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AF | BCMR | CY2002 | 0201449
Original file (0201449.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01449
            INDEX NUMBER:  128.10
      XXXXXXXXXXXXXX   COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

________________________________________________________________

APPLICANT REQUESTS THAT:

The charges he has incurred for overweight shipment of household  goods
be voided.

________________________________________________________________

APPLICANT CONTENDS THAT:

He shipped his household goods from Mountain Home, Idaho to Alamogordo,
New  Mexico,  although  he  was  entitled  to  ship  them  to   Dracut,
Massachusetts, which is a much greater distance.  This  saved  the  Air
Force a lot of money.

His household  goods  were  handled  and  weighed  by  three  different
companies and the weight of his  household  goods  was  different  each
time.  The last two weights were both  much  higher  than  the  initial
weight he was given.  Additionally, he had numerous  items  broken  and
water damaged.  He believes that the overweight charges are due to  the
incompetence of the Traffic Management Office at Mountain Homes AFB.

The applicant’s complete submission, with attachments, is at Exhibit A.


________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in  the
evaluation prepared by the appropriate office of the Air Force found at
Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

JPPSO/CC recommends that the applicant’s records be  changed  to  state
the total excess cost charges due for the  household  goods  placed  in
temporary storage, line haul  charges  from  Mountain  Home,  Idaho  to
Alamogordo, New Mexico, and return of the incentive payment he received
for a Do-It-Yourself (DITY) move, a total of $3,127.50.

The Excess Cost Adjudication Function (ECAF) reviewed  the  applicant’s
case and determined that the applicant had shipped and stored  personal
property in excess of the prescribed weight allowance.  After  granting
the applicant 190 pounds for irreparably damaged  items  and  a  weight
reduction of 1378 pounds for packing materials, his proportionate share
of the  line  haul  cost  was  determined  to  be  $2,322.78.   It  was
determined that the applicant’s share of the cost for excess weight  in
storage was $491.94.  The applicant also moved 1450 pounds of household
goods under the DITY program  and  received  an  incentive  payment  of
$1,107.51.  Since the applicant exceeded his weight entitlement on  the
goods moved  by  the  government,  the  incentive  payment  had  to  be
recouped.  The applicant  was  given  credit  of  $100.17  for  amounts
previously paid leaving a total indebtedness of $3,822.06.

The excess cost incurred by the applicant was due to his exceeding  his
weight allowance.  The distance of the shipment was not a  factor.   He
is not entitled to  an  increase  in  weight  allowance  based  on  his
decision to ship his household goods a shorter distance.

Regarding the three different  weights  of  his  household  goods,  the
Comptroller General has ruled in similar cases  that  evidence  of  the
weight of household effects when placed in nontemporary storage is  not
determinative of the member’s liability because a  higher  weight  when
the goods are taken out of storage  may  be  due  to  several  factors,
including the use of different scales,  the  use  of  storage  material
which is not removed before shipping, and moisture absorption while  in
storage.  The Comptroller General concludes that the  probability  that
there was an error  in  the  weight  certificate  for  the  goods  when
delivered to storage is equal to the probability that an error occurred
in the weight of the goods when shipped to the requested destination.

The applicant received a  weight  credit  for  those  items  that  were
irreparably damaged or lost.  Weight credit does not apply to any  item
for which the member receives the cost of repairs.

Regarding the applicant’s household goods being placed  in  storage  in
transit after they were released from  nontemporary  storage,  the  TMO
realized that the applicant owed storage charges because  his  shipment
was overweight.  Since he was no longer in a pay status, they  put  the
shipment in temporary storage to collect the excess cost charges  prior
to shipping the property to the requested destination.

Since temporary storage is not normally authorized in conjunction  with
household  goods  being  transported  from  nontemporary   storage   on
separation  orders,  the  storage  in  transit  should  not  have  been
authorized.  For this reason, they think the  applicant’s  excess  cost
charges should be reduced by $694.56, the amount  associated  with  the
temporary storage.

The complete evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21
Jun 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.  Sufficient relevant evidence has been presented to demonstrate  the
existence of error or injustice.  The Board agrees with the opinion and
recommendation of JPPSO/CC to not charge  the  applicant  the  cost  of
placing his household goods in temporary  storage.   Additionally,  the
Board believes the applicant should receive the benefit  of  the  doubt
regarding the weight of his household goods and be assessed costs based
on the original lower net weight of 11,160 pounds  rather  than  13,780
obtained during the reweigh of his household goods.   This  results  in
the applicant owing a total  of  $2,484.40,  which  reflects  costs  of
$491.94 for excess nontemporary storage charges, repayment of $1,107.51
incentive payment received for a DITY move, and $884.95 for shipment of
excess weight totaling 2,060 pounds.  Giving the applicant  credit  for
$100.17 previously paid leaves a balance of $2,384.23.  While this does
not provide the applicant the total relief he seeks, the Board believes
it provides a fair assessment of the charges  owed  by  the  applicant.
Therefore, we recommend that the applicant’s records  be  corrected  as
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 total excess  cost
charges for household goods shipped under Special Order A-306, dated  9
December 1999 is $2,484.40 ($884.95  for  excess  weight,  $491.94  for
excess nontemporary storage charges, and $1,107.51  overpayment  for  a
DITY move).

_______________________________________________________________

The following members of the Board considered Docket Number 02-01449 in
Executive Session on 21 August 2002, under the provisions  of  AFI  36-
2603:

      Mr. Lawrence R. Leehy, Panel Chair
      Mr. Mike Novel, Member
      Ms. Marilyn Thomas, Member

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

     Exhibit A.  DD Form 149, dated 4 Nov 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, JPPSO/CC, dated 13 Jun 02,
                 w/atchs.
     Exhibit D.  Letter, SAF/MIBR, dated 21 Jun 02.




                                   LAWRENCE R. LEEHY
                                   Panel Chair

AFBCMR 02-01449


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 XXXXXXXx, XXX-XX-XXXX, be corrected to show that
the total excess cost charges for household goods shipped under
Special Order A-306, dated 9 December 1999 is $2,484.40 ($884.95
for excess weight, $491.94 for excess nontemporary storage charges,
and $1,107.51 overpayment for a DITY move).






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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