RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-01823
                                        INDEX CODE:  128.02
  XXXXXXXXXXXXXXXX                      COUNSEL:  NONE

  XXXXXXXXXXXX                          HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The excess unaccompanied baggage (UB) costs for shipment  of  his  household
goods (HHG) be corrected to eliminate costs of professional  books,  papers,
and equipment (PBP&E) and the remaining excess costs be waived.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His bill for exceeding his UB weight allowance should be  credited  for  360
pounds of PBP&E shipped in his household goods for his permanent  change  of
station (PCS) from Camp Smith, Hawaii,  to  Aviano  Air  Base,  Italy.   The
remaining portion of his bill should be credited because it is  unjust  that
the  Joint  Federal  Travel  Regulation  (JFTR)  does  not  accommodate  his
particular circumstances requiring extra  UB  as  a  result  of  moving  his
family from Hawaii to Italy.  He  saved  the  government  $2,155.51  by  not
moving twice in two months.

In support of his application, the applicant submits a personnel  statement,
a copy of his retirement order,  copies  of  his  travel  vouchers,  several
copies  of  Travel  Voucher  Summaries,  and  copies  of   e-mail   messages
concerning his pay discrepancy.  The applicant’s complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the military personnel data system (MilPDS), the  applicant  is
currently serving on active duty in  the  grade  of  colonel  with  a  Total
Active Federal Military Service Date (TAFMSD) of  26  September  1975.   Per
Special Order AB-1149, dated 18 June 1999, the applicant  made  a  PCS  move
from Camp Smith, Hawaii, to Aviano  Air  Base,  Italy  in  July  1999.   The
applicant made three shipments of personnel property from  Hawaii  to  Italy
in conjunction with his PCS.  The three shipments consisted  of  a  shipment
of UB with a net weight of 2,475  pounds  moved  under  Government  Bill  of
Lading (GBL) AP-296912, a shipment  weighing  1,159  pounds  under  GBL  ZP-
891683, and an 8,622-pound shipment under GBL AP-296928.  The applicant  was
billed $7,936.48 for exceeding his UB weight allowance of 1,500 pounds.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

JPPSO-SAT/ECAF recommends denial of the applicant’s  request.   ECAF  states
that the applicant did not comply with the regulatory requirements  to  have
his PBP&E separately packed and identified as such on  appropriate  shipping
documents nor did he have the transportation office verify  that  his  PBP&E
was included in the shipment at the time of delivery.  Due to  the  frequent
requests for PBP&E once members are notified of  excess  weight,  after-the-
fact  declaration  of  PBP&E  is  prohibited.   The  applicant’s  UB  weight
allowance was determined based on his grade at the time of his PCS.  He  was
allowed 800 pounds for himself and 175 pounds for each  dependent  12  years
of age or older.  His PCS orders listed two dependents over the age  of  12;
therefore, his authorized UB weight allowance to  Italy  was  1,500  pounds.
His actual combined UB weight from Hawaii to Italy was  3,608  pounds.   The
applicant does not allege he was unaware of  the  UB  weight  authorization.
In fact, the applicant states he made  a  conscious  decision  to  place  an
extra amount of items in  the  baggage  shipment.   Thus,  additional  cost,
above that authorized was expended to transport the goods by  premium  (air)
mode.  Per paragraph U5340-A, JFTR, the member  is  financially  responsible
for all transportations costs arising from the transportation  of  goods  in
excess of the authorized  weight  allowance.   Additionally,  the  applicant
states his son did not accompany him on his  PCS  assignment  to  Italy  but
remained in Hawaii to attend college.  If this is the case,  the  authorized
UB allowance must be reduced  by  350  pounds.   Members  are  authorized  a
dependents baggage allowance only for those dependents  who  accompany  them
on the OCONUS assignment.  The JPPSO-SAT/ECAF evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he does not dispute the ECAF  evaluation.   He  is
requesting he be granted the 360 pounds of PBP&E.  Although  his  PBP&E  was
not marked on the inventory, he feels he  meets  documented  intent  because
the boxes were packed separately in  his  office  in  Hawaii  and  delivered
separately to  his  office  in  Italy.   With  regard  to  relief  from  the
provisions of the Air Force Supplement to the JFTR, he is requesting  either
a waiver of the excess cost  incurred  in  his  unique  circumstance  and/or
waive the cost equalization prohibitions.  He was authorized  18,000  pounds
of shipment of household goods (HHG)  and  only  used  approximately  12,000
pounds including his hold baggage.  He was unaware and was  never  counseled
that he  could  split  his  HHG  into  two  shipments.  The  JFTR  does  not
distinguish  between  short-distance  hold-baggage  requirements  and  those
required to move halfway around the world (when HHG doesn’t  arrive  for  at
least four months).  Excess costs multiply greatly when  computed  at  these
distances.  His son joined them in Italy at the end of the school year.   It
would be unreasonable for him to fly from Italy to Hawaii after  the  school
year just to help his son with TMO requirements; so some of his  son’s  hold
baggage was  shipped  with  the  family’s  hold  baggage.   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 not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

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, we believe that the applicant is the victim of  an  injustice
and that some relief is warranted.  We note the applicant  would  have  been
entitled to an allowance of 360 pounds for shipment of PBP&E had  his  boxes
been properly marked and identified on the shipping  invoice.   Since  boxes
5, 6, and 7 on the shipment inventory were identified as having been  packed
and accepted  for  shipment  from  the  applicant’s  office  in  Hawaii  and
delivered to his office in Italy, we believe it is safe to assume  that  the
boxes were, in fact, PBP&E.  Therefore, we  feel  the  applicant  should  be
given credit for shipment of 360 pounds of PBP&E.   As  to  the  applicant’s
request for relief of the debt incurred by exceeding the shipping  allowance
for HHG, we find no evidence that the applicant was miscounseled  concerning
shipment  of  his  household  goods  nor  find  that  he  was  treated   any
differently than any other individual in his same situation.   We  feel  the
applicant is responsible  for  the  debt  incurred;  however,  we  note  the
applicant was entitled to an additional  move  from  temporary  quarters  to
permanent quarters in Italy, but opted  not  to  utilize  this  entitlement.
The Aviano, Italy  TMO  states  that  the  applicant  saved  the  government
$2155.51  by  not  taking  the  additional  move,  therefore,  we  feel  the
applicant’s debt for shipment of excess weight  should  be  reduced  by  the
amount of the government savings.  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 granted credit towards  his  debt  for  360
pounds of PBP&E and his outstanding debt be reduced by $2155.51, the  amount
he saved the government.  Since we do not have the authority to waive  debts
over $1500, we propose a reduction of  the  unaccompanied  baggage  shipment
weight under GBL ZP-891683, dated 7 June 1999, by 1000 pounds of PBP&E  (360
pounds recommended by the traffic manager at Aviano AB, IT  and  640  pounds
to reduce the excess costs charges by $2,155.51) in  order  to  achieve  the
relief we believe appropriate in this case.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that the Government  Bill  of  Lading  ZP-
891683, dated 7 June 1999, was amended to show he  was  authorized  shipment
of 1000 pounds of professional books, papers and equipment (PBP&E).

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 9 October 2003, under the provisions of AFI 36-2603:

      Mr. Gregory H. Petkoff, Panel Chair
      Ms. Dorothy P. Loeb, Member
      Mr. James A. Wolffe, Member

All members voted to correct the records, as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2003-01823 was considered:

    Exhibit A.  DD Form 149, dated 6 May 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, JPPSO-SAT/ECAF, dated 28 Jul 03.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Aug 03.
    Exhibit E.  Letter, Applicant’s Review, dated 29 Jul 03.




                                   GREGORY H. PETKOFF
                                   Panel Chair



AFBCMR BC-2003-01823




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 XXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that the
Government Bill of Lading ZP-891683 dated 7 June 1999, was amended to show
he was authorized shipment of 1000 pounds of professional books, papers
and equipment (PBP&E).





JOE G. LINEBERGER

Director

Air Force Review Boards Agency