RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00445
            INDEX CODE: 128.00

            COUNSEL:  None

            HEARING DESIRED:  No


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APPLICANT REQUESTS THAT:

The debt of $1,023.72 incurred as a result of a Permanent Change of  Station
(PCS) be waived.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He made the initial PCS to Elmendorf AFB, Alaska as an airman (E-3) and  was
allowed 2,000 pounds by the JFTR.  At that time, he was living off  base  at
Tinker AFB but because of the housing situation and certain  regulations  at
Elmendorf AFB, he was required to live in  the  dorms  once  he  arrived  in
Alaska.  If he remembers correctly, because it was  considered  an  overseas
assignment and the  fact  he  was  unaccompanied,  he  was  only  allowed  a
percentage of that 2,000 pounds to actually take with him.   What  he  chose
to do instead (because he knew he was  probably  slightly  over  the  weight
limit) was to take with him only those goods he could fit in his  truck  and
neither do a partial PCS nor a ditty move so he could have  the  full  2,000
pounds in storage.  When he arrived at  Elmendorf  AFB  he  received  income
only for his travel days and none associated with  his  goods.   On  16  May
1995, he was promoted to senior airman (E-4).   In  February  1997,  he  was
granted permission to move off base at Elmendorf AFB.  He specifically  went
to the Traffic Management Office (TMO) and  asked  the  important  questions
about weight and would it be better if he waited until he was married,  etc.
 No one ever stated that this weight  restriction  would  be  based  on  his
original orders.  Finance, at that time, amended his  orders  and  gave  him
full JFTR based on his rank of E-4.  After all that he  had  been  told,  he
felt confident that his weight of 2,546 pounds would be well under  his  new
limit.

In support of the  appeal,  applicant  submits  AF  Form  899,  Request  and
Authorization for Permanent  Change  of  Station  -  Military;  Request  and
Authorization for Change of Administrative Orders;
Application for Shipment and/or Storage of Personal Property; letter,  ECAF-
B,  dated  23  May  96;  Government   Bill   of   Lading;   Pay   Adjustment
Authorization; Applicant’s letter, dated 19 Dec 98; and letter, ECAF,  dated
9 Feb 99.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Per Special Order A-0668, dated 1 February 1995,  as  amended  by  Order  A-
0831, dated 6 March 1995, the applicant made a PCS move from Tinker AFB,  OK
to Elmendorf AFB, AK.  In conjunction with  his  PCS,  he  placed  household
goods (HHG) in nontemporary storage (NTS) for the duration of  his  overseas
tour.  He was informed the storage weight  exceeded  his  authorized  weight
allowance of 2,000 pounds.  He was  given  the  option  of  paying  for  all
origin services and storage costs for the length of his  tour  or  to  defer
payment of origin service and storage costs until the property was  released
from storage or continued in storage under a new set of orders.

Under Government Bill of Lading (GBL) YP-442,139, his household goods  moved
from Oklahoma to Alaska, with a net weight of 2,829 pounds.   Applicant  was
billed $1,023.72 for exceeding his  authorized  weight  allowance  of  2,000
pounds.

Applicant filed a rebuttal of the charges and the Excess  Cost  Adjudication
Function (ECAF) reviewed the case and determined the excess cost charges  in
the amount of $1,023.72 were correct.  They stated that on  13  April  1995,
the member placed HHG into NTS at Tinker AFB, OK for  the  duration  of  his
overseas tour.  Approximately two years later,  using  the  same  orders  as
authority for shipment, he requested release of the NTS lot for shipment  to
Alaska.  ECAF cited paragraph U5380-D, JFTR, which states NTS at origin  may
be converted to temporary storage at  the  member’s  request;  however,  any
storage costs accruing for periods in excess of 180 days  are  the  member’s
responsibility.  They went on to say the  member’s  proportionate  share  of
the NTS costs (including packing, drayage,  handling-in,  handling-out,  and
six months storage), based on 358 excess  pounds  stored,  is  $79.66.   His
share of the  shipment  costs,  based  on  607  excess  pounds  shipped,  is
$724.76, and the cost for storage in excess of 180 days  is  $219.30  for  a
total indebtedness of $1,023.72.

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AIR FORCE EVALUATION:

The Chief, Plans and Operations Div, JPPSO, reviewed  this  application  and
states that according to Special Order A-0668, dated  1  February  1995,  at
the time of his PCS, the applicant was
an E-3, had no dependents and he served an unaccompanied tour  at  Elmendorf
AFB, AK.  On 19 February 1997, the original order  was  amended  authorizing
the member to move off base and granting him  full  JFTR  weight  allowance.
Per paragraph U5310-B, the full JFTR weight allowance for  an  E-3,  without
dependents, is 2,000 pounds.  Paragraph U5330-B,  JFTR,  provides  that  the
entitlement  to  HHG  transportation  accrues  and  becomes  fixed  on   the
effective date of PCS orders.  The member’s effective  date  of  orders  was
May 1995.  Thus, his promotion to E-4 in June 1995 and acquiring  dependents
in May 1997 had no effect on his weight authorization from  Tinker  AFB,  OK
to Elmendorf AFB, AK in May 1995.  Per orders directing his PCS, the  member
served an unaccompanied tour.  He acquired dependents while  at  the  OCONUS
duty station vice having sponsored dependents.  Appendix  A,  JFTR,  defines
acquired dependents as, a dependent acquired through marriage, adoption,  or
other action during the course of the current  tour  of  assigned  duty.   A
command sponsored dependent is a dependent residing  with  a  member  at  an
OCONUS location where an accompanied-by-dependents tour is  authorized,  the
member is authorized to serve that tour, and the dependent was  eligible  to
travel to the member’s Permanent Duty Station  (PDS)  incident  to  the  PCS
orders  (Except  for  acquired  dependents  and  children  born  after   the
effective  date  of  PCS  orders).   The  applicant  has  not  provided  any
information to support a probable error or an injustice.   At  the  time  of
his PCS, he was an E-3 without dependents.  The orders state he would  serve
an unaccompanied tour.  Thus, he was limited to  a  maximum  of  500  pounds
unaccompanied baggage by air or 700 pounds  by  surface.   The  orders  were
later amended to authorize him full JFTR  weight  allowance.   He  was  then
credited with  a  weight  authorization  of  2,000  pounds.   Promotion  and
acquisition of dependents after  the  effective  date  of  orders  does  not
effect the transportation entitlements until the subsequent PCS.   Based  on
the evidence provided, they recommend denial of applicant's request.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 June 1999, a copy of the Air Force evaluation  was  forwarded  to  the
applicant for review and response 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 timely filed.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error or injustice.  Applicant’s contentions are  duly
noted; however, we agree with the opinion  and  recommendation  of  the  Air
Force and adopt their rationale as the basis for  our  conclusion  that  the
applicant has not been the victim of  an  error  or  injustice.   The  Board
notes that at the time of  his  PCS,  the  applicant  was  an  E-3,  had  no
dependents and he served an unaccompanied tour at Elmendorf  AFB,  AK.   His
acquiring dependents in May 1997, more than two years after his PCS, had  no
effect on his authorized weight allowance of 2,000 pounds from  Tinker  AFB,
OK to Elmendorf AFB, AK in May 1995.  Therefore, in the absence of  evidence
to the contrary, we find no  compelling  basis  to  recommend  granting  the
relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 9 November 1999, under the provisions of AFI 36-2603:

      Mr. Terry A. Yonkers, Panel Chair
      Mr. Lawrence R. Leehy, Member
      Ms. Leta L. O’Connor, Member
      Ms. Gloria J. Williams, Examiner (without vote)

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 11 Feb 99, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, JPPSO, dated 27 May 99.
      Exhibit D. Letter, AFBCMR, dated 14 Jun 99.




                             TERRY A. YONKERS
                             Panel Chair