RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-02023
                                        INDEX CODE:  128.02
  XXXXXXXXXXXXXXX                       COUNSEL:  NONE

  XXXXXXXXXXXX                          HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His excess weight charge on his final  Permanent  Change  of  Station  (PCS)
move be eliminated due to errors by the moving company.   He  be  reimbursed
for the amount he has already paid ($3,751.60) and, he be  excused  for  the
outstanding balance ($4,718.70).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The carrier failed to record his professional books, papers,  and  equipment
(PBP&E).  He did everything that was required of him.  He  failed  to  catch
the error on the inventory, but he trusted  the  contractor  to  follow  the
required procedures.  The contractor did not afford  him  adequate  time  to
thoroughly inspect the 44 pages of inventory, and  even  if  the  error  had
been caught, it was too late to do anything about it.  It  wasn’t  until  23
October 2002, when he received a bill for excess weight,  that  he  realized
there was a problem.

In support of his application, the applicant submits a personnel  statement;
and copies of  his  retirement  order,  Government  Bill  of  Lading  (GBL),
documentation concerning his excess  weight  debt,  a  memorandum  from  the
moving  company,  inventory  documentation,  an  excerpt  from  the  Defense
Transportation Regulation (DTR), and an ECAF memorandum dated 14  May  2004.
The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the military personnel  data  system  (MilPDS),  the  applicant
served  25  years  and  11  days  of  active  military  service.    He   was
progressively promoted  to  the  rank  of  lieutenant  colonel  effective  1
November 1992.  MILPDS reflects the applicant retired  effective  1  October
2001.

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  waiver  request.   ECAF
states that the applicant,  in  conjunction  with  his  retirement,  made  a
shipment  of  household  goods  (HHG)  from   Yellow   Springs,   Ohio,   to
Bentonville, Iowa.  The shipment  moved  under  GBL  AP-867455  with  a  net
weight of 36,740 pounds.  The  applicant  also  requested  full  replacement
insurance for his shipment in the amount  of  $798.70.   The  applicant  was
billed $9,269.00 in excess  weight  charges  for  exceeding  the  authorized
weight  allowance  of  17,500  pounds  and  for  the   increased   valuation
insurance.

ECAF states that a member  is  authorized  PBP&E  transportation,  when  the
member certifies the PBP&E as necessary for official duty.  The  PBP&E  must
be declared at origin  and  documented  in  accordance  with  transportation
policy and procedures.  The  Air  Force  Supplement  to  the  Joint  Federal
Travel Regulation (JFTR) stipulates that when a member declares  PBP&E,  the
items must meet the criteria of PBP&E as defined in Appendix A of  the  JFTR
and the PBP&E must be  separately  packed,  marked,  weighed,  and  a  clear
description of articles entered on the carrier’s HHG inventory  prepared  at
the time of pickup.  If it isn’t possible or practical to  weigh  the  PBP&E
at origin, the constructive weight of 40 pounds per cubic foot applies.   In
either event, actual or constructive weights of each inventoried  item  must
be entered on the inventory.

ECAF states at the time of his shipment, the applicant  estimated  he  would
have 12,000 of PBP&E to include in his shipment.  However, no items  in  the
shipment were identified as PBP&E.  The shipment went into  storage  for  20
days at destination prior to delivery to residence.  The applicant  did  not
contact the Traffic Management Office  (TMO)  at  destination  to  have  the
PBP&E documented at the time of delivery.  When the applicant  received  the
notice of indebtedness for excess  weight,  he  contacted  the  carrier  and
requested they  provide  a  statement  regarding  his  PBP&E.   The  carrier
provided  a  letter  stating   they   estimated   the   shipment   contained
approximately 22,145 pounds of PBP&E.  Since the letter  was  provided  more
than six months following the delivery of the shipment, ECAF  contacted  the
carrier, only to discover that the carrier  representative  who  signed  the
statement  was  not  familiar  with  the  shipment  and  that  she,  at  the
applicant’s request, identified items of PBP&E  on  the  inventory  per  his
request.  Items identified as PBP&E included  numerous  filing  cabinets,  a
fireproof safe, three steel cabinets, a cube shelf  unit  consisting  of  69
cubes, several desk, multiple metal shelving units, bookcases, metal  racks,
and other items of furniture.  As defined in Appendix A of the  JFTR,  these
items don’t qualify as PBP&E.  The definition  excludes  office,  household,
or shop fixtures or furniture (such as bookcases, file cabinets, and  racks)
of any kind, even when used in connection with the PBP&E.

ECAF states that many members, when notified of overweight charges,  request
after-the-fact declaration of PBP&E in order  to  reduce  or  eliminate  the
indebtedness.  For this reason, regulations limit the use of  after-the-fact
declaration of PBP&E.  In accordance with the Air Force  Supplement  to  the
JFTR, paragraph 2.1.4.2.5, 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.  Documented intent includes a requirement that  the  PBP&E
was separately identified,  marked,  and  inventoried  during  the  move  in
question.  In this case, reviews of the inventories  reveal  there  were  no
items identified as PBP&E during the move.

It is ECAF’s opinion that the applicant was aware  of  the  requirements  of
having PBP&E identified and separately  packed  because  he  had  a  similar
request for PBP&E after-the-fact credit from a shipment in  1997.   In  view
of the above, it is ECAF’s opinion that the applicant’s request  for  after-
the-fact PBP&E credit should be denied.  The  JPPSO-SAT/ECAF  evaluation  is
at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  states  that  he  did  not  receive  a  fair  and  impartial
evaluation by JPPSP-SAT/ECAF.  Following  receipt  of  ECAF’s  14  May  2004
letter, he contacted the letter’s author and  was  advised  he  had  a  very
strong case to appeal to the Air Force Board  for  Corrections  of  Military
Records.  The Air Force advisor told him he should not be  held  accountable
for the carrier’s errors or the fact that TMO did not come out to  do  their
job at either end of the move to inspect documentation, especially based  on
the size of the move.  ECAF even provided him with the  necessary  paperwork
to appeal to the Board.  Now, ECAF is on the other side  of  the  fence,  in
essence saying he has a weak case.  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 a probable injustice warranting partial relief.  We can  detect
no error in the actions taken to establish the applicant’s debt for his  HHG
shipment  in  connection  with  his  retirement;  however,  based   on   the
possibility of an injustice we feel that  some  relief  is  warranted.   The
applicant asserts, among other things, that he was not  given  a  sufficient
opportunity to inspect  the  extensive  inventory  of  his  household  goods
shipment.  This may be true and we are prepared to give  the  applicant  the
benefit of the doubt with respect to this contention.   Nevertheless,  based
on the fact that he was an experienced officer who  has  made  previous  HHG
shipments during his lengthy career, coupled with his failure to  accomplish
all tasks required of him during his retirement move,  we  believe  that  he
must bear a large portion of the  responsibility  for  the  debt.   We  have
verified that the applicant was previously  approved  for  7,800  pounds  of
PBP&E in his 1997 permanent change of station  (PCS)  move  and  believe  it
reasonable to assume the applicant was still in possession  of  that  amount
of PBP&E at the time  of  his  retirement.   Therefore,  by  correcting  the
applicant’s records in the following manner, it is our opinion  he  will  be
afforded proper and fitting  relief  based  on  the  circumstances  and  the
evidence presented in this case.

_________________________________________________________________

THE BOARD DETERMINES 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  AP-
867455 dated 30 April 2001, was amended to show he was  authorized  shipment
of 7,800 pounds of professional books, papers and equipment (PBP&E).

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 14 October 2004, under the provisions of AFI 36-2603:

            Mr. Thomas S. Markiewicz, Chair
            Mr. John B. Hennessey, Member
            Mr. Alan A. Blomgren, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2004-02023
was considered:

     Exhibit A.  DD Form 149, dated 21 Jun 04, with atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, JPPSO-SAT/ECAF, dated 3 Aug 04.
     Exhibit D.  Letter, SAF/MRBR, dated 13 Aug 04.
     Exhibit E.  Letter, Applicant’s Review, dated 18 Aug 04.



                                  THOMAS S. MARKIEWICZ
                                  Chair


AFBCMR BC-2004-02023




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 XXXXXXXXXXXXXXXX, be corrected to show that the Government Bill
of Lading AP-867455 dated 30 April 2001, was amended to show he was
authorized shipment of 7,800 pounds of professional books, papers and
equipment (PBP&E).





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency