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AF | BCMR | CY2004 | BC-2003-01035a
Original file (BC-2003-01035a.DOC) Auto-classification: Denied

                                 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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