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AF | BCMR | CY2004 | BC-2003-03906
Original file (BC-2003-03906.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03906
            INDEX NUMBER:  128.10
      XXXXXXXXXXXXXX   COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed credit for the shipment of professional books,  papers,
and equipment (PBP&E) in the shipment of his household  goods  (HHGs)
during a permanent change of station (PCS) move under Special Order A-
367, dated 14 Feb 01.

He be refunded the entire  amount  taken  from  his  pay  toward  his
indebtedness for shipment of excess HHGs.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The shipper of his HHGs did not properly annotate his  PBP&E  on  the
Government Bill of Lading (GBL).

His local Traffic Management Office did not question that  there  was
not an annotation in Block 28 of the GBL, PBP&E.

He failed to  notice  that  there  was  no  PBP&E  annotated  on  his
inventory and accidentally signed for delivery of his HHGs.

His original estimate of HHGs to be shipped indicated 1000 pounds  of
PBP&E.

His previous moves contained PBP&E weighing between  1000  and  2,230
pounds.

The  overall  evidence  in  his  case  supports  that   it   was   an
administrative oversight on his part causing no PBP&E to be  included
in his shipment.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a major serving on active duty.  He made a PCS  move
under  Special  Order  A-367,  dated  14  Feb  01.   The  applicant’s
authorized weight limit for shipment of  household  goods  is  14,500
pounds.  The household goods he shipped were determined to have a net
weight of 18,140 pounds.  The applicant incurred a debt for  shipment
of excess household goods in  the  amount  of  $1,859.69,  which  was
reduced to $1,554.48.

_________________________________________________________________

AIR FORCE EVALUATION:

JPPSO/ECAF recommends denial of the applicant’s request.  Because  so
many members who exceed their authorized weight allowance attempt  to
eliminate the charge by claiming PBP&E after the fact, after-the-fact
declaration of PBP&E is  prohibited  by  regulation.   Per  paragraph
2.1.4.2.5 of the Joint Federal Travel Regulation, Volume I, after the
fact declaration of PBP&E can only be accepted when a review  of  the
member’s case file contains documented intent to declare PBP&E.  This
includes the requirement the PBP&E was separately identified, marked,
and inventoried during the move in question.  When a member  declares
PBP&E and the carrier fails to record and weigh the items, credit may
be given if the traffic management office (TMO) documents  the  items
and weight upon delivery.

Review of the applicant’s HHG inventory and other shipping  documents
reveal that no items were identified as PBP&E during the shipment  in
question.   At no time  while  the  HHGs  were  in  storage  did  the
applicant attempt to correct  the  situation  by  identifying  PBP&E.
Only after the overweight charges were identified, more than  a  year
after the property was delivered, did the applicant go to the TMO  to
identify PBP&E items.  It is impractical to identify PBP&E items from
the inventory.  It appears they took the  inventory  and  marked  the
majority of items listed as books or clothing as PBP&E.  Usually  the
majority of books and clothing  in  a  shipment  are  personal  items
rather than PBP&E.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  on
30 Jan 04 for review and comment within 30 days.  To date, a response
has not been received.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to  demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of  the
applicant's complete submission in judging the merits  of  the  case;
however, we agree with the opinion  and  recommendation  of  the  Air
Force office of primary responsibility and adopt their  rationale  as
the basis for our conclusion that the  applicant  has  not  been  the
victim of an error  or  injustice.   Therefore,  in  the  absence  of
evidence to the contrary, we find no compelling  basis  to  recommend
granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of 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 Docket Number  BC-2003-
03906 in Executive Session on 1 April 2004, under the  provisions  of
AFI 36-2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Ms. Martha A. Maust, Member
      Mr. Vance E. Lineberger, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, JPPSO/ECAF, dated 22 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jan 04.




                                   ROSCOE HINTON, JR.
                                   Panel Chair

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