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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