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AF | BCMR | CY2012 | BC-2012-04576
Original file (BC-2012-04576.txt) Auto-classification: Denied
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-04576

		COUNSEL:  NONE

		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her entitlement for the last move of household goods (HHG) for 
retirement be reinstated. 

________________________________________________________________

APPLICANT CONTENDS THAT:

1.  During her retirement out-processing briefing with 
AFPC/DPSIR, she explained that her husband, a Department of the 
Air Force Civilian, had an assignment for a permanent change of 
station (PCS) to Shaw Air Force Base (AFB), Sumter, South 
Carolina (SC).  They planned to move their HHG under his PCS 
orders.  She was told that she would retain her last move 
entitlement.  She was subsequently appointed as a manager at a 
company in Candler, North Carolina (NC), and started work in 
June 2011.  Although her husband was at Sumter SC, she spent 
over 300 days a year in Candler, NC.  

2.  When she contacted the Personal Property Headquarters/ECAF-B 
to extend her entitlement they stated she had lost her 
entitlement when she moved at the time of her husband’s PCS 
move.  During that move, they had transported some personal 
belongings to Candler NC, but most of her belongings are in 
Sumter SC.  She believes her last move of all her HHG and her 
last move entitlement should be reinstated.  

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

________________________________________________________________

STATEMENT OF FACTS:

According to copies of documents extracted from the Automated 
Records Management System (ARMS), the applicant is a former 
commissioned officer of the Regular Air Force who served from 
1 August 1990 through 31 August 2011, and was honorably retired 
in the grade of Lieutenant Colonel, and credited with 21 years 
and 1 month of active duty service.  

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force at Exhibit C.  

________________________________________________________________

AIR FORCE EVALUATION:

1.  PPA/ECAF recommends denial.  ECAF states the government met 
its obligation when the applicant’s property was combined with 
her spouse's and moved in the shipment from one joint residence 
to another joint residence under his order.

2.  Per Special Order AC-008877, dated 21 Apr 2011, the 
applicant was released from active duty at Lackland AFB, Texas, 
for the purpose of retirement effective 1 Sep 2011.  The 
applicant's spouse, a DoD civilian employee, was reassigned on a 
PCS from Lackland AFB, Texas to Shaw AFB, South Carolina during 
the same time period, per Special Order CP-0647, dated 
21 Mar 2011.  Incident to both the PCS and retirement, a 
shipment of HHG was affected under the DoD Civilian order, with 
a pick up from residence on 8 Jun 2011, in Texas, and a split 
delivery to residences in Sumter, South Carolina, and Candler, 
North Carolina. 

3.  On 19 Jul 2012, the applicant contacted PPA HQ/ECAF-B to 
request an extension of travel and transportation entitlement 
under her retirement order (to include shipment of HHG) for 
another year.  PPA HQ/ECAF-B reviewed the orders and denied the 
request, advising that the entitlement was utilized when the HHG 
were shipped to South Carolina and North Carolina under the 
spouse's order.

4.  Paragraph U5365 of Volume 1, Joint Federal Travel Regulation 
(JFTR), which is promulgated from Title 37, U.S. Code, advises 
that a member has one year to utilize their travel and 
transportation entitlement (to include shipment of HHG) to their 
Home of Selection (HOS) upon retirement.  An extension of the 
one year entitlement may be authorized/approved for members 
undergoing medical treatment, education or training to qualify 
for suitable civilian employment, or other deserving cases in 
which an event beyond the member's control prevents the member 
from moving to the HOS within the specified time limit.  The 
Comptroller General (CG) ruled in its Decision B-207157 dated 2 
Feb 1983 that the requirement for extensions is that the travel 
be the result of separation from service, and is not a benefit 
which the separated member retains until used, regardless of 
circumstances.  CG B-202023, dated 4 Dec 1981, advises that 
civilian employees married to members of the uniformed services 
cannot each receive an entitlement for shipment of the same HHG.  

The complete PPA/ECAF evaluation is at Exhibit C


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation (Exhibit D) was forwarded to 
the applicant on 14 Dec 2012 for review and comment within 
30 days.  To date, a response has not been received.  

________________________________________________________________

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 (OPR) and 
adopt its rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice.  
Therefore, in the absence of evidence to the contrary, we find 
no 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 this application 
in Executive Session on 27 June 2013, under the provisions of 
AFI 36-2603:

				, Panel Chair
				, Member
				, Member






The following documentary evidence was considered in AFBCMR 
Docket Number BC-2012-04576:

    Exhibit A.  DD Form 149, dated 12 Sep 2012, w/atchs.
    Exhibit B.  The Applicant’s Master Personnel Records.
    Exhibit C.  Letter, PPA/ECAF, dated 6 Dec 2012.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Dec 2012.




                                   
                                   Panel Chair


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