RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00741
INDEX NUMBER: 128.10
XXXXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_______________________________________________________________
APPLICANT REQUESTS THAT:
His indebtedness to the government in the amount of $1982.61 for
multiple warehouse handling, drayage charges, and overweight shipment
of household goods be remitted.
_______________________________________________________________
APPLICANT CONTENDS THAT:
He was advised that he had one year to establish a Home of Selection
(HOS) and request shipment of his household goods after he retired.
His household goods were not delivered in accordance with the
instructions he gave the Traffic Management Office resulting in the
charges to him for multiple handling.
He was assessed the overweight charges two years after he received his
household goods and does not feel that he was provided the opportunity
to ask for a reweigh to insure that 10% of the weight was deducted for
packing materials.
The applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The pertinent facts relating to this application are contained in the
evaluation prepared by the appropriate office of the Air Force found at
Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
The Joint Personal Property Shipping Office recommends that the
applicant be held liable for $199.92 in overweight charges only.
Since the applicant was authorized to ship household goods from his
last permanent duty station to the HOS via the retirement processing
station, but did not take delivery of the household goods at the
processing station, the initial warehouse handling and storage at the
processing station should be considered as services authorized incident
to the line-haul shipment. Since temporary storage and warehouse
handling at the processing station are authorized charges, the
applicant should only be held liable for the overweight charges. The
household goods were weighed on certified scales at both origin and
destination and the weight obtained at both locations exceeded the
authorized weight allowance. He was given the benefit of the lower
origin weight.
The complete evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 17
May 02 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 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. We note that the applicant’s debt has already been reduced
to $199.92. We are persuaded by the evidence presented that this is a
fair and equitable amount for the applicant to pay. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
_______________________________________________________________
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 Docket Number 02-00741 in
Executive Session on 19 June 2002, under the provisions of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Mr. Michael J. Novel, Member
Mr. Thomas J, Topolski, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Feb 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, JPPSO/CC, undated.
Exhibit D. Letter, SAF/MIBR, dated 17 May 02.
ROSCOE HINTON, JR.
Panel Chair
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