RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-03390

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed for the cost of shipping his privately owned  vehicle
(POV) at personal expense.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was advised by the traffic management office (TMO)  at  Spangdahlem
Air Base (AB), Germany, that he could ship  his  vehicle  at  personal
expense and be reimbursed up to what it would cost the  government  to
ship the vehicle.

In support of his appeal, the applicant provided an expanded statement
and a copy of his permanent change of station (PCS) orders.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
technical sergeant, having been promoted to that grade on  1  Nov  97.
His Total Active Federal Military Service Date (TAFMSD) is 12 Oct 83.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force.

_________________________________________________________________

AIR FORCE EVALUATION:

JPPSO-SAT/ECAF recommended denial noting that the applicant made a PCS
move from Spangdahlem AB, Germany to Cannon Air Force Base (AFB),  New
Mexico.  In conjunction with his PCS, he shipped a POV from Germany to
the east coast at Baltimore, Maryland.  However, he did  not  use  the
military channel designated for shipping  POVs.   He  used  a  private
company at personal expense.  After arriving at Cannon AFB, he applied
for reimbursement of the POV shipping charges and was advised  he  was
not entitled to the reimbursement cost.

According to JPPSO-SAT/ECAF,  the  Joint  Federal  Travel  Regulations
(JFTR), Paragraph U5405, provides that transportation of a POV may  be
authorized for a member when ordered  to  make  a  PCS  to,  from,  or
between Outside the Continental United States (OCONUS) stations.   The
Military Traffic Management Command (MTMC) is the executive agent  for
the Department of the Defense (DoD)  surface  passenger  and  personal
property program.  MTMC manages and works with  contractors  who  move
household goods and vehicles for all DoD service members.   Designated
vehicle processing centers are established for the turn-in and  pickup
of service member’s POVs for all OCONUS locations.

JPPSO-SAT/ECAF indicated that it appears the applicant  chose  not  to
have the government ship his POV for personal conveniences.  Paragraph
U5425B, JFTR, states an eligible member, who has not transported a POV
at government expense incident to a PCS, is entitled to  reimbursement
for the expense incurred when personally procured  POV  transportation
was based on erroneous advice of a representative of  the  Government.
They contacted the TMO at Spangdahlem AB and  they  vehemently  denied
they advised the applicant he could ship his POV at  personal  expense
and be reimbursed for the expense.

In  addition  to  shipping  his  POV  at  personal   expense   without
authorization from the TMO, the applicant did not use a United  States
(U.S.) flag vessel to ship the POV.  In accordance with the JFTR,  for
the transportation of persons/property, U.S.  flag  vessels  shall  be
used except when U.S.  flag  vessels  use  would  seriously  interfere
with/prevent the performance of official business or  when  U.S.  flag
vessels are not available.  In either case,  the  transportation/other
appropriate officers must authorize/approve the use of a foreign  flag
vessel and provide documentation explaining why U.S. flag vessels  are
unavailable.  Appropriate documentation must be provided to the member
to justify reimbursement.  The documentation must  be  submitted  with
the travel voucher requesting reimbursement.

In JPPSO-SAT/ECAF’s view, the applicant did not provide  any  evidence
to support a probable error by transportation personnel.  Their review
of the case indicated  that  he  elected  to  return  the  vehicle  at
personal expense for his personal convenience.  Also,  he  elected  to
use a foreign flag carrier without a letter of authorization from  the
TMO stating U.S. flag carriers were not available.

A complete copy of the JPPSO-SAT/ECAF evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated that he was briefed that he would  be  reimbursed
for the cost of shipping his vehicle, and that he was never briefed on
the use of a U.S. flagship.

He also indicated that personal convenience was not the only reason he
had for shipping his car himself.  Due to military delays, he did  not
receive his orders until 30 days prior to his  port  call.   Since  he
only had one vehicle, and the military shipping time was 90  days,  he
would have arrived at his new  duty  station  without  transportation.
Taking the time to shop for a second vehicle  would  have  taken  time
away from his inprocessing and  delayed  his  reporting  to  his  duty
section.

Applicant’s complete response is at Exhibit D.

_________________________________________________________________

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.  The evidence of record  reflects  that  in
conjunction with his PCS, the applicant shipped his POV  from  Germany
to Maryland, using a  private  company  at  personal  expense.   After
arriving at his new duty station, he applied for reimbursement of  the
POV  shipping  charges,  but  was  advised  he  was  not  entitled  to
reimbursement.   The  applicant  contends  that  he  was  advised   by
transportation personnel that he could ship his  vehicle  at  personal
expense and be reimbursed up to what it would cost the  government  to
ship  the  vehicle.   After  a  thorough  review  of  the  facts   and
circumstances of this case, we are of the opinion that  the  applicant
may have been erroneously advised regarding the shipment of his POV at
personal expense.  In our view, it  is  unlikely  that  the  applicant
would have incurred the personal expense of shipping his vehicle if he
did not believe he would be reimbursed  the  cost  of  doing  so.   In
addition, it appears that the applicant may have saved the  government
by personally procuring transportation for his POV.  In  view  of  the
foregoing, and to remove the possibility of an injustice,  we  believe
any doubt regarding this matter should be resolved  in  favor  of  the
applicant.  Accordingly, we recommend that the applicant’s records  be
corrected as set forth below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that  competent  authority
approved the shipment of his privately owned vehicle (POV) at personal
expense and  that,  due  to  the  non-availability  of  United  States
registered carriers, the use of a foreign flag carrier was authorized;
and, in accordance with the Joint Federal Travel  Regulations  (JFTR),
paragraph U5425B, he is entitled to  reimbursement  for  the  expenses
incurred for the personally procured transportation of his POV.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
03390 in Executive Session on 25 Mar 03, under the provisions  of  AFI
36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Ms. Ann-Cecile McDermott, Member
      Mr. James A. Wolffe, Member

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

     Exhibit A.  DD Form 149, undated, w/atchs.
     Exhibit B.  Letter, JPPSO-SAT/ECAF, dated 22 Jan 03, w/atch.
     Exhibit C.  Letter, SAF/MRBR, dated 31 Jan 03.
     Exhibit D.  Letter, applicant, dated 18 Feb 03.





                                   ROBERT S. BOYD
                                   Panel Chair










AFBCMR 02-03390




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 competent authority
approved the shipment of his privately owned vehicle (POV) at personal
expense and that, due to the non-availability of United States
registered carriers, the use of a foreign flag carrier was authorized;
and, in accordance with the Joint Federal Travel Regulations (JFTR),
paragraph U5425B, he is entitled to reimbursement for the expenses
incurred for the personally procured transportation of his POV.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency