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AF | BCMR | CY2000 | 0001686
Original file (0001686.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02106
            INDEX CODE: 128.00, 128.14

      APPLICANT  COUNSEL:  NONE

                 HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed in the  amount  of  $659.72  for  shipping  expenses  he
incurred because his privately owned vehicle (POV) exceeded  the  maximum
allowable size limit of 20 measurement tons.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He submitted his request for reimbursement to the United  States  General
Accounting Office (GAO) and the Defense Finance  and  Accounting  Service
(DFAS-DE),  Denver,  CO.   Both   agencies   denied   his   request   for
reimbursement.

He has a large family and would like to be treated  like  any  other  Air
Force member who ships their vehicle overseas.  The vehicle could not  be
shipped or processed unless the bill  was  paid  up-front.   The  Traffic
Management Office (TMO) told  him  he  could  submit  a  waiver  request;
however, the POV would  not  be  shipped  until  the  waiver  was  either
approved or disapproved.  This situation has created a  financial  burden
for him and his family.

A smaller vehicle will not accommodate all eight of his dependents safely
and/or without breaking seat belt  laws.   This  vehicle  was  previously
shipped  to  England;  it  exceeded  the  maximum  allowable  size  limit
resulting in an additional cost, the debt was remitted by the Air  Force,
and the same rule should now be applied.

The applicant submitted a copy of his  waiver/remission  of  indebtedness
application, denial of his waiver/remission of indebtedness  application,
a DD Form 1131 (Cash Collection Voucher), and other supporting documents.
 His complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant is an enlisted member of  the  Regular  Air  Force  who  is
currently serving in the grade of technical sergeant.  He was assigned to
duties at RAF Mildenhall, England effective 30 Nov 97, from a base in the
Continental United States (CONUS).

On 30 Dec 97 the applicant was notified that by  JPPSO-SAT/ECAF  that  he
owed $375.77 resulting from excess cost  for  the  shipment  his  POV  to
England from the United States.

On 3 Mar 98, he submitted an application of debt remission for the excess
cost for the shipment his POV.  On 13 May 98 his debt  remission  request
for remission of a debt in the amount of $375.77, resulting  from  excess
cost for the shipment his POV from the  United  States  to  England,  was
approved.

Pursuant to Special  Orders  AB-036  dated  9  Feb  00,  the  applicant’s
dependents returned from England to the United States on early return  of
dependent travel orders.  The applicant shipped his POV from  England  to
the United States.

On 6 Mar 00, the applicant incurred excess cost in the amount of  $659.72
as a result of his POV being oversized.  Subsequent to  his  payment  for
the  incurred  cost,  the  applicant  submitted  a  waiver/remission   of
indebtedness application requesting reimbursement.  On 12 Apr  00,  DFAS-
DE/FYCT, returned  the  applicant’s  remission  request  without  action.
DE/FYCT stated the record showed that the debt had been fully liquidated,
thereby precluding remission consideration under the provisions of  Title
10, United States Code, Section 6161.

___________________________________________________________________

AIR FORCE EVALUATION:

The Commander, Joint  Personal  Property  Shipping  Office  (JPPSO),  San
Antonio, TX, (DOD), reviewed  the  application  and  recommended  denial.
JPPSO stated that the  applicant  did  not  provide  any  information  to
support a probable error or injustice, only that he has a  large  family.
JPPSO stated that the maximum vehicle size is established  by  the  Joint
Federal Travel Regulation (JFTR) and is not predicated  on  family  size.
JPPSO also stated that should the  Board  decide  to  grant  relief,  the
records may be changed to state  the  member  requested  shipment  of  an
oversized POV due to medical reasons and competent authority approved the
request in accordance with the  provisions  of  paragraph  U5415-C,  JFTR
(Exhibit C).

___________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on  1
Sep 00 for review and comment.  As of this date, this office has received
no response (Exhibit D).

___________________________________________________________________

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 injustice.  While there is no indication  that  the
indebtedness determination related to the shipment of the applicant’s POV
was erroneous or improper, after reviewing the  evidence  presented,  the
Board majority is of the opinion that approval of the requested relief is
warranted in this case.  It  appears  that  the  applicant  was  provided
misleading information when he shipped his POV to England and  we  assume
that his debt  was  remitted  based  on  the  miscounseling.   The  Board
majority believes it unfair and a continuation of the injustice  stemming
from the miscounseling  to  require  the  applicant  to  pay  the  excess
shipping expenses required by the JFTR when the vehicle was  returned  to
the United  States.   Accordingly,  the  Board’s  majority  believes  his
records should be corrected in the following manner.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military  records  of  the  Department  of  the  Air  Force
relating to APPLICANT be  corrected  to  show  that  competent  authority
approved his request submitted under the provisions of Paragraph  U5415-C
of the Joint Federal Travel Regulations (JFTR), to ship an oversized  POV
in connection with the return of his dependents to the Continental United
States from England due to medical reasons.

___________________________________________________________________

The following  members  of  the  Board  considered  this  application  in
Executive Session on 15 November 2000 under the  provisions  of  AFI  36-
2603:

      Mr. Benedict A. Kausal IV, Panel Chair
      Mr. Joseph A. Roj, Member
      Mr. Christopher Carey, Member

Messers. Kausal and Carey voted to correct the records,  as  recommended.
Mr. Roj voted to deny the application but  did  not  elect  to  submit  a
minority report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 14 June 2000, with attachments.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, JPPSO-SA/CC, dated 18 August 2000, with
        attachments.
     Exhibit D.  Letter, SAF/MIBR, dated 1 September 2000.




                                   BENEDICT A. KAUSAL IV
                                   Panel Chair




AFBCMR 00-01686




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 APPLICANT be corrected to show that competent authority
approved his request submitted under the provisions of Paragraph U5415-C
of the Joint Federal Travel Regulations (JFTR), to ship an oversized POV
in connection with the return of his dependents to the Continental United
States from England due to medical reasons.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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