RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  01-01475
                                        INDEX CODE 128.10
                                        COUNSEL:  None

                                        HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive a remission of debt ($3,297.76) incurred for  the  shipment
of his household goods (HHG).
_________________________________________________________________

APPLICANT CONTENDS THAT:

His HHG were shipped in two parts. The second shipment, which was  201
lbs less than the first, was sent  via  airlift  rather  than  surface
freight and as a result cost $2,358.28 more than the  first  shipment.
He had no control over the mode of  shipment  used  for  either  part.
Although his total shipment was 927 lbs over his allotment, he did not
claim any professional books, paper or equipment (PBP&E).  Had he done
so, his estimate of his PBP&E (and an average for  others’  shipments)
would be approximately 500 lbs, making him 427 lbs over.  Payment  for
the 427 lbs ($414.00  total)  may  be  justified,  but  the  $3,297.76
requested is neither reasonable nor just.

Applicant’s submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on  extended  active  duty  in  the
grade of colonel.

The remaining relevant facts pertaining to this application, extracted
from the applicant's official documents are contained  in  the  letter
prepared by the appropriate office of the Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

JPPSO/CC discusses the circumstances of the case  and  indicates  that
the traffic management office at Mildenhall AB  vastly  increased  the
cost to the applicant when  they  elected  to  transport  one  of  the
shipments  via  air  versus  service  mode.  After  they  advised  the
applicant it would be no more costly to send the property in two lots,
both  lots  should  have  been  moved  via  surface  mode.    JPPSO/CC
recommends that the applicant’s records be amended to  show  that  the
HHG shipment that was moved  by  air  was  moved  via  surface  rates.
However, the Commander advises that in order  to  receive  credit  for
PBP&E, these items must be separately packed, marked,  weighed  and  a
clear description of articles entered on the carrier’s  HHG  inventory
prepared at the time of pickup. After-the-fact declaration of PBP&E is
prohibited except when a review of the  member’s  case  file  contains
documented indisputable intent to  declare  PBP&E.  Documented  intent
includes the requirement that the  PBP&E  was  separately  identified,
marked, and inventoried during the move in question. Therefore, denial
on this portion of the applicant’s request is recommended.

A complete copy of the evaluation, with attachments,  is  attached  at
Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF THE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on  7
and 28 Sep 01, for review and comment.  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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice warranting remission of a
major  portion  of  the  applicant’s  indebtedness.    The   available
documents indicate that the traffic management office at Mildenhall AB
vastly increased the applicant’s costs when they elected to  transport
one of his shipments via air versus surface mode. After  they  advised
him it would be no more costly to send the property in two lots,  both
lots should have been moved via surface mode.  We therefore agree with
the Air Force that the applicant was a victim  of  an  error  in  this
regard and should only be liable for the cost of the excess weight  at
the surface rates.  Accordingly, the  applicant’s  request  for  PBP&E
allowances is not favorably considered. In  view  of  the  applicant’s
grade and years of service, we are not convinced he was  unaware  that
PBP&E must be separately packed, marked  and  weighed,  with  a  clear
description  of  articles  entered  on  the  carrier’s  HHG  inventory
prepared at the time of  pickup.   The  applicant  has  not  presented
persuasive evidence documenting his  indisputable  intent  to  declare
PBP&E at the time, and we find no compelling basis for allowing him to
declare PBP&E after the fact. Therefore, we recommend his  records  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 the  household  goods
moved under Government Bill of  Lading  AP-234989,  dated  22 November
1999, moved via surface rates.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 1 November 2001, under the provisions of AFI  36-
2603:

                  Mr. Frederick R. Beaman, Panel Chair
                  Mr. Christopher Carey, Member
                  Mr. John E. Pettit, Member

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

   Exhibit A.  DD Form 149, dated 23 Apr 01, w/atchs.
   Exhibit B.  Letter, JPPSO/CC, dated 28 Aug 01, w/atchs.
   Exhibit C.  Letters, SAF/MIBR, dated 7 & 28 Sep 01.




                                   FREDERICK R. BEAMAN III
                                   Panel Chair




AFBCMR 01-01475




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 the household
goods moved under Government Bill of Lading AP-234989, dated
22 November 1999, moved via surface rates.




                                             JOE G. LINEBERGER
                                             Director
                                             Air Force Review Boards
Agency