence to the contrary, we
regretfully find no compelling basis  to  recommend  granting  the  relief
sought in this application.

4.  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.

________________________________________________________________

RECOMMENDATION OF THE BOARD:

The applicant be notified that the evidence presented did not  demonstrate
the existence of 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 BC-2008-02407  in  Executive
Session on 14 August 2008 under the provisions of AFI 36-2603:
                 Ms.  B. J. White-Olson, Panel Chair
                 Ms.  Janet I. Hassan, Member
                 Ms.  Teri G. Spoutz, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 June 2008, w/atch.
   Exhibit B.  Letter AFPC/DPSIA, dated 26 June 2008, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 27 June 2008.




            B. J. WHITE-OLSON
            Panel Chair

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