RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-03398
                                        INDEX CODE:  128.02
  XXXXXXXXXXXXXX                  COUNSEL:  NONE

  XXXXXXXXXXXX                          HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The  transportation  charges  in  the  amount  of  $3,802.36  to  ship   his
automobile from Australia to Maxwell  Air  Force  Base  (AFB),  Alabama,  be
waived.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Personnel at the  Kunsan  Air  Base  (AB)  Travel  Management  Office  (TMO)
briefed him on two separate occasions that  he  was  entitled  to  ship  two
vehicles (one from Korea and one from Australia)  in  conjunction  with  his
Permanent Change of Station (PCS) to Maxwell AFB, Alabama.

In support of his application, the applicant submits a  personal  statement,
PCS orders with amendment, and  documentation  concerning  shipment  of  his
vehicles.  The applicant’s complete  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the military personnel data system (MilPDS), the  applicant  is
currently serving on active duty in the grade of major with a  Total  Active
Federal Military Service Date of 6 December 1992.

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 B.

_________________________________________________________________

AIR FORCE EVALUATION:

JPPSO-SAT/ECAF recommends denial of the applicant’s  waiver  request.   ECAF
states that per Special Order AA-1736, dated  7 April  2004,  the  applicant
was reassigned from Kusan AB, Korea to Maxwell AFB, AL.   On  3  June  2004,
the orders were amended to authorize privately owned vehicle (POV)  shipment
from Sidney, Australia to Maxwell AFB.   The  applicant  shipped  a  vehicle
through the vehicle-processing center (VPC)  in  Seoul,  Korea  to  Atlanta,
Georgia.  He then traveled to Australia and shipped a  second  vehicle  form
Canberra, Australia to Atlanta, GA on the same set  of  orders.   While  the
vehicle from Australia was  in  transit,  it  was  discovered  he  had  also
shipped a vehicle from Korea.  Initially, the vehicle  was  stopped  at  the
VPC in Richmond, California, as there was no authority for onward  movement.
 Arrangements were made to move the vehicle to the Atlanta VPC with  charges
in the amount of $3,802.36 to be collected from the applicant.

ECAF states that paragraph U5405 of  the  Joint  Federal  Travel  Regulation
(JFTR) directs  transportation  of  a  POV  for  the  member  or  dependents
personal use may be authorized when ordered to  make  a  PCS  to,  from,  or
between overseas stations.  When a POV is authorized, one POV not to  exceed
20 measurement tons may be transported from the POV port or VPC serving  the
old permanent duty station (PDS) to the POV unloading port  or  VPC  serving
the new PDS.

ECAF contacted the TMO clerk who  provided  the  applicant’s  transportation
briefing.  ECAF states that the clerk does  not  specifically  remember  the
applicant but states she would have no reason to tell him he could ship  two
vehicles when all members are authorized shipment of  only  one  vehicle  at
government expense.

ECAF states that the applicant exhausted his POV transportation  entitlement
when he shipped a vehicle  form  Korea  to  the  Continental  United  States
(CONUS).  ECAF finds no authority to recommend  he  be  allowed  to  ship  a
second vehicle from Australia at  Government  expense.   The  JPPSO-SAT/ECAF
evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He is not surprised that the individual who administered his  transportation
briefing does not remember their conversations,  considering  the  tempo  of
PCS moves at Kusan AB, but he asserts most emphatically, and on  his  honor,
that the TMO clerk did, in fact, state that he was entitled to ship both  of
his vehicles.  The transportation charges in the  amount  of  $3,802.36  are
currently suspended  awaiting  adjudication  of  this  case.   He  does  not
dispute the JFTR that applies in this case or ask for dispensation.   He  is
applying for the transportation charges to  be  waived  solely  because  the
incorrect counseling that he received during his  transportation  brief  and
subsequent follow-up brief led him to ship his second vehicle in the  belief
that it was an authorized  entitlement.   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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice warranting corrective action.  We  can  detect  no
error in the actions taken to establish the applicant’s  debt  for  his  POV
shipments  in  connection  with  his  PCS  move;  however,  based   on   the
possibility of an injustice we feel that some relief is warranted.  We  note
that according to the JFTR, the applicant would have been entitled  to  ship
one POV at government expense in conjunction with his  PCS  from  Kusan  AB,
Korea,  to  Maxwell,  AFB,  AL.   The  applicant  contends   that   he   was
miscounseled by a TMO clerk at Kusan AB, who told him  he  was  entitled  to
ship two vehicles; however, we  find  no  evidence  of  this.   Furthermore,
based on the fact that the applicant is an experienced officer who has  made
previous PCS moves during his lengthy career, we believe that he  should  be
aware of his PCS  entitlements.   Accordingly,  we  feel  the  applicant  is
responsible for the debt incurred for  exceeding  his  authorized  allowance
for POV shipment.  However, we note  the  applicant’s  contentions  that  he
would have shipped his POV from Canberra, Australia, instead of his  POV  in
Korea,  to  Maxwell  AFB,  AL,  with  only  one  POV  shipment  entitlement;
therefore, we feel  he  should  be  authorized  shipment  of  his  POV  from
Australia to Alabama at government  expense  versus  the  POV  shipped  from
Korea to Alabama, in order to achieve the relief we believe  appropriate  in
this case.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that in  conjunction  with  his  PCS  from
Kusan AB, Korea, to Maxwell AFB, AL (Special Order AA-1736,  dated  7  April
2004), he was authorized shipment of his POV from  Canberra,  Australia,  to
Atlanta, Georgia, versus shipment of his POV from Kusan AB, South  Korea  to
Maxwell AFB, AL.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 5 May 2005, under the provisions of AFI 36-2603:

            Mr. Richard A. Peterson, Panel Chair
            Ms. Sue A. Lumpkins, Member
            Mr. James W. Russell III, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2004-03398 was considered:

    Exhibit A.  DD Form 149, dated 21 Oct 04, w/atchs.
    Exhibit B.  Letter, JPPSO-SAT/ECAF, dated 21 Jan 05.
    Exhibit C.  Letter, SAF/MRBR, dated 4 Feb 05.
    Exhibit D.  Letter, Applicant’s Review, undated.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR BC-2004-03398




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 XXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that in
conjunction with his Permanent Change of Station from Kusan Air Base (AB),
Korea, to Maxwell Air Force Base (AFB), Alabama (Special Order AA-1736,
dated 7 April 2004), he was authorized shipment of his Privately Owned
Vehicle (POV) from Canberra, Australia, to Atlanta, Georgia, versus
shipment of his POV from Kusan AB, South Korea to Maxwell AFB, Alabama.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency