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AF | BCMR | CY2004 | BC-2004-02111
Original file (BC-2004-02111.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-02111
                                        INDEX CODE:  128.02
  XXXXXXXXXXXXXXX                       COUNSEL:  NONE

  XXXXXXXXXX                            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed in the amount of $948 for the  shipment  of  his  privately
owned vehicle (POV)  in  conjunction  with  his  retirement  from  Honolulu,
Hawaii to Los Angeles, CA.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Under his retirement orders, he and his wife departed Honolulu,  HI,  on  26
March 2004.  They owned two  POVs  and  intended  to  ship  them  both  from
Hawaii.  At their own expense, they shipped one vehicle  on  9  March  2004.
The early shipment ensured they had a vehicle waiting for them at  the  port
in Los Angeles so they  could  drive  to  their  destination  in  Utah.   He
arranged to ship his second vehicle through  the  Travel  Management  Office
(TMO) at Hickam AFB, HI, at government expense on or about  26  March  2004.
The delayed shipment allowed them to avoid the expense of a rental  car  for
their transportation before departing Honolulu.  However, they  accepted  an
offer to sell their second vehicle a few days prior to their departure.

He did not ship a vehicle at government expense using  his  orders,  as  was
his entitlement.  He used  the  same  company  to  ship  his  POV  that  the
government uses to transport motor vehicles from Honolulu  to  Los  Angeles;
however, he paid less than the government  contract  would  have  cost.   He
believes the government should reimburse him for the shipment of  the  first
vehicle since he did not ship the second vehicle.

In support  of  his  application,  the  applicant  submits  a  copy  of  his
retirement order, his spouse’s travel order, and  a  copy  of  the  Bill  of
Lading for shipment of his privately owned vehicle  from  Honolulu,  HI,  to
Los Angeles, CA.  The applicant’s complete submission, with attachments,  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the applicant’s retirement order, he was released  from  active
duty on 29 February 2004 and retired effective 1 March 2004 in the grade  of
lieutenant colonel.  He served 23 years, 8 months, and  10  days  on  active
duty.

Per Special Orders AC-002996, dated 23 December 2003  and  AR-094,  dated  3
February 2004, the applicant moved from Waipahu, HI,  to  Highland,  UT,  in
conjunction with his retirement.  He elected to pay $948  to  ship  his  POV
from Honolulu, HI, to Los Angeles, CA, at personal expense.

_________________________________________________________________

AIR FORCE EVALUATION:

JPPSO-SAT/ECAF recommends denial of the applicant’s request.  It  is  ECAF’s
opinion that the applicant does not meet the burden of  establishing  he  is
the victim of an error or injustice caused by  either  a  representative  of
the government or a government entity.  ECAF states that the  applicant,  at
his own discretion, elected to ship his vehicle at personal expense  because
he wanted to reserve the entitlement to ship a second  vehicle  at  a  later
date.  He made the appropriate arrangements to ship the vehicle through  the
Traffic Management Office at  government  expense;  however,  prior  to  the
shipment date, he sold the vehicle and cancelled the shipment.  Members  are
not reimbursed for entitlements they elect not to use.   The  JPPSO-SAT/ECAF
advisory is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s spouse responded through  their  congressional  member  that
the Air Force’s recommendation to deny their appeal makes no  sense  because
to reimburse them would cost the government less than had they paid for  the
authorized shipment of their vehicle.  They feel their claim is a  fair  and
reasonable request.  The applicant’s rebuttal is at Exhibit D.

_________________________________________________________________

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 probable error or injustice.  After reviewing the  evidence  of
record, the Board is not persuaded that the applicant has  been  the  victim
of an error or injustice.  The  applicant  has  provided  no  evidence  that
would lead us to believe that he was not given the  opportunity  to  ship  a
POV at government expense in connection with his retirement;  or,  that  the
TMO counselor provided misleading or inaccurate  information  regarding  his
entitlement.  In this regard, 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 this application in  Executive
Session on 16 November 2004, under the provisions of AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Ms. Kathleen F. Graham, Member
      Ms. Janet I. Hassan, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2004-02111:

      Exhibit A.  DD Form 149, dated 30 Jun 04, with attachments.
      Exhibit B.  Letter, JPPSO-SAT/ECAF, dated 31 Aug 04.
      Exhibit C.  Letter, SAF/MRBR, dated 3 Sep 04.
      Exhibit D.  Letter, Senator Domenici, dtd 8 Oct 04, w/atch.




                                                   MARILYN M. THOMAS
                                                   Vice Chair

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