RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NO:  98-02170
      INDEX NUMBER:  128.02

      COUNSEL:  None

      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The weight ticket he obtained on 31 July 1998, be accepted in  lieu  of  the
certified weight ticket he lost after a Do-It-Yourself (DITY) move in  1992,
so that the Defense Finance and Accounting Service  (DFAS)  can  discontinue
garnishing his Reserve pay for the advance operating allowance he received.

_________________________________________________________________

APPLICANT CONTENDS THAT:

After his PCS move from    ,  , he mailed all  receipts  to  accounting  and
one of the weight tickets was  misplaced.   He  reweighed  and  enclosed  an
identical ticket.  His weight ticket was not received and he  was  not  paid
for his DITY move.  The Air Force Accounting and  Finance  office  has  been
taking  money  from  his  Reserve  pay  to  repay  a  debt  he  never  owed.
Applicant’s complete submission 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 letters prepared  by  the
appropriate offices of the Air Force.  Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Traffic Management Division, HQ  USAF/ILTT,  reviewed  this  application
and recommended denial since it appears the applicant  made  no  attempt  to
contact Finance of TMO regarding his DITY move until  his  Reserve  pay  was
garnished.  The applicant submitted only one  of  the  two  required  weight
certificates upon completion of his move.  The  single  ticket  indicates  a
loaded/gross weight
of 26,120 pounds.  The TMO  was  unable  to  process  the  applicant’s  DITY
package for final payments because the net weight of the shipment is  needed
to compute the actual  Government  Constructive  Cost.   The  Joint  Federal
Travel Regulation (JFTR) allows for final settlement with the submission  of
two certified weight tickets.  The only certified weight  ticket   submitted
is for a loaded/gross weight of the vehicle, dated 31 Jul 98, over  7  years
after the applicant’s  DITY  move  in  Jun  92.   A  complete  copy  of  the
AF/ILTT’S evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17  Sep
99, 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 not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable injustice.  After reviewing  the  evidence  of  record
and the applicant’s submission, the Board is of the opinion that,  once  the
applicant learned of the reason his Reserve  pay  was  being  garnished,  he
took the appropriate steps to replace the lost empty/tare weight  ticket  by
obtaining another comparable weight ticket.  The Board noted  that  AFI  24-
501, Air Force DITY Move Program, Paragraph 7.5,  states,  “For  separatees,
the TMO that certifies actual PPGBL constructive cost establishes  a  45-day
suspense from the date of the move, and awaits  receipt  of  weight  tickets
and DD Form 2278 from the member.  If the  separatee  does  not  return  the
required documents within 45 days, the TMO will advise the FSO  (by  letter)
to  take  collection  action  of  any  advanced   operating   allowance   if
appropriate.”  Paragraph 7.5.1 further  states  that  if  the  member  later
provides weight tickets, TMO processes the  DITY  move  for  payment  of  an
incentive.  The Air Force evaluation appears to support  the  rationale  for
the Board’s decision, stating that the  JFTR  allows  for  final  settlement
with the submission of two certified  weight  tickets.   Even  though  seven
years have passed since his DITY move, the applicant  has  now  provided  an
empty weight ticket, which the Board believes should be accepted in lieu  of
the one that was either lost or misplaced when he submitted his  application
to the TMO for final settlement.   In  view  of  the  foregoing,  the  Board
believes that the applicant’s record  should  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:

      a.    By special Order      , 10 March 1992,  as  amended  by  Special
Order   , dated 15 April 1992, he was released from active  duty,  effective
5 June 1992.

      b.    On 15 April 1992, he was authorized by  competent  authority  to
perform a Do-It-Yourself (DITY) move from XXXXXXXXXXXXX, XX to  XXXXXXXXXXX,
XX, and was paid an advance operating allowance of $3,180.60.

      c.    In accordance with paragraph  7.5.1,  AFI  24-501,  he  provided
certified  weight  tickets  entitling  him  to  an  incentive   payment   of
$4,240.80, minus  the  advance  operating  allowance  of  $3,180.60  he  was
previously paid.

      d.    All monies collected through garnishment of his Reserve  pay  as
reimbursement for the $3,180.60 advance operating  allowance  for  the  DITY
move from XXXXXXXXXXX, XX to XXXXXXXXX, XX, be refunded.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 6 Jan 2000, under the provisions of AFI 36-2603:

            Mr. Charles E. Bennett, Panel Chairman
            Ms. Kathy L. Boockholdt, Member
            Mr. Michael V. Barbino, Member

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

      Exhibit A.  DD Form 149, dated 31 Jul 98, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ USAF/ILTT, dated 1 Sep 99, w/atchs.
      Exhibit D.  Letter, SAF/MIBR, dated 17 Sep 99.




               CHARLES E. BENNETT
               Panel Chairman





AFBCMR 98-02170



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:

            a.   By special Order AA-730, 10 March 1992, as amended by
Special Order AA-1034, dated 15 April 1992, he was released from active
duty, effective 5 June 1992.

            b.   On 15 April 1992, he was authorized by competent authority
to perform a Do-It-Yourself (DITY) move from XXXXXXXXXXX, XX to
XXXXXXXXXXX, XX, and was paid an advance operating allowance of $3,180.60.

            c.   In accordance with paragraph 7.5.1, AFI 24-501, he
provided certified weight tickets entitling him to an incentive payment of
$4,240.80, minus the advance operating allowance of $3,180.60 he was
previously paid.

            d.   All monies collected through garnishment of his Reserve
pay as reimbursement for the $3,180.60 advance operating allowance for the
DITY move from XXXX XXXXXX, XX to XXXXXXXXX, XX, be refunded.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency