RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03308
            INDEX CODE:  128.10

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

The debt of $132.38 he incurred as a result of  moving  his  household
goods (HHG) be remitted.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes he has been the victim of an  error
and/or an injustice are contained in his complete submission, which is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to DD Form 139, Pay Adjustment Authorization,  dated  19 Dec
2000, the applicant incurred excess cost  for  long  delivery  out  of
storage in transit from Montgomery, AL to Auburn, AL.

_________________________________________________________________

AIR FORCE EVALUATION:

The Commander, Joint  Personal  Property  Shipping  Office,  JPPSO/CC,
recommended denial.  He found no  error  by  transportation  personnel
that caused the excess cost charges.  The member stated his intent was
to reside in Montgomery, AL, due to his  prospective  employment  with
the Montgomery Air National Guard (ANG).  He was  authorized  to  have
his property delivered to him within a 30-mile radius  of  Montgomery,
AL, at no cost to him.  He requested shipment of  his  HHG  from  Hill
AFB, UT to Montgomery, AL and it was  accomplished  as  he  requested.
Later, he elected to live in Auburn, AL and requested that the HHG  be
delivered from storage in Montgomery  to  Auburn,  a  distance  of  58
miles.  Since Auburn is located outside of the local delivery area  of
Montgomery, he  is  liable  for  the  excess  long  delivery  charges.
Although he was authorized to ship his property to Florida,  his  home
of record (HOR),  he  shipped  it  to  Alabama,  a  shorter  distance.
Regulations  prohibit  cost  equalization.   If  the   applicant   had
requested shipment  of  his  HHG  to  Auburn,  they  would  have  been
consigned to Fort Benning, GA, the transportation  office  responsible
for all HHG shipments originating or terminating in Auburn, AL.

The applicant’s statement that the  transportation  office  at  origin
should have issued a GBL correction to  change  the  destination  from
Montgomery to Auburn is without merit.  Once a  shipment  arrives  for
storage at a destination, a  correction  to  the  GBL  to  change  the
destination may not be issued.  When the  long  delivery  is  for  the
member’s convenience, the member must bear the  excess  cost  for  the
distance exceeding the local delivery cost.

The Commander noted the applicant’s statement that his ANG commander’s
definition of commutable area for Montgomery included residence within
a 50 nautical mile radius of Montgomery, along with  an  extension  to
include Auburn.  However, the applicant’s HHG were shipped  under  the
authority of special order A-SE-0201 which released  him  from  active
duty, not under  the  authority  of  the  ANG  or  with  ANG  funding.
Therefore, his entitlements are established by Volume I of  the  JFTR,
which directly implements Federal law.

If the Board approves the request, the record should be  corrected  to
show the HHG that moved from Utah to Montgomery, AL  under  Government
Bill  of  Lading  YP-820985,  dated  28  July  1998,  was   improperly
transported or otherwise unavoidably  misdirected  to  Montgomery,  AL
through no fault of the member.  In accordance with paragraph U5330-D,
JFTR, the HHG may be transported to Auburn,  AL  at  no  cost  to  the
member.

A complete copy of the evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant disagreed with the advisory opinion and stated, in part,
that the JFTR is clear in stating  that  the  member  is  entitled  to
travel allowances as actually performed as long as the total  is  less
than travel from the last permanent duty station to  the  HOR  or  the
location where he entered on active duty.  If  the  TMO  had  followed
correct procedures and notified him of the excess cost  and  attempted
to secure his permission to  continue  the  shipment,  he  could  have
elected to remove  enough  weight  so  that  the  total  cost  to  the
government would not have exceeded the  government’s  cost  for  a  30
nautical mile shipment.  TMO is required to determine  in  advance  if
the member is willing to pay excess costs.

A complete copy of the applicant’s response, with attachments,  is  at
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  error  or  injustice.   After  reviewing  the
evidence of record, particularly the report from  the  Office  of  the
Inspector General  (OIG),  which  concluded  that  the  Transportation
Management Office (TMO) failed to comply with its own regulations, the
majority of the Board is of the opinion that the applicant is entitled
to the requested relief.  The TMO should have notified  the  applicant
and they should have received authorization from  him  in  advance  of
moving his HHG, since he  would  incur  excess  costs.   Moreover,  it
appears  that  he  was  miscounseled   concerning   what   constitutes
“commutable area” for Montgomery, AL.  In view of the  foregoing,  and
in an effort to offset any possibility of an injustice,  the  majority
of 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.  The  household  goods  (HHG)  that  moved  from   Utah   to
Montgomery, AL, under Government Bill of Lading (GBL) YP-820985, dated
28 July 1998, were improperly  transported  or  otherwise  unavoidably
misdirected to Montgomery, AL, through no fault of the member.

      b.  Competent authority  authorized  transport  of  the  HHG  to
Auburn, AL, in accordance with paragraph U5330-D, Joint Federal Travel
Regulations (JFTR), and that he be reimbursed for the costs incurred.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 31 May 2001, under the provisions of AFI 36-2603:

                 Ms. Kathy L. Boockholdt, Panel Chair
                 Ms. Barbara J. White-Olson, Member
                 Mr. Steven A. Shaw, Member

By a majority vote, the Board voted to correct the record.  Ms. White-
Olson voted to deny the applicant's request, but  did  not  desire  to
submit a Minority Report.   The  following  documentary  evidence  was
considered:

     Exhibit A.  DD Form 149, dated 4 Dec 2000, w/atchs.
     Exhibit B.  Letter, JPPSO/CC, dated 26 Feb 2001, w/atchs.
     Exhibit C.  Letter, SAF/MIBR, dated 19 Mar 2001.
     Exhibit D.  Letter, Applicant, dated 24 Mar 2001, w/atchs.



                                   KATHY L. BOOCKHOLDT
                                   Panel Chair



AFBCMR 00-03308




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.  The household goods (HHG) that moved from Utah to
Montgomery, AL, under Government Bill of Lading (GBL) YP-820985, dated
28 July 1998, were improperly transported or otherwise unavoidably
misdirected to Montgomery, AL, through no fault of the member.

            b.  Competent authority authorized transport of the HHG to
Auburn, AL, in accordance with paragraph U5330-D, Joint Federal Travel
Regulations (JFTR), and that he be reimbursed for the costs incurred.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency