RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03272
            INDEX NUMBER:  128.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 APRIL 2006

___________________________________________________________________

APPLICANT REQUESTS THAT:

The debt incurred with the shipment of his household goods (HHG) be
cancelled.

It appears he is also requesting two  months  of  Overseas  Housing
Allowance (OHA).

___________________________________________________________________

APPLICANT CONTENDS THAT:

The finance and traffic management offices  advised  him  that  his
orders were still valid and authorized  unlimited  weight  for  his
move.

Applicant’s complete submission, with attachments, is  attached  at
Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active  duty  from  23  Sep  82  until  his
retirement effective 1 Nov 03.

The Joint Personal Property Shipping Office (JPPSO)  indicated  the
applicant was reassigned from Bitburg AB Germany to Spangdahlem  AB
Germany  per  Special  Orders,  dated  21  Dec   93.    After   his
reassignment, he continued to reside in base housing at Bitburg  AB
until Sep 02.  In Sep 02, he was authorized to move off base due to
the scheduled renovation of the housing building he and his  family
occupied.  He used his permanent change  of  station  (PCS)  orders
assigning him to Spangdahlem Air Base  for  the  move.   Under  the
authority of his PCS orders, he was limited to a  weight  allowance
of 9,000 pounds.  His HHG shipment  had  a  net  weight  of  20,573
pounds.  He was  billed  $2,792.08  for  exceeding  his  authorized
weight allowance.

Applicant’s Leave and Earnings statements reflect  he  was  paid  a
total of $5,822.82 OHA for the period 1 Jul - 31 Oct 03:

   Jul 03 - $1,496.13  (1-15 Jul @ $1550.04 & 16-30 Jul @ $1442.23)
   Aug 03 - $1,442.23
   Sep 03 - /$336.52\  (Collection for 24-30 Aug @ $1442.23)
   Oct 03 - $3,220.98  (24-30 Aug, Sep & Oct @ $1442.23)

___________________________________________________________________

AIR FORCE EVALUATIONS:

JPPSO recommends approval and states, in part,  that  when  housing
orders are issued requiring members to vacate  Government  quarters
due to renovation, there is no weight allowance associated with the
local move.  In this  case,  the  applicant  used  his  PCS  orders
assigning him to Spangdahlem Air Base.  Thus,  he  was  limited  to
9,000 pounds, the authorized PCS weight allowance  associated  with
those orders.  However, a review of DD Form 1299,  Application  for
Shipment and/or Storage of Personal Property,  and  DD  Form  1797,
Personal Property Counseling Checklist, indicates  the  Spangdahlem
TMO made an error when counseling the  applicant.   Both  documents
state his weight allowance was unlimited.  For  this  reason,  they
believe the member is the victim of an error or an injustice.

If the Board agrees, JPPSO recommends  the  record  be  changed  to
state the HHG shipment that moved under Government Bill of  Landing
WP-445789, using Special Order AB-1108,  dated  21  December  1993,
contained  10,573  pounds  of  professional  books,   papers,   and
equipment (PBP&E).

A complete copy of the Air Force evaluation is at Exhibit C.

The Defense Finance and Accounting  Service  (DFAS)  Claims  Branch
reviewed the applicant’s military pay account  and  determined  the
applicant was paid OHA correctly for  the  period  1  July  through
31 October 2003.  There is no additional OHA due for that period.

A complete copy of the Air Force evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 January  2005,  copies  of  the  Air  Force  evaluations  were
forwarded to the applicant for review and response within 30  days.
As of this date, no response  has  been  received  by  this  office
(Exhibit E).

On 1 Mar 05, the Board staff attempted  to  contact  the  applicant
with regard to his request concerning his OHA to  determine  if  he
agreed with the DFAS evaluation.  To date,  no  response  has  been
received by this office (Exhibit F).

___________________________________________________________________

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  error   or   injustice   warranting   favorable
consideration of applicant’s request to cancel the debt  associated
with the shipment of his  household  goods.   After  reviewing  the
evidence of record, we agree with the findings  and  recommendation
of the Joint  Personal  Property  Shipping  Office  and  adopt  its
rationale as the basis for our decision that the applicant has been
the victim of either an error or  an  injustice.   Accordingly,  we
recommend that the applicant’s records be corrected to  the  extent
indicated below.

4.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or  injustice  with  respect  to
applicant’s request  for  an  additional  two  months  of  Overseas
Housing Allowance (OHA).  After careful review of  the  applicant’s
Leave and Earnings Statements covering the  period  1  Jul  through
31 Oct 03, it appears his OHA was stopped for the period 24 Aug  03
through 30 Sep 03 based on a terminal leave transaction.   However,
when the  leave  transaction  was  later  cancelled,  his  OHA  was
restarted with payments retroactive to 24 Aug  03.   Based  on  the
foregoing, and in the absence of evidence to the contrary, we  find
no basis upon which to recommend favorable action on  this  portion
of the applicant’s request.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT be corrected to show that the household goods
shipment that moved under Government  Bill  of  Landing  WP-445789,
using Special Order  AB-1108,  dated  21 December  1993,  contained
10,573 pounds of professional books, papers, and equipment (PBP&E).

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2004-03272 in Executive Session on 12 and 26 April  2005,  under
the provisions of AFI 36-2603:

      Ms. Peggy E. Gordon, Panel Chair
      Ms. Cheryl V. Jacobson, Member
      Ms. Marcia Jean Bachman, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 12 Oct 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, JPPSO-SAT/ECAF, dated 3 Nov 04, w/atchs.
     Exhibit D.  Letter, DFAS-POCC/DE, dated 28 Dec 04; Letter,
         AF/DPPCE, dated 15 Dec 04.
     Exhibit E.  Letter, SAF/MRBR, dated 7 Jan 05.
     Exhibit F.  E-mail, AFBCMR, dated 1 Mar 05.




                                   PEGGY E. GORDON
                                   Panel Chair


AFBCMR BC-2004-03272




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 [APPLICANT], be corrected to show that the
household goods shipment that moved under Government Bill of
Landing WP-445789, using Special Order AB-1108, dated 21 December
1993, contained 10,573 pounds of professional books, papers, and
equipment (PBP&E).




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency