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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.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his household goods shipment, he was stationed overseas
at Incirlik Air Base, Turkey serving an unaccompanied tour.  His  wife
was left to  contact  the  Traffic  Management  Office  (TMO)  to  get
assistance with the move.  At no time did anyone from TMO  explain  to
his wife that the maximum weight for the  household  goods  was  9,000
pounds.  Applicant also states that there were two trucks used for the
shipment of his goods.

Applicant’s submission is attached 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 Air Force  office  of  primary  responsibility  (OPR).
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief,  Plans  &  Operations  Division,  Joint  Personal  Property
Shipping Office, JPPSO/XO, states that the applicant has not  provided
any information  to  support  a  probable  error  or  injustice.   The
shipment was weighed  at  origin  and  again  at  destination  and  he
received the benefit of the lower destination  weight.   Both  weights
were obtained on certified scales and the weight tickets  were  signed
by weightmasters operating under the authority of the states  of  Iowa
and Arizona.  When it is impractical to obtain  scale  weights  for  a
shipment, the  Comptroller  General  of  the  United  States  approved
obtaining a shipment weight through the constructive method  of  using
40 pounds per inventory line item.  This method is generally supported
by the carrier industry.  The main portion of the applicant’s shipment
contained 440 line items.  Applying  the  constructive  method  of  40
pounds per line item would produce a shipment weight of 17,600 pounds.
 Recommend denial of applicant’s request.

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

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
19 July 1999 for review and response within 30 days.  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.

of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice warranting remission  of  the
applicant’s indebtedness.  It appears that the applicant  was  serving
in an overseas unaccompanied assignment and had planned to  return  to
Iowa in time to assist his spouse in  the  packing  of  his  household
goods.  However, the packing company packed all the goods in  one  day
prior to his return; therefore, he was not given  the  opportunity  to
sort through his belongings before they were packed  to  determine  if
some could be discarded.  Further, he states that his spouse  was  not
informed of the maximum weight for the household goods and there  also
appeared to be a discrepancy regarding items listed on  the  inventory
listing.  Complicating matters, the household goods had to  be  placed
on two different vehicles.  We believe there was an injustice  to  the
applicant in that his spouse was possibly not informed of the  maximum
allowable weight to be shipped and, the applicant arrived home the day
after all the packing was completed.  We note that  neither  applicant
nor his spouse were advised that they  could  possibly  be  overweight
until he received notice from finance, thereby creating a hardship  on
him and his family.  Therefore, in an effort to remove any possibility
of an injustice to the applicant, we believe that the applicant should
not be held accountable for the excess weight of his  household  goods
and recommend his 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 U. S.  Government
Bill of Lading (GBL) YP-712326, dated 29 April  1997,  be  amended  by
adding 5,300 pounds  for  professional  books,  papers  and  equipment
(PBP&E).

_________________________________________________________________

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 12 Apr 99, w/atchs.
   Exhibit B.  Letter, JPPSO/XO, dated 22 Jun 99, w/atchs.
   Exhibit C.  Letter, AFBCMR, dated 19 Jul 99.





                                   RICHARD A. PETERSON
                                   Panel Chair


INDEX CODE:  128


AFBCMR 99-01319





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 MATTHEW J. VENECHUK, 397-82-7542, be corrected to
show that the U. S. Government Bill of Lading (GBL) YP-712326, dated
29 April 1997, be amended by adding 5,300 pounds for professional
books, papers and equipment (PBP&E).







   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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