Search Decisions

Decision Text

AF | BCMR | CY1999 | 9901018
Original file (9901018.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  99-01018
                                        INDEX CODE 128.10
                                        COUNSEL:  None

                                        HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be absolved of all liability or financial  obligation  to  the  Air
Force or the US Government incurred for the shipment of his  household
goods (HHG).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He had been told he was not overweight in  his  HHG  shipment.  He  is
surprised to be contacted about a debt from a move that occurred  over
three years ago. He contends he was not  overweight  because  he  sold
many things prior to the move, did not make any major purchases during
his [last] duty assignment, and  there  were  problems  regarding  the
shipments and inventories of his HHG.

Applicant’s submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The Air Force’s shipment of its members’ HHG is governed by Volume  I,
Joint Federal Travel Regulations (JFTR),  which  is  promulgated  from
Title 37, USC.   In  accordance  with  the  JFTR,  the  applicant  was
authorized to ship a maximum of 17,500 pounds of personnel property at
Government expense. Because his net weight was originally  thought  to
be 22,500 and was reduced to 20,410,  his  excess  cost  charges  were
reduced from $479.98 to $347.29. In their advisory  (Exhibit  B),  the
Joint  Personal  Property  Shipping  Office  (JPPSO)  recommends   the
applicant’s HHG weight be further reduced to 19,980, which would leave
2,480 over the maximum JFTR allowance.

Greater detail and relevant  facts  pertaining  to  this  application,
extracted from the applicant's military records, are contained in  the
letter prepared by JPPSO and its attachments.  Accordingly,  there  is
no need to recite these facts in this Record of Proceedings.

_________________________________________________________________

JPPSO EVALUATION:

The Director, JPPSO-San Antonio, reviewed  the  application,  provides
pertinent documents and explains  the  circumstances  surrounding  the
applicant’s move. The Director provides his rationale for recommending
partial relief, i.e., the applicant’s records  should  be  changed  to
state the official shipment weight would be based on the origin weight
of 19,980, which may have included the overflow portion at the time of
weighing.

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

APPLICANT'S REVIEW OF DFAS EVALUATION:

A complete copy of the DFAS evaluation was forwarded to the  applicant
on 21 June 1999, for review and comment.  As of this date, this office
has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the  existence  of  probable  error  or  injustice.  After  thoroughly
examining the  confusing  circumstances  surrounding  the  applicant’s
move, it appears that, at the very least, the overflow portion of  the
applicant’s HHG was added twice to the main portion of  the  shipment.
Further, considering the numerous deliveries and erroneous charges  by
the carrier, we are uncertain whether the applicant’s goods  were,  in
fact, overweight to begin with. In order to offset the possibility  of
an injustice, we believe  that  any  doubt  in  this  case  should  be
resolved in favor of the applicant.  Therefore, we recommend that  his
records be corrected to reflect that his HHG were not overweight  and,
as a result, he did not incur a debt.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that Special Order No. AC-
016065, dated 18 May 1994, be amended to reflect his  household  goods
shipping entitlement was $11,579.76.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 4 November 1999, under the provisions of AFI  36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Gregory H. Petkoff, Member
                  Ms. Melinda J. Loftin, Member

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

   Exhibit A.  DD Form 149, dated 14 Apr 98, w/atchs.
   Exhibit B.  Letter, JPPSO, dated 25 May 99, w/atchs.
   Exhibit C.  Letter, AFBCMR, dated 21 Jun 99.




                                   RICHARD A. PETERSON
                                   Panel Chair




AFBCMR 99-01018




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
Special Order No. AC-016065, dated 18 May 1994, be amended to reflect
his household goods shipping entitlement was $11,579.76.




                                             JOE G. LINEBERGER
                                             Director
                                             Air Force Review Boards
Agency

Similar Decisions

  • AF | BCMR | CY2004 | BC-2004-02466

    Original file (BC-2004-02466.doc) Auto-classification: Denied

    Applicant’s HHGs have been in storage since May 95. However, the Air Force paid the fees associated with this error for over two years. Subsequently, the applicant was placed on notice the responsibility for payment of storage fees on his household goods was his.

  • AF | BCMR | CY2001 | 0002777

    Original file (0002777.doc) Auto-classification: Approved

    Therefore, at the time of his PCS the member’s weight allowance for the shipping of HHGs was 4,225 pounds, plus 1,100 pounds of UB. There has been no evidence submitted to show that he informed the destination site that his shipment exceeded the weight allowed for the shipping of his HHGs, nor did he request to have his shipment reweighed. A complete copy of the Air Force evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S...

  • AF | BCMR | CY1999 | 9901319

    Original file (9901319.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-01319 INDEX CODE: 128 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He receive a remission of indebtedness of the excess weight of household goods (HHG) shipment. At no time did anyone from TMO explain to his wife that the maximum weight for the household goods was 9,000 pounds. As of this date, no...

  • AF | BCMR | CY2011 | BC-2011-02107

    Original file (BC-2011-02107.txt) Auto-classification: Approved

    The applicant questioned the TMO regarding exceeding his weight allowance since his previous PCS shipment was not in excess of the allowance, as he had not received a notification of excess cost for the move. The applicant was informed that he may have exceeded his HHGs weight allowance and could have requested the shipment be reweighed at that time. After a thorough review of the evidence of record and the applicant’s complete submission, we are persuaded the failure to timely notify the...

  • AF | BCMR | CY2001 | 0101537

    Original file (0101537.doc) Auto-classification: Approved

    According to JPPSO, the applicant’s HHG shipment exceeded the maximum authorized weight allowance and in accordance with paragraph U5340, JFTR, she is liable for all transportation costs arising from transportation of HHG in excess of the authorized allowance. The evidence of record indicates that the applicant, after the death of her husband, a former service member, shipped HHG from Virginia to Colorado with a net weight of 29,200 pounds, including 3,057 pounds for the shipment of a POV. ...

  • AF | BCMR | CY2005 | BC-2005-00115

    Original file (BC-2005-00115.DOC) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00115 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO Mandatory Case Completion Date: 11 Jul 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His indebtedness to the government as a result of the excess weight of his household goods (HHG) shipment be eliminated and he be reimbursed the monies collected. In support of his request,...

  • AF | BCMR | CY2000 | 0000902

    Original file (0000902.doc) Auto-classification: Approved

    Using the cube rule, ECAF increased the weight for professional books, papers, and equipment (PBP&G), from 50 pounds to 960 pounds for the unaccompanied baggage (UB) shipment and credited 457 pounds for missing and irreparably damaged items for the household goods (HHG) shipment that moved from Germany to England. JPPSO/CC indicates the applicant submitted an amendment to his original application in which he states he made another PCS move from England back to Germany and he was not...

  • AF | BCMR | CY2003 | BC-2003-01038

    Original file (BC-2003-01038.doc) Auto-classification: Approved

    When he sent in his rebuttal to the excess costs, the only response he received was an increase in his total debt from $1364.09 to $1452.91 for shipment of a desk with his professional gear. _________________________________________________________________ AIR FORCE EVALUATION: JPPSO/ECAF recommends that the excess cost charges associated with shipment of the applicant’s household goods be reduced from $1452.91 to $942.26. After a complete review of the evidence of record, we believe that...

  • AF | BCMR | CY1998 | 9600580

    Original file (9600580.pdf) Auto-classification: Denied

    Thus, once the applicant's HHG shipment departed Germany, there was no opportunity to divert the shipment until it arrived at the port of Long Beach. VP-119,872 with a net weight of 13,364 pound was charged a total of $969.00 for excess di ore of Abilene TX Loma Linda CA vice the authorized destination he ade c. After arriving in'the US,-traveled to Tulsa OK. On 1 June 1994, he visited the Traffic Management Office (TMO) at Dyess AFB TX and requested the HHG shipment that was en route to...

  • AF | BCMR | CY2003 | BC-2003-01823

    Original file (BC-2003-01823.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01823 INDEX CODE: 128.02 XXXXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The excess unaccompanied baggage (UB) costs for shipment of his household goods (HHG) be corrected to eliminate costs of professional books, papers, and equipment (PBP&E) and the remaining excess costs...