RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04579 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be granted an extension of the one year time limitation for travel and transportation entitlement associated with his retirement. ________________________________________________________________ APPLICANT CONTENDS THAT: He could not move before the established Air Force deadline because of his spouse’s illness. He was told to just call whenever he was ready to move. He is only asking for what is due to him after sacrificing twenty plus years of honorable service. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 30 June 1999, the applicant was relieved from active duty and retired in the grade of technical sergeant (E-6), effective 1 July 1999. He was credited with 20 years and 2 days of total active service. On 18 July 2012, the applicant requested an extension to the length of time authorized to relocate because his spouse’s prognosis improved and is now able to move. On 24 July 2012, PPA HQ/ECAF-B notified the applicant that his current situation did not meet the criteria for a travel and transportation entitlement extension. On 28 August 2012, the applicant was advised that an extension request for travel and transportation entitlement more than six years after the date of his retirement could not be approved. Extension request are to be requested each year from the date of retirement and he had only made one request. Even if he had applied and been approved for extensions on a yearly basis, the latest extension he could qualify for would have expired on 30 June 2005. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is attached at Exhibits C. ________________________________________________________________ AIR FORCE EVALUATION: PPA HQ/ECAF recommends denial, indicating the Joint Federal Travel Regulation (JFTR) is very specific in advising that, except for a member’s medical condition, the maximum time limit for utilizing retirement entitlements is six years. JFTR, Volume 1, Paragraph U5012-I, indicates that an extension must not be authorized/approved if it extends travel and transportation allowances for more than six years from the date of retirement, unless a member’s certified on-going medical condition prevents relocation of the member for more than six years from the retirement date. An extension for any other reason (other deserving case) may not be for more than six years from the date of retirement. The applicant has exceeded that time limit by an additional seven years, which does not meet the intent of the JFTR and pertinent Comptroller General decision. Based on the effective date of the applicant’s retirement date of 1 July 1999, the maximum number of extensions allowed would have only resulted in an extension until 30 June 2005. A complete copy of the PPA HQ/ECAF evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates his argument that his spouse has been undergoing treatment from the year 2000 until recently for a severe illness, which prevented her from relocating. A complete copy of the applicant’s response is at Exhibit E. ________________________________________________________________ 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 an error or injustice. We took notice of the applicant’s complete submission, including his rebuttal response, 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 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 the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2012-04579 in Executive Session on 8 August 2013, under the provisions of AFI 36-2603: Vice Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 September 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, PPA HQ/ECAF, dated 2 January 2013. Exhibit D. Letter, SAF/MRBR, dated 11 January 2013. Exhibit E. Letter, Applicant, dated 18 July 2012.