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AF | BCMR | CY1999 | 9802458
Original file (9802458.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02458
            INDEX CODE: 128.00

            COUNSEL:  NONE

            HEARING DESIRED: NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Air Force pay for the shipment of  unaccompanied  baggage  (UB)  to  the
Continental United States (CONUS).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force.   Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Joint  Personal  Property  Shipping   Office,   JPPSO,   reviewed   the
application and  states  that  the  applicant  acquired  dependents  through
marriage while assigned to Ramstein AB, GE.  However,  his  spouse  was  not
command  sponsored.   Appendix  A,  JFTR,  defines   non-command   sponsored
dependents as dependents residing with the member at an Outside  Continental
United States (OCONUS) location  where  the  accompanied-by-dependents  tour
may or may not be authorized, and who aren’t entitled to travel to and  from
the member’s OCONUS duty station at Government expense nor do  they  entitle
the member to station allowances  at  the  “with  dependents”  rate.   These
dependents may be “acquired dependents” or
“individually sponsored by the member” into the command without  endorsement
of the appropriate authority.  Shipment  of  UB  for  non-command  sponsored
dependents  is  not  authorized.   However,  since  the  applicant  acquired
dependents prior to the effective date of his orders, he was authorized  the
shipment of HHG at the with dependents weight allowance,  5,000  pounds  for
an airman first class (A1C).  Thus, the Government  paid  to  transport  HHG
back from overseas for the applicant and his spouse.  The applicant did  not
incur excess cost due to insufficient  HHG  weight  allowance.   The  excess
cost charges arose from the member exceeding the  authorized  UB  allowance.
As reflected on the DD Form 1299, Application for  Shipment  and/or  Storage
of Personal Property, the applicant was authorized to ship  500  pounds  via
premium transportation (air).  The UB shipment had a  net  weight  of  1,146
pounds.  Since the applicant’s spouse could have requested shipment  of  350
pounds by air under  Special  Order  AE-160,  they  recommend  the  shipment
weight and related charges be reduced accordingly.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 14 December 1998, for review and response.  As of this date, no  response
has been received by this office.

_________________________________________________________________

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 probable error or injustice  warranting  the  full  payment  of
unaccompanied  baggage  (UB).   The  record  indicates  the  applicant   was
authorized to ship 500 pounds unaccompanied baggage (UB)  and  4,500  pounds
household good (HHG) from Ramstein  AB  to  Moody  AFB.   He  shipped  1,146
pounds UB and 2,736 pounds HHG.  Therefore, the  excess  cost  charges  were
due to the applicant exceeding the authorized UB allowance  of  500  pounds.
However, the Board notes that the  applicant’s  spouse,  was  authorized  by
Special Order AE-160, travel and transportation entitlements  to  Kalamazoo,
MI.  It appears the applicant’s wife did not request travel and shipment  of
HHG to Kalamazoo, MI under
Special Order AE-160  as  the  ex-spouse  of  her  former  husband  but  she
remained in OCONUS and became the spouse of the applicant.  In view  of  the
foregoing, we agree with JPPSO that since the applicant’s spouse could  have
requested shipment of 350 pounds by air under Special Order  AE-160  as  the
ex-spouse of another member, the shipment weight and related charges  should
be reduced accordingly.  Therefore, we recommend the applicant's records  be
corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that  the  excess  weight  shipped  under
Government Bill of Lading VP-438,834, dated 16 June 1994,  was  201  pounds,
rather than 590 pounds  and  the  corresponding  excess  cost  charges  were
$435.71, rather than $1,278.96.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 30 March 1999, under the provisions of AFI 36-2603:

              Ms. Martha Maust, Panel Chair
              Ms. Sophie A. Clark, Member
              Dr. Gerald B. Kauvar, Member
              Ms. Gloria J. Williams, Examiner (without vote)

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 4 August 1998, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, JPPSO, dated 30 November 1998.
   Exhibit D.  Letter, AFBCMR, dated 14 December 1998.





                                   MARTHA MAUST
                                   Panel Chair


AFBCMR 98-02458




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to    , be corrected to show that the excess weight shipped under
Government Bill of Lading VP-438,834, dated 16 June 1994, was 201 pounds,
rather than 490 pounds, and the corresponding excess cost charges were
$435.71, rather than $1,278.96.





                                                                    JOE G.
LINEBERGER

Director
                                                                    Air
Force Review Boards Agency

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