RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02407
		INDEX CODE:  111.02
		COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Her entitlement to a home of selection move be extended.

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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.

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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.

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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.

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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).

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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 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.

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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.

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The following members of the Board considered BC-2008-02407 in Executive Session on 14 August 2008 under the provisions of AFI 36-2603:
			Panel Chair
			Member
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.

		
		Panel Chair