RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02777
                       INDEX CODE:  128.10
      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

The indebtedness he received for exceeding the weight  limits  in  the
shipping of his household goods (HHG) be removed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was initially told upon leaving Hawaii  that  his  household  goods
were 300 lbs overweight and it would cost him one dollar a  pound  for
every pound he was over the required limits.

The Form 1203 (US Government Bill of Lading) in item  25  states  that
reweigh is required and this was not done.

On several occasions he was given wrong information  in  reference  to
shipping his HHGs, as well as guidelines being omitted.

The applicant before leaving Hawaii  and  arriving  at  Lajes  checked
several times with the appropriate  offices  to  ensure  that  he  was
within the weight requirements and was told that his HHGs  weight  was
within the limits.

The TMO representative at Hawaii advised the  applicant  to  ship  his
HHGs in advance because the mode of transportation that the HHGS would
be shipped would take 90 days for his HHGs to reach the Azores.

On 24 Feb 00, xxxxx of the Finance office called the applicant to make
payment arrangements for the shipping of his HHGs and  whole  baggage.
The total shipping bill was $6,365.58.

On  3  Mar  00,  he  sent  a  memorandum  to  JPPSO-SAT/ECAP  and  the
indebtedness was reduced to $4,846.32.

On 4 Apr 00, he spoke with xxxx at  JPPSO-SAF/ECAF  and  was  informed
that his HHGs were sent priority air from Hawaii to Lajes.  XXXXX  was
unable to explain why this happened.  On 20  Apr  00,  he  received  a
letter from xxxxx., the Joint Personal
Property Shipping Officer and xxxxx. stated  that  all  overseas  hold
baggage is sent priority air (Code T)-this was never  briefed  to  the
applicant at his personal property counseling at Hawaii.   On  15  May
00, he sent an application for remission of indebtedness and the  debt
was reduced to $2,426.32.

Applicant's complete 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 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),  San
Antonio, reviewed  this  application  and  states  that  according  to
Attachment 1, of the Air Force Supplement to the JFTR  the  Azores  is
identified as a restricted weight area.  This  means  that  Government
furniture is available.  The JFTR provides that on a permanent  change
of station (PCS) to/from an Outside Continental United States (OCONUS)
Permanent Duty Station (PDS) designated by the service concerned as  a
place where Government-owned furnishings are  provided,  a  member  is
limited to HHG transportation of 2,000 pounds net weight or 25 percent
of  the  prescribed  allowance,  whichever  is   greater,   plus   the
transportation of unaccompanied baggage.  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.  His HHG shipment weighed 4,770
thus, exceeding the  prescribed  allowance  by  545  pounds.   His  UB
shipment weighed 1,829 pounds which exceeded the required allowance by
729 pounds.

In regard to the member’s contention concerning  the  reweigh  of  the
shipment, he was advised  that  reweigh  would  have  been  desirable;
however, failure to reweigh a  shipment  does  not  invalidate  weight
certificates already  obtained  for  a  shipment  unless  evidence  is
presented to indicate that the certificates are in error.

The member was advised in Hawaii that his shipment was  exceeding  the
required weight allowances and he approved the release of his HHGs for
shipment.   The  member  states  he   was   given   an   estimate   by
transportation or the carrier, but that is  what  it  is-an  estimate.
Estimated weights cannot  be  used  to  refute  or  invalidate  weight
tickets obtained at origin.  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.   In  view  of  the
evidence submitted they recommend denying the applicant’s request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed  the  Air  Force  evaluation  and  states  that
although xxxxx., states that a reweigh would have been desirable, Form
1203 (US Government Bill of Lading), section #25 states that a reweigh
of a shipment is required.

The member reiterates that when his HHG’s were  being  packed  he  was
advised he was exactly 300 pounds overweight and that it  would  be  a
dollar per pound charge.  He also,  states  that  he  checked  several
times with TMO at Lajes and was told he was not exceeding the required
weight allowances and in fact he had a few hundred pounds to spare.

The member is preparing to PCS to  March  AFB  and  in  attending  his
transportation briefing, the TMO representative informed him that  his
shipment would be transported again by surface craft.   The  applicant
corrected the representative by stating the shipment would go by  air,
but the representative informed the applicant he was  incorrect.   The
applicant then proceeded to the superintendent and questioned  him  as
to what mode his shipment would be transported and the  superintendent
informed the applicant that the shipment would be transported by  air.
The applicant told him of the misinformation that  was  given  at  the
briefing and the superintendent told him, he would speak to his people
about giving out erroneous information.  The applicant states this  is
yet another example of the experts giving out wrong information.

Applicant’s response, with attachments, is attached at Exhibit E.

_________________________________________________________________

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 warranting relief of  the
applicant’s  request.  After  thoroughly  reviewing  the  evidence  of
record, the Board is of the opinion that there are several  mitigating
circumstances evident in this case.  In this respect, we note that the
applicant was apparently told that when his HHGs were being packed  he
was approximately 300 pounds over his limit; however,  he  decided  to
allow the HHGs to be shipped because evidently he was advised  by  TMO
officials in Hawaii that he would only be charged $1 per pound for the
excess weight.  Secondly, he was counseled  that  the  HHGs  would  be
transported by ground when in actuality, they were moved by air  which
is considerably more costly.  When the applicant checked with the  TMO
officials  after  arriving  in  the  Azores  to  determine  how   much
overweight his HHGs were, he was advised that they were not  over  the
weight limit, in fact, he had a few hundred pounds to spare.  We  also
note that Standard Form 1203, the U. S.  Government  Bill  of  Lading,
indicates that a reweigh is required, but when  the  applicant’s  HHGs
arrived in the Azores they were not reweighed; therefore, it cannot be
determined whether the weight of the HHGs was accurate.  Therefore, in
view of the totality of the circumstances of this case and in order to
prevent any further  financial  hardship  to  the  applicant  and  his
family, we recommend the remaining debt be removed and his records  be
corrected as 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  unaccompanied
baggage shipment that moved under Government Bill of Lading  (GBL)  ZP-
XXXX, dated 20 January 1999, contained  1,313  pounds  of  professional
books, papers, and equipment (PBP&E).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 14 February 2001, under the provisions of AFI 36-
2603:

                       Ms. Patrica J. Zarodkiewicz, Panel Chair
                       Mr. Albert F. Lowas, Jr., Member
                       Mr. Thomas J. Topolski, Jr., Member

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

      Exhibit A. DD Form 149, dated 16 Sep 00, w/atchs.
      Exhibit B. Letter, JPPSO/CC, dated 20 Dec 00.
      Exhibit C. Letter, SAF/MIBR, dated 5 Jan 01.
      Exhibit D. Applicant’s Response, dated 25 Jan 01.




                             PATRICIA J. ZARODKIEWICZ
                             Panel Chair






AFBCMR 00-02777
INDEX CODE:  128.10


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered  the  recommendation  of  the  Air
Force Board for Correction for 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, SSN, be corrected to show that the unaccompanied
baggage shipment that moved under Government Bill of Lading  (GBL)  ZP-
XXXX, dated 20 January 1999, contained  1,313  pounds  of  professional
books, papers, and equipment (PBP&E).




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency