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AF | BCMR | CY2002 | 0200492
Original file (0200492.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00492
            INDEX CODE:  128.10

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

A correction be made to the Government Bill of Lading (GBL)  AP-127101
to reflect the shipment contained professional gear.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 11 December 2000 Global Van Lines made  an  extra  pick-up  at  his
office located in the Aerospace Corp complex in Los Angeles,  CA.   At
that time  his  professional  gear,  including  but  not  limited  to,
professional books, papers, desk chair,  government  pictures,  office
mementos, and AF-issued computer equipment was packed and  shipped  to
Rosslyn, VA.  Captain E--- was present for the outbound portion of the
move, Mr. B--- was present for the incoming shipment.  Because  of  an
unexpected meeting with the Assistant Secretary of the Air  Force,  he
was unable to be present and there was a failure to properly  annotate
the GBL  indicating  it  contained  professional  books,  papers,  and
equipment (PBP&E).

In support of the appeal, applicant submits statements from Captain E--
- and Mr. B---, also a letter from Joint  Personal  Property  Shipping
Office (JPPSO) indicating that  the  Global  Van  Line  representative
believes PBP&E was shipped.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

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

The applicant was billed $2,240.00 for exceeding the prescribed weight
allowance of 18,000 pounds.  A verbal  rebuttal  of  the  excess  cost
charged was filed stating the applicant had not  received  credit  for
his  professional  books,  papers  and  equipment.   The  Excess  Cost
Adjudication  Function  (ECAF)  reviewed  the  case  and  advised  the
applicant that regulations require PBP&E be separately packed, clearly
marked  as  professional  items,  and  identified  as  such   on   the
appropriate shipping documents at the time of pick-up of the property.
 Since no professional gear is identified  on  the  shipping  records,
based on provisions of applicable regulations, they concluded that  no
credit for PBP&E could be granted.

_________________________________________________________________

AIR FORCE EVALUATION:

JPPSO/CC states that when the applicant made application to  ship  his
household goods (HHGs) he estimated he  would  have  3,000  pounds  of
PBP&E to include in the shipment.  However, no items  were  separately
packed,  marked,  or  identified  on   the   shipping   documents   as
professional goods.  Since an extra pickup of items was made from  the
office, they believe  these  items  were  PBP&E  items.   Because  the
applicant was called away during the packing of his  HHG,  they  think
this may have contributed to the oversight  in  the  PBP&E  not  being
properly identified on the appropriate shipping documents.  For  these
reasons, they support the applicant’s request to  receive  credit  for
PBP&E in his move from California to Virginia.   Therefore,  based  on
information obtained from the sequent  shipment,  they  recommend  the
applicant be granted 1,276 pounds of PBP&E.

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

JPPSO/CC states that after further review of the shipment file from  a
previous shipment,  they  have  determined  the  applicant  should  be
credited with an  additional  180  pounds  of  PBP&E.   He  asks  that
paragraph 6 of subject advisory to read, the shipment that moved under
Government Bill of  Lading  AP-127101,  dated       9  November  2000,
contained 1,456 pounds of PBP&E, vice 1,276 pounds.

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed  the  Air  Force  evaluation  and  states  that  he
appreciates the relief recommended  by  the  JPPSO  and  its  apparent
understanding that, but for an unexpected meeting  with  an  Assistant
Secretary of the Air Force, he would have been present for the packing
of his PBP&E at his office and would have ensured that it was properly
annotated.

While the advisory references the pick-up from his office, it does not
take into account the PBP&E that were at his home and were packed  and
shipped also.  These items included:

    a.  5 cartons of professional books
    b.  2 medium sized boxes of professional memorabilia
    c.  5 picture cartons of memorabilia
    d.  1 wardrobe box of specialty Air Force uniforms
    e. 2 medium sized boxes containing a government  issued  computer,
printer, docking station and associated parts.

He estimates the total weight of the  above  additional  listed  items
from his home to be approximately 1000 pounds.

Applicant's complete response is attached at Exhibit F.

_________________________________________________________________

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 an injustice  warranting  partial  relief.   In  this
respect, we note the supporting  statement  from  the  individual  who
supervised and  assisted  the  moving  company  in  the  packaging  of
applicant’s professional gear  from  his  office.   In  view  of  this
statement and noting the comments from the Air Force, we are persuaded
that the applicant should be  giving  credit  for  shipment  of  1,456
pounds of PBP&E.  Therefore, we recommend his records be corrected  to
the extent indicated  below.   Applicant’s  request  for  shipment  of
additional PBP&E, located at his home, is noted; however, we  find  no
evidence that the applicant separately packed, marked, and provided  a
description of the items to the carrier.  The applicant, a senior  Air
Force officer, should have been aware of these requirements.  Based on
the evidence  of  record,  we  do  not  recommend  allowance  for  any
additional shipment of PBP&E.

_________________________________________________________________

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
shipment under Government Bill of Lading AP-127101, dated  9  November
2000, contained  1,456  pounds  of  professional  books,  papers,  and
equipment (PBP&E).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 11 July 2002, under the  provisions  of  AFI  36-
2603:

                  Mr. Lawrence R. Leehy, Panel Chair
                  Ms. Diane Arnold, Member
              Mr. E. David Hoard, Member

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

   Exhibit A.  DD Form 149, dated 7 Feb 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, JPPSO/CC, dated 25 Feb 02.
   Exhibit D.  Letter, JPPSO/CC, dated 7 May 02.
   Exhibit E.  Letter, AFBCMR, dated 8 May 02.
   Exhibit F.  Applicant's Response, dated 24 May 02.



                                   LAWRENCE R. LEEHY
                                   Panel Chair







AFBCMR 02-00492




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
shipment under Government Bill of Lading AP-127101, dated 9 November
2000, contained 1,456 pounds of professional books, papers, and
equipment (PBP&E).





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency



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