RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01751
INDEX CODE: 128.00
COUNSEL: NONE
HEARING DESIRED: NO
______________________________________________________________
APPLICANT REQUESTS THAT:
His entitlement to a “military last move” be reinstated.
_________________________________________________________________
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.
During this time, he completed over 20 years of active duty towards a
length of service retirement under Title 10 United States Code (U.S.C.),
Chapter 8911. His retirement was effective 1 June 2009. Upon learning
of his retirement eligibility, he requested a military last move that
would enable him to retire and move to San Antonio, TX. 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 was in an
ART status for the tour of duty prior to his retirement. He states he
earned the military last move as the last time he served on active duty;
he served for 6 years, 3 months and 14 days. He believes fairness
requires the Air Force honor an entitlement he clearly earned.
In support of his appeal, the applicant provides copies of his DD Form
214, Certificate of Release or Discharge from Active Duty, email
correspondence between him and the HQ AFRC Comptroller, and several
Special and Reserve orders.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
In 1996, the applicant was an ART when he accepted an active duty tour.
He remained on active duty until 2002, when he converted in place; his
active duty position became an ART position. He remained in an ART
status through 2006 and eventually retired effective 1 Jun 09.
In accordance with 37 U.S.C. 404 (1)(B) and JFTR U5130(A)(1)(b), a member
is authorized travel and transportation allowances to a home selected by
the member from the last Permanent Duty Station when the member is
retired with pay or any other reason immediately following at least eight
years of continuous active duty with no single break therein of more than
90 days.
_________________________________________________________________
AIR FORCE EVALUATION:
USAF/A1PA recommends denial. A1PA notes that under the law, there is no
basis for the entitlement of a military last move nor is there an error
or injustice that justifies granting one. At a minimum, while he did
serve over six years of active duty, he did not serve eight years of
continuous active duty with no single break of 90 days or less.
A1PA’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 2
Jul 09 for review and comment within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
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 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 Air Force
office of primary responsibility and adopt its rationale as the basis
for our conclusion that the applicant has not been the victim of an
error or injustice. He simply does not qualify for a military last
move under law or regulation. 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-
2009-01751 in Executive Session on 20 October 2009, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Apr 09, w/atchs.
Exhibit B. Letter, USAF/A1PA, dated 25 Jun 09, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 2 Jul 09.
Panel Chair
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