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AF | BCMR | CY2002 | BC-2002-02167
Original file (BC-2002-02167.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02167
            INDEX CODE:  128.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive full reimbursement for rental vehicle expenses he incurred  as  a
result of his do-it-yourself (DITY) move.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He elected to perform  a  DITY  move  because  he  was  briefed  by  Traffic
Management Office (TMO) personnel  that  he  would  be  reimbursed  for  all
rental vehicle and gas/oil expenses.   He  noticed  inconsistencies  between
the handouts he was  provided  by  TMO  counselors  and  returned  to  their
offices on three occasions to request clarification prior to his  move.   He
was assured on each occasion that the information he received  was  correct.
Based on that information, he made the decision to continue  with  the  DITY
move.  Once he completed the move and filed his travel voucher, he was  told
that the information he had been provided was incorrect.  As  a  result,  he
has now incurred a debt of  approximately  $3,500.   Had  he  been  properly
counseled, he would not have performed a DITY move.  The mistakes that  were
made were beyond his control and he should not  be  required  to  compensate
for those mistakes.

In support of his request, applicant provided documentation associated  with
his DITY move, documentation associated  with  his  Inspector  General  (IG)
complaint, receipts from the expenses he incurred; a copy  of  his  AF  Form
889, Request and Authorization for Permanent Change  of  Station  (PCS);  AF
Form 973, Request and Authorization for  Change  of  Administrative  Orders;
and, and email communication.  His complete  submission,  with  attachments,
is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  16  Jun  99.   He  has  been
progressively promoted to the grade of senior airman,  having  assumed  that
grade effective and with a date of rank of 16 Dec  01.   On  1  Oct  99,  he
departed PCS from Sheppard AFB, TX and arrived on station at Elmendorf  AFB,
AK on 21 Oct 99.

The applicant made a permanent change of station (PCS)  move  from  Sheppard
AFB, TX to Elmendorf AFB, AK.  His total expenses came to $4,626.92  and  he
was only reimbursed for $1,289.62.  Reimbursement  for  personally  procured
moves (PPM) is limited to  the  actual  cost  incurred  not  to  exceed  the
Government's constructed cost (GCC) for the weight moved up to the  member's
maximum authorized weight allowance, or a monetary allowance  equal  to  95%
of the GCC.  He elected the monetary allowance method.  He was advised  that
his maximum weight allowance was 7,000 pounds.   However,  after  the  move,
the incentive was figured  on  a  weight  allowance  of  1,500  pounds  that
resulted in reimbursement of $1,289.62.  At the time of  his  assignment  to
Elmendorf he was serving in the grade of  airman  basic  (E-1)  and  he  was
serving an unaccompanied tour.

_________________________________________________________________

AIR FORCE EVALUATION:

JPPSO/CC reviewed applicant's request and recommends partial relief.   JPPSO
states that in accordance with attachment 3, Air  Force  Supplement  to  the
Joint Federal Travel Regulation (JFTR), his  maximum  weight  allowance  was
500 pounds unaccompanied baggage by air or 700 pounds by surface.  The  fact
that he got  married  while  at  Elmendorf  has  no  effect  on  his  weight
allowance to that station.  A dependent acquired during the  course  of  the
current tour is an "acquired dependent."  Household goods  entitlements  are
fixed  on  the  effective  date  of  the  PCS  orders.   Acquired  dependent
entitlements  do  not  effect  household  goods  transportation  until   the
member's subsequent PCS move.   The  TMO  admittedly  made  a  mistake  when
advising him  about  his  authorized  weight  allowance.   However,  he  was
provided a handout that correctly advised him regarding  the  incentive  pay
that he would be entitled to.  His request for reimbursement includes  items
associated with travel such as travel insurance and lodging,  which  is  not
reimbursable under the PPM program.

His maximum authorized weight allowance is 700 pounds.  He  was  incorrectly
advised that his weight allowance was 7,000 pounds.  For this reason,  JPPSO
believes he has been the victim of  an  injustice  and  that  he  should  be
reimbursed the amount it would have cost the government for  the  amount  of
the weight he actually moved.

JPPSO indicates that considering all the  factors  involved,  the  applicant
was the victim of an injustice due to  miscounseling  provided  by  the  TMO
counselor.  If the Board concurs, it  may,  without  violating  public  law,
correct the records to show the 2,660 pounds that moved from  Vista,  CA  to
Elmendorf AFB, AK under  Special  Order  AD-13519,  dated  27  August  1999,
contained 1,890 pounds of professional books, papers, and equipment  (PBP&E)
and that government procured move of  2,600  pounds  is  authorized.   Total
authorized reimbursement is $2,487.10 minus the $1,289.62 previously paid.

The JPPSO evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  4  Oct
02 for review and comment within 30 days.  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 error or injustice.  We note that  the  applicant  performed  a
personally procured move and  incurred  expenses  of  $4,626.92.   Prior  to
performing the move he was counseled by  traffic  management  officials  and
was provided an entitlements handout.  He  noted  a  disparity  between  the
information he was provided by counselors and the information  contained  in
the handouts and on several occasions, sought clarification.  When he  filed
for reimbursement, he was advised that he  had  been  incorrectly  counseled
and he  was  only  authorized  reimbursement  of  $1,289.62.   He  made  the
decision  to  perform  his  DITY  move,  based  in  good  faith,  upon   the
information  provided  by  the  appropriate  Air  Force  officials  and  the
expenses he incurred were not a result of any act  or  misrepresentation  on
his part, but was the result of miscounseling.  The applicant is  requesting
relief in the amount of $4,626.92.  However, his total  expenses,  excluding
travel  insurance  and  lodging  which  are  not  reimbursable  expenses  in
accordance with the JFTR, totals $,4,533.79,  minus  the  $1,289.65  he  has
already received leaves a balance of $3,244.17.  We note that the Air  Force
recommends partial relief; however, in view of the fact that  the  applicant
was informed on several occasions that he was entitled to rent a vehicle  at
government expense, we believe that the reimbursable relief sought  in  this
application should be approved.  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 under Special  Order  AD-
13519, dated 27 August 1999, he was authorized  by  competent  authority,
the shipment of 3,399 pounds of professional books, papers, and equipment
(PBP&E).

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-02167  in
Executive Session on 20 Nov 02, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. John B. Hennessey, Member
      Mr. Robert S. Boyd, Member

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

    Exhibit A.  DD Form 149, dated 31 May 02, w/atchs.
    Exhibit B.  Letter, JPPSO/CC, dated 26 Sep 02.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Oct 02.




                             MICHAEL K. GALLOGLY
                                             Panel Chair

AFBCMR 02-02167




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 APPLICANT, be corrected to show that under Special Order AD-
13519, dated 27 August 1999, he was authorized by competent authority,
the shipment of 3,399 pounds of professional books, papers, and equipment
(PBP&E).








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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