RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02069
		INDEX CODE:  100.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

She be considered for entitlement to shipment of household goods (HHG) at the governments expense.

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APPLICANT CONTENDS THAT:

She separated form the regular Air Force on 15 October 1999 as she was approved for a quick turn Palace Chase assignment with the XXXXX Air National Guard (XXANG).  Due to circumstances beyond her control (selling her home), she was not able to affect a move at the time of her separation.  On 6 March 2000, she requested her entitlements be extended a few months to allow her more time to schedule the pickup of her HHG.  Her shipping entitlement was extended to 14 October 2000.  Due to the negligence of her realtor, she was not able to sell her home.  Consequently, she did not use her HHG shipping entitlement within the allotted time to do so.  After filing an official complaint, she ceased trying to sell the home and still resides there today.

In support of her appeal, the applicant has provided a personal statement and copies of her separation paperwork, paperwork on HHG extension requests, her DD Form 214’s, Certificate of Release or Discharge from Active Duty, the complaint against her realtor, and several special orders ordering her to annual training duty and mobilization for Operation Enduring Freedom.

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

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STATEMENT OF FACTS:

The applicant, a current member of the XXANG, was separated from active duty on 15 October 1999 under the Palace Chase program.  She was not able to use her HHG shipping entitlement during the allotted time and requested an extension.  Her extension of entitlement was granted and she was given until 14 October 2000 to use the entitlement.  She did not do so.

AIR FORCE EVALUATION:

JPPSO-SAT/ECAF recommends denial.  JPPSO-SAT/ECAF notes that entitlement to HHG shipping terminates on the 181st day following separation from the service unless a written application for HHG is submitted to the proper authority prior to the 180th day of eligibility.  The extension may be authorized/approved only when circumstances prevent use within the prescribed time; and must be for shortest time appropriate under the circumstances; and not be granted merely to accommodate personal preferences or convenience.  JPPSO-SAT/ECAF notes she was separated on 15 October 1999, her authorization to travel and shipment of HHG at government expense were to expire 13 April 2000.  On 6 March 2000, her entitlements were extended, at her request, until 14 October 2000.  She chose not to ship the HHG during the extended period.

JPPSO-SAT/ECAF’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 August 2004 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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.  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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  It appears she asked for and was granted an extention to her eligibility to ship her HHG’s; however, she did not exercise her right within the allotted time frame.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 AFBCMR Docket Number BC-2004-02069 in Executive Session on 28 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jun 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, JPPSO-SAT/ECAF, dated 27 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Aug 04.