RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2004-02012
		INDEX CODE 128.14
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His transportation entitlements on retirement to move his family and household goods (HHG), which expired in Jun 02, be extended.

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APPLICANT CONTENDS THAT:

He did not realize there was a time limit to this retirement endowment and until now the need never existed to use this privilege. He never exercised the option to move. He is now working at Peterson AFB and needs the privilege to move his family to CO or encounter an extreme financial hardship.  

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

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STATEMENT OF FACTS:

The Air Force is governed in matters pertaining to the shipment of HHG for its military members by volume 1, Joint Federal Travel Regulations (JFTR), which is promulgated from Title 37, USC.  

In accordance with JFTR paragraph U5365-A, a member who retires from active duty is authorized HHG transportation from the last or any previous permanent duty station, from a designated place in CONUS, from storage, or any combination thereof, to the member’s home of selection.  Except for members undergoing hospitalization, medical treatment, education or training, or in other deserving cases, the HHG must be turned over for transportation within one year following the termination of active duty. 

Per JFTR paragraph U5012-I, a written time extension that includes an explanation of circumstances justifying the extension may: 1) be authorized/approved for a specific additional time period using the Secretarial Process; 2) be authorized or approved only when circumstances prevent use within the prescribed time, and must be for the shortest time appropriate under the circumstances; 3) not be granted merely to accommodate personal preferences or conveniences (DoD/CG #99-1); and 4) not be authorized/approved if it extends travel and transportation allowances for more than six years from the date of separation or release from active duty or retirement, unless a certified on-going medical condition prevents relocation of the member for longer than six years from the separation/retirement date.

In decision B207157, dated 2 Feb 83, the Comptroller General held, “The primary requirement is that the travel be the result of separation/retirement from the service, since it is not a benefit which the separated/retired member retains until used regardless of circumstances.”

On 1 Jun 96, the applicant retired in the grade of major after 21 years, 7 months and 15 days of active service.  He had until 31 May 97 to relocate to a home of selection.  If a six-year extension had been applied for and approved, it also would have expired on 31 May 2002.

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AIR FORCE EVALUATION:

The Joint Personal Property Shipping Office (JPPSO), ECAF, indicates that, notwithstanding the applicant’s statement he did not understand there was a time limit in which to use his relocation entitlements, regulations require members retiring from active duty to sign and receive a copy of AF Form 2473, Home of Selection Travel and Transportation Entitlements. AF Form 2473 lists the date the member must complete travel to the home of selection and also informs him/her how to request an extension of the basic one year time limit should it become necessary.  The applicant retired from active duty on 1 Jun 96 and had until 31 May 97 to relocate to a home of selection.  He did not provide any evidence to support an error or an injustice that caused him not to relocate within the authorized time period.  Therefore, denial is recommended.

A complete copy of the evaluation, with attachment, is at Exhibit B.

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APPLICANT'S REVIEW OF JPPSO/ECAF EVALUATION:

A complete copy of the JPPSO/ECAF evaluation was forwarded to the applicant on 23 Jul 04 for review and comment within 30 days.  The applicant did not respond to this office; however, he apparently discussed his case with the AFBCMR intake office at Randolph AFB. His letter to the intake office, dated 16 Jul 04, was forwarded to the AFBCMR Staff. 

The applicant’s letter indicates the AFBCMR intake office told him that, if he were to move himself and if the Board favorably approved his case, the government would reimburse him for his move.  The applicant advises he is renting trucks to move his HHG in AL to a storage location in Colorado Springs and then to his house when it is ready. The approximate cost of this self-help move using trucks, fuel and storage is $3,500 to $4,000.  He asserts that three estimates from moving companies to move his HHG to CO averaged over $12,000.  Reimbursement of his costs to move himself would greatly assist his move to his new home.  He realizes the window of opportunity to use his relocation benefit may have expired but he did not use this privilege before.

A complete copy of applicant’s response is at Exhibit E.

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THE BOARD CONCLUDES THAT:

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

2.	The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded the government should pay for his relocation expenses.  In this regard, statutory and Comptroller General constraints preclude extending the applicant’s HHG benefit, which first expired on 31 May 97 and again, if extended, on 31 May 02.  As pointed out in the Comptroller General 1983 decision, this travel benefit is the result of separation or retirement from the service; it is not a benefit members retain until used, regardless of circumstances.  Further, retiring members sign and receive an AF Form 2473 that indicates the benefit’s expiration date and how to request an extension of the basic one-year time limit.  The applicant was not prevented from using the benefit within the authorized time period and we fail to see how the government should be held culpable in this case.  Reimbursing the applicant for his decision to move eight years after his retirement would be an unprecedented form of relief not afforded others who relocate after their benefit has expired.  The applicant has not shown he has been the victim of error or injustice or has been treated any differently under the law than others similarly situated.  In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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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.

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The following members of the Board considered this application in Executive Session on 21 October 2004 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2004-02012 was considered:

   Exhibit A.  DD Form 149, dated 18 Jun 04, w/atchs.
   Exhibit B.  Letter, JPPSO/ECAF, dated 14 Jul 04, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 23 Jul 04.