Search Decisions

Decision Text

AF | BCMR | CY2001 | 0002124
Original file (0002124.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02124
            INDEX CODE:  128.14
      APPLICANT  COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Government Bill of Lading (GBL) be amended  to  reflect  the  weight  of
professional books, papers, and equipment (PBP&E)  in  order  to  reduce  or
eliminate her indebtedness resulting from her permanent  change  of  station
(PCS) move from Ft. Clayton Panama to Randolph AFB TX.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Carton #1  of  her  unaccompanied  baggage  shipment  contained  dental  and
professional military education books that she was instructed  to  bring  to
Panama by her supervisor.  Items identified in Carton # 4 as “clothes”  were
actually uniforms; her  civilian  clothing  was  in  her  luggage  that  she
carried on  her  return  flight  to  the  CONUS.   Carton  #6  had  contents
identified as “bag w/uniforms” which was actually her mobility bag that  she
was required to have and maintain while assigned to Ft.  Clayton.   As  part
of her  pre-packing  preparations  for  her  PCS  move,  she  separated  her
professional  gear  from  her  non-professional   goods.    However,   after
receiving and unpacking her  unaccompanied  baggage  at  Randolph  AFB,  she
noticed  that  her  professional  and   non-professional   gear   had   been
commingled.

In support of her request, applicant submitted a personal statement;  copies
of numerous documents associated with her  unaccompanied  baggage  shipment;
her PCS orders; Rebuttal to Notification of Indebtedness memorandums; JPPSO-
SAT/ECAF Excess Cost Rebuttal Adjudication memorandums; and, DD  Forms  139,
Pay Adjustment Authorization.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant  is  currently  serving  on  active  duty  in  the  grade  of
lieutenant colonel.  Her total active federal military service  date  is  16
Jun 88.

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant’s military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force.   Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Commander, Joint Personal Property Shipping Office,  JPPSO/CC,  reviewed
applicant’s  request  and  recommends  denial.   The  applicant  was  billed
$1,295.08 for exceeding the unaccompanied baggage weight  allowance  of  600
pounds.  Applicant filed a rebuttal to her  indebtedness  claiming  she  did
not get credit for all of her PBP&E, a  mattress  was  missing,  items  were
misidentified  on  the  inventory,  and  questioning  the  validity  of  the
shipment weight.  The Excess Cost Adjudication Function (ECAF) reviewed  her
rebuttal and credited her with 363 pounds of PBP&E.  Applicant was  informed
that weights of previous shipments cannot be  used  to  substitute  for  the
weight of a subsequent shipment, her missing  mattress  would  be  addressed
once she provided a copy of the adjudicated claims  documentation,  and  her
excess cost charges were reduced  to  $626.35.   Applicant  resubmitted  her
rebuttal against the  indebtedness.   ECAF  determined  that  no  additional
documentation was submitted that warranted a reduction  or  cancellation  of
the debt.

JPPSO/CC stated that the applicant was aware of the  requirements  necessary
to receive credit for PBP&E.  Her  Personal  Property  Counseling  Checklist
indicates she was counseled regarding PBP&E.   When  applicant  applied  for
shipment of  her  unaccompanied  baggage,  she  declared  her  intention  to
include PBP&E, estimated the  weight  to  be  200  pounds,  one  carton  was
identified on the carrier’s inventory as containing professional items,  and
she signed the inventory as being a true record of items  contained  in  the
shipment (see Exhibit B).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  3  Nov
00 for review and response within 30 days.  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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  After a thorough  review  of  the
evidence of record and the applicant’s  submission,  we  are  not  persuaded
that amendment of the  applicant's  Government  Bill  of  Lading  (GBL)  and
further relief of her indebtedness to the government is warranted.  We  note
that  the  applicant  received  proper  counseling  regarding  her  personal
property shipment and that she has  received  some  relief  of  indebtedness
from  the  Air  Force.   Therefore,  we   agree   with   the   opinion   and
recommendation of the Air Force office of primary responsibility  and  adopt
their rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.  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 Jan 01, under the provisions of AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. Roscoe Hinton, Jr., Member
      Mr. Clarence D. Long III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 May 00, w/Atchs.
    Exhibit B.  Letter, JPPSO/CC, dated 19 Oct 00.
    Exhibit C.  Letter, SAF/MIBR, dated 3 Nov 00.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

Similar Decisions

  • 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...

  • AF | BCMR | CY1999 | BC-1996-02029

    Original file (BC-1996-02029.doc) Auto-classification: Approved

    Applicant’s complete response is at Exhibit D. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: Pursuant to the Board’s request, the Director, Joint Personal Property Shipping Office, JPPSO-SAT/DIR, reviewed this application and recommended denial. ECAF again reviewed the case and based on claim documentation, they granted a weight credit of 493 pounds for missing and irreparably damaged items under GBL VP-154,889 and 108 pounds for items...

  • AF | BCMR | CY1999 | 9602029

    Original file (9602029.doc) Auto-classification: Approved

    Applicant’s complete response is at Exhibit D. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: Pursuant to the Board’s request, the Director, Joint Personal Property Shipping Office, JPPSO-SAT/DIR, reviewed this application and recommended denial. ECAF again reviewed the case and based on claim documentation, they granted a weight credit of 493 pounds for missing and irreparably damaged items under GBL VP-154,889 and 108 pounds for items...

  • 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 | CY2010 | BC-2010-01577

    Original file (BC-2010-01577.txt) Auto-classification: Denied

    ________________________________________________________________ THE APPLICANT CONTENDS THAT: The HHG shipment of his PBP&E was not annotated properly on his Descriptive Inventories Sheet, dated 6 Jun 07. JPPA-ECAF’s adjudication section reviewed the case file and determined the debt was correct, advising that previous or subsequent shipment weights could not be used in determining the excess cost for the shipment in question. The applicant is requesting the 22 items in his HHG...

  • 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 | CY1998 | 9800542

    Original file (9800542.pdf) Auto-classification: Denied

    The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). He states that at the time of shipment he estimated he had 10 pounds of PBP&E. Should the board decide to grant the relief sought, the records may be changed to state the household goods shipment that moved under Government Bill of Lading VP-486,927 dated 9 Nov 95, contained 975 pounds of professional books, papers, and equipment.

  • AF | BCMR | CY2006 | BC-2005-02970

    Original file (BC-2005-02970.doc) Auto-classification: Denied

    ECAF states when it is impossible or impractical to weigh a shipment on certified scales, if approved by the traffic management officer, the shipment weight may be constructed by multiplying 40 pounds times the number of inventory line items. The ECAF evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In response to the Air Force advisory opinion, the applicant points out that there was...

  • AF | BCMR | CY2004 | BC-2004-02023

    Original file (BC-2004-02023.doc) Auto-classification: Approved

    Since the letter was provided more than six months following the delivery of the shipment, ECAF contacted the carrier, only to discover that the carrier representative who signed the statement was not familiar with the shipment and that she, at the applicant’s request, identified items of PBP&E on the inventory per his request. In this case, reviews of the inventories reveal there were no items identified as PBP&E during the move. Following receipt of ECAF’s 14 May 2004 letter, he...

  • AF | BCMR | CY1999 | 9801893

    Original file (9801893.doc) Auto-classification: Denied

    The shipment had an origin net weight of 16,345 pounds. According to JPPSO, the applicant did not provide any information to support an error or injustice by transportation personnel that increased the weight of his HHG. At origin, the shipment had a net weight of 16,370 pounds.