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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