Comment on DOD-2009-OS-0090-DRAFT-0006

Pertaining to the section 239.6 Eligibiliy "(ii) Basis for Relocation: Permanently Reassigned Members of the Armed Forces who are reassigned or who otherwise relocate for the following reasons are not eligible for Expanded HAP benefits: (A). Members who retire prior to reaching their mandatory retirement date" When a member must relocate since no other position commencerate with their grade and specialty exists at their current locationthe Service will reassign a Service Member to another location in order to meet the best interests of their particular Service/Government. A Service Member who applies for retirement must have that retirement application approved by their Service as being in the best interest of the Service. An example of this situation is an officer completing a centralized selection list command at an installation where no other appropriate position exists for a follow-on duty. The Service Member will receive either Permanent Change of Station orders to another installation or retire. Under the logic of the Homeowners Assistance Program the financial impact on the Service Member is the same. Denying eligibility due to retiring prior to a Service Member's mandatory retirement date unfairly disadvantages these Service Members. The Service decides to approve an application for retirement as being in the best interest of that Service. If an application for retirement is denied the Service Member then must comply with PCS orders to another station or resign. Given that the best interests of the Service were served through retirement or PCS, then Service Members retiring prior to mandatory retirement must be treated equally to who PCS to another station. These personnel (PCS and retirees) are equally disadvantaged financially, and must be treated equally.