RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-00942
            INDEX NUMBER:  128.10

      XXXXXXXXXXXX     COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  Yes

_______________________________________________________________

APPLICANT REQUESTS THAT:

His indebtedness to the Government  in  the  amount  of  $1,458.89  for
shipment of excess household goods (HHG) be waived.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He had to report to work during his pack out and went TDY for one month
the day after resulting in his professional gear not all being properly
marked or weighed.

His family has suffered hardship due to the moves he has had  to  make,
including moving his daughter as she was going into her senior year  of
high school.  He has done another PCS move since the one involving  the
contested charges.  He has left his family in place, however, to  allow
his son to finish high school.  This has placed him in the position  of
maintaining two households, helping his daughter with college,  getting
his son ready for college, and being separated  from  his  family.   He
states that he honestly doesn’t  know  if  he  can  make  the  payments
associated with this indebtedness.

The applicant’s complete submission us at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on  active  duty  in  the  grade  of
lieutenant colonel.  His Total Active Federal Military Service Date  is
8 June 1988.  A review of his last  ten  performance  reports  reflects
overall ratings of “meets standards.”

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,
evaluated this application and recommends  denial  of  the  applicant’s
request.

Per Special Order AB-1125, dated 7 July 1998, as amended by  order  AB-
1134, dated 9 Jul 1998,  the  applicant  made  a  permanent  change  of
station from Hickam AFB, Hawaii to Fort  Collins,  Colorado.   He  made
three shipments of personal property in conjunction with his PCS.   The
applicant was billed $3,122.62  for  exceeding  the  authorized  weight
allowance of 17,500 pounds.  He filed a rebuttal of the charges stating
that the calculations did not deduct the full  amount  of  professional
gear.  The Excess Cost Adjudication Function (ECAF) determined that the
applicant had indeed shipped  property  in  excess  of  the  prescribed
weight allowance.  However, using the carrier’s descriptive inventories
as guides and applying the cube rule of 40 pounds per cubic foot,  they
increased the amount  of  professional  books,  papers,  and  equipment
(PBP&E) in all three shipments.  The excess charges were  then  reduced
to $2,650.04 vice the $3,122.62.

The applicant submitted a second rebuttal requesting  additional  PBP&E
credit.  To accomplish the review, copies  of  the  complete  household
goods inventories were requested from the origin transportation  office
in Hawaii.  ECAF again reviewed the case and determined a reduction  in
the excess cost charges was warranted.  As a result,  the  excess  cost
charges owed by the applicant was reduced to $1,458.89 vice $2,650.04.

The applicant is requesting a waiver  of  the  remaining  indebtedness.
The applicant has not provided any information to  support  a  probable
error or injustice with the manner in which  his  HHG  were  packed  or
shipped.  He does not argue that he was  unaware  of  the  requirements
necessary to receive credit for PBP&E.  Indeed, he states that  he  has
moved several times before and is familiar  with  weight  requirements.
He further states that on previous moves he had around 3,500 pounds  of
professional gear.  He received a total weight credit of  4,108  pounds
for professional goods.

The complete evaluation is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant  on  6
July 2001 for review and comment within 30 days.  To date,  a  response
has not been received.

_______________________________________________________________

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.  We took  notice  of  the
applicant's complete submission in judging  the  merits  of  the  case;
however, 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.  The Board notes that the applicant states that  on
previous moves he had around 3500 pounds or more of professional  gear.
He has been given credit for 4,108 pounds of professional gear and  his
debt was reduced from $3,122.62 to $1458.89.  It appears to  the  Board
that the applicant’s case was fairly evaluated and that he has received
appropriate relief.  Therefore, in  the  absence  of  evidence  to  the
contrary, we find no compelling basis to recommend granting the  relief
sought in this application.

4.  The applicant's case is adequately documented and it has  not  been
shown  that  a  personal  appearance  with  or  without  counsel   will
materially add to our understanding of the issues involved.  Therefore,
the request for a hearing is not favorably considered.

_______________________________________________________________

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 16 August 2001, under the provisions  of  AFI  36-
2603:

      Mr. Jackson A. Hauslein, Panel Chair
      Mr. Lawrence R. Leehy, Member
      Mr. Roscoe Hinton, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Apr 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, JPPSO/CC, dated 26 Jun 01.
    Exhibit D.  Letter, SAF/MIBR, dated 6 Jul 01.




                                   JACKSON A. HAUSLEIN
                                   Panel Chair