ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01053
INDEX CODE: 128.10
COUNSEL: NONE
HEARING DESIRED: Not Indicated
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed for charges he incurred resulting from exceeding his
maximum allowable weight limit.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant made a PCS move departing Yongsan, Korea on 6 Aug 01 and
arriving at Lackland AFB, TX on 8 Aug 01. He made two shipments of
personal property from Korea to San Antonio, TX. In addition, he made a
shipment of household goods (HHG) from Ogden, UT to San Antonio, TX. This
property remained in nontemporary storage during his tour in Korea. In a
prior application, the applicant requested that he be reimbursed for
charges he incurred as a result of non-receipt of his nontemporary storage
shipment. The Board found that because of the number of shipments made by
the applicant and number of phone calls made between him and the Traffic
Management Office the applicant had established that reasonable doubt
existed and recommended that his application be resolved in his favor. For
an account of the facts and circumstances surrounding his appeal and the
Board's decision, see the Record of Proceedings at Exhibit D.
In his most recent request, applicant states $1,031.48 was taken from his
pay. $621.49 was for the erroneous attempted delivery charges. He was
told that the remaining debt of $409.99 was due to excess weight costs. At
no time during any of his shipments was he overweight. He was in
attendance each time the carriers weight his shipments. In support of his
request, applicant provided a personal statement and documentation
associated with his notification of indebtedness. His complete submission,
with attachments, is at Exhibit E.
_________________________________________________________________
AIR FORCE EVALUATION:
JPPSO-SAT/ECAF recommends denial. JPPSO states the household goods
shipment from Korea had a net weight of 7,870 pounds, including 240 pounds
of professional books, papers, and equipment. The unaccompanied baggage
shipment from Korea to Texas had a net weight of 522 pounds. The household
shipment form Utah to Texas had a net weight of 4,520 pounds. Considering
the weight credits for packing materials and professional books, papers,
and equipment, he exceeded the prescribed weight allowance for his grade by
450 pounds, incurring the excess cost charge of $409.99. In accordance
with the Joint Federal Travel Regulation, he is financially responsible for
all transportation costs in excess of the authorized allowance. The JPPSO
evaluation is at Exhibit F.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 23 Jan
04, for review and comment within 30 days. As of this date, this office
has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After again reviewing this application and the additional evidence provided
in support of the appeal, we are not persuaded that further relief of his
indebtedness to the government is warranted. In his previous request, the
applicant requested he be relieved of charges incurred as a result of
nonreceipt of shipment charges. Giving the applicant the benefit of the
doubt, the Board granted his request. He now requests relief of the
portion of his debt resulting from exceeding his maximum weight allowance.
We carefully considered his request; however, we do not find his
contentions sufficiently persuasive to override the rationale provided by
the Air Force and adopt their rationale as basis for our conclusion that he
has not been the victim of an error or injustice. The evidence of record
shows he exceeded his maximum allowable entitlement for both the items he
shipped and exceeded the maximum allowable weight that was in storage and
partially delivered. In our opinion, that portion of his debt was
appropriately established as required by the Joint Federal Travel
Regulation, which implements the law. In the absence of evidence to the
contrary, we find no basis on which to favorably consider the requested
relief.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable material error or injustice; that the application
was denied without a personal appearance; and that the application will
only be reconsidered upon the submission of newly discovered relevant
evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 17 Feb 04, under the provisions of AFI 36-2603:
Ms. Olga M. Crerar, Panel Chair
Mr. Vaughn Schlunz, Member
Mr. John L. Robuck, Member
The following documentary evidence was considered:
Exhibit D. Record of Proceedings, dated 13 Aug 03, w/Exhibits.
Exhibit E. Applicant’s Letter, dated 17 Nov 03, w/atchs.
Exhibit F. Letter, JPPSO-SAT/ECAF, dated 146Jan 04.
Exhibit G. Letter, SAF/MRBR, dated 23 Jan 04.
OLGA M. CRERAR
Panel Chair
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