RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-00761
                                        INDEX CODE:  128.02
  XXXXXXXXXXXXXXX                       COUNSEL:  NONE

  XXXXXXXXXXX                           HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed in the amount of $1,193 for the shipment of  his  privately
owned vehicle (POV) in conjunction with  his  permanent  change  of  station
(PCS) from Eglin AFB, FL to Ramstein AB, Germany in October 2002.   He  also
be reimbursed for his daughter’s mileage (667 miles) from Ft  Walton  Beach,
FL to Jacksonville, FL.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He intended to ship both of his POVs to Germany for his PCS.   He  paid  for
the expense of shipping his first  vehicle.   His  intention  was  that  the
government would pay for  shipment  of  his  second  POV.   His  family  was
delayed joining him in Germany due to medical  problems,  delaying  shipment
of  the  second  vehicle.   By  the  time  the  family  received  a  medical
clearance, his second vehicle had developed serious mechanical problems  and
was unsuitable for shipment to Germany.  He believes the  government  should
reimburse him for the shipment of the first vehicle since he  did  not  ship
the second vehicle.

In support of his application, the applicant submits a  personal  statement,
a copy of his PCS order with amendments, a copy of his  Bill  of  Lading,  a
copy  of  an  international  money  order,  a  copy  of  an  e-mail  between
USAFE/LGTT and AF/ILGT, and a copy  of  an  e-mail  between  USAFE/LGTT  and
USAFE/LG.  The applicant’s complete  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the military personnel data system (MilPDS), the applicant  has
a total active federal military service date (TAFMSD) of 24 September  1981.
 He was progressively  promoted  to  the  rank  of  master  sergeant  (E-7),
effective 3 December 1999.  His current date of  separation  is  22  October
2005.

Per Special Order A-1541, dated 24 September 2002, the applicant made a  PCS
move from Eglin AFB, FL  to  Ramstein  AB,  Germany  in  October  2002.   He
elected to pay $763 to ship his POV from Jacksonville,  FL  to  Bremerhaven,
Germany at personal expense.  He also paid an additional $430  to  transport
the vehicle from Bremerhaven to Ramstein AB.

_________________________________________________________________

AIR FORCE EVALUATION:

JPPSO-SAT/ECAF recommends denial of the applicant’s request.  It  is  ECAF’s
opinion that the applicant does not meet the burden of  establishing  he  is
the victim of an error or injustice caused by  either  a  representative  of
the government or a government entity.  The applicant was correctly  advised
that he was entitled to have one vehicle shipped to  Germany  at  government
expense.  At his discretion, the applicant elected to ship  his  vehicle  at
personal expense because he wanted to reserve  the  entitlement  to  ship  a
second vehicle at a later date.  However, the applicant  later  elected  not
to use the  entitlement  to  ship  the  second  vehicle.   Members  are  not
reimbursed for  entitlements  they  elect  not  to  use.   Additionally,  it
appears the applicant used a foreign flag vessel to  transport  his  POV  to
Germany.  When U.S. flag vessels are not available  to  transport  personnel
or  cargo,  the   transportation   or   other   appropriate   officer   must
approve/authorize  foreign  flag  vessel  use.   When   foreign   registered
carriers are used, documentation explaining why U.S.  Flag  carrier  service
is not available must be provided to the member and must be attached to  the
request for reimbursement.

Regarding the 667-roundtrip miles to Jacksonville, FL his  daughter  had  to
drive to turn the vehicle in for shipment,  the  vehicle  processing  center
for members assigned to Eglin AFB, FL who wish to  ship  POV  at  government
expense is located at New Orleans, LA, a distance of 250 miles.  The  JPPSO-
SAT/ECAF advisory is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant claims he was not fully counseled on all options for  shipping
a POV at personal expense, and not advised of the requirement to use a  U.S.
Flag carrier.  The applicant states the Eglin AFB Traffic Management  Office
(TMO) counseled him that  he  was  only  allowed  to  ship  one  vehicle  at
government expense.  Any additional vehicles would  be  at  the  applicant’s
expense.  He claims there was no mention  that  if  he  could  not  use  his
government  entitlement  on  the  second  vehicle  that  he  could  not   be
reimbursed for his personally procured POV shipment on  his  first  vehicle.
He points out that the  $1,193  shipment  reimbursement  he  is  seeking  is
$2,010 less than the $3,203 the government would have paid for  shipment  of
his POV.  He recognizes that he did not ship  his  vehicle  at  the  closest
vehicle-processing center to his duty station, but he did so because it  was
the closest vehicle-processing center to where the vehicle was located.   He
respectfully requests  favorable  consideration  of  his  request  based  on
extenuating circumstances beyond his control and incomplete counsel  by  the
TMO.  The applicant’s rebuttal is at Exhibit E.

_________________________________________________________________

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 warranting corrective  action.   Even  though  the
evidence does not establish that the actions taken by  Air  Force  officials
were improper based on the applicant’s initial plans at the time of his  PCS
reassignment or that he was provided misleading  or  incomplete  information
as he has alleged, after considering the totality  of  the  evidence  before
us, we believe that the applicant is the victim of  an  injustice  and  that
some relief is warranted.  The applicant planned to ship a  vehicle  at  his
own expense and use his entitlement to ship a POV at government expense  for
a second vehicle at a later date to allow for the use of the second  vehicle
by his family, who were delayed in the CONUS by medical  problems  prior  to
joining him at the overseas  location.   Due  to  circumstances  beyond  his
control, the second vehicle  became  unsuitable  for  shipment.   Since  the
applicant was entitled to one government funded POV  shipment,  in  view  of
the circumstances of this case, i.e.,  the  delay  by  his  family’s  travel
because of medical reasons and the necessity for the second vehicle  because
of the size of his family, we  believe  fairness  dictates  the  records  be
corrected to show he used his POV shipping entitlement as set forth  in  the
Joint Federal Travel Regulations  to  ship  the  first  vehicle,  the  Chevy
Blazer.  As to the applicant’s request for reimbursement for the mileage  of
this vehicle, we concur with the JPPSO-SAT/ECAF assessment and  are  of  the
opinion that the applicant should be reimbursed for the mileage to  get  the
vehicle to the POV  port  or  vehicle  processing  center  serving  the  old
permanent duty station, since it appears that he would  have  been  entitled
to reimbursement of that amount had he elected to ship the Chevy  Blazer  at
government expense.  In short, it is our opinion  that  proper  and  fitting
relief given the totality of the circumstances of this  case  would  be  for
the applicant to be reimbursed in the amount he would have received  had  he
been authorized to ship his vehicle via foreign flag carrier  from  his  old
duty location to his overseas assignment.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show  that  on  24  September  2002,  competent
authority  issued   “Statements   of   Non-availability”   indicating   that
government or government-procured transportation and American Flag  carriers
were not available for shipment of his  Privately  Owned  Vehicle  (POV)  in
connection with his reassignment from Eglin AFB,  Florida  to  Ramstein  AB,
Germany, and he was authorized to purchase transportation for his POV  on  a
Foreign Flag carrier; and, he is entitled to  reimbursement  for  personally
procured transportation of his POV in  accordance  with  the  Joint  Federal
Travel Regulations (JFTR), paragraph U5425-B.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 18 June 2003, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. Wayne R. Gracie, Member
      Mr. Billy C. Baxter, Member

The following documentary evidence for AFBCMR Docket  Number  BC-2003-00761
was considered:

    Exhibit A.  DD Form 149, dated 31 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, JPPSO-SAT/ECAF, dated 20 Mar 03.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Mar 03.
    Exhibit E.  Letter, Applicant’s Review, dated 23 May 03.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair



AFBCMR BC-2003-00761




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, XXXXXXXX, be corrected to show that on 24 September
2002, competent authority issued “Statements of Non-availability”
indicating that government or government-procured transportation and
American Flag carriers were not available for shipment of his Privately
Owned Vehicle (POV) in connection with his reassignment from Eglin AFB,
Florida to Ramstein AB, Germany, and he was authorized to purchase
transportation for his POV on a Foreign Flag carrier; and, he is entitled
to reimbursement for personally procured transportation of his POV in
accordance with the Joint Federal Travel Regulations (JFTR), paragraph
U5425-B.






JOE G. LINEBERGER

Director

Air Force Review Boards Agency