RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00425
INDEX CODE: 128.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 9 AUGUST 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His debt arising from shipment of household goods (HHG) in association with
a Permanent Change of Station (PCS) move in excess of Joint Federal Travel
Regulations (JFTR) allowances be waived and that the professional books,
papers, and equipment (PBP&E) be included in his shipment.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes the record to be unjust because he was unable to insure the
movers on the day of the shipment correctly annotated PBP&E on the
appropriate shipping documents. In his appeal to the indebtedness sent to
JPPSO-SAT/ECAF, San Antonio, TX, he documented several instances in pre-
move preparations that he intended to ship PBP&E along with weight
estimates. It is also unreasonable to believe that a colonel with 24 years
of service at the time of PCS and 11 prior PCS moves would not have any
PBP&E to ship.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving on extended active duty in the grade of
colonel.
Special Order AM-0878, dated 18 April 2002, indicates the applicant made a
permanent change of station (PCS) move from the Pentagon, VA to Scott AFB
IL. He made a shipment of HHG from Virginia to Scott AFB IL in conjunction
with his PCS move. The shipment moved under Government Bill of Lading
(GBL) JP-421695 with a net weight of 22,660 pounds. He was billed
$1,298.39 for exceeding his authorized weight allowance of 18,000 pounds.
_________________________________________________________________
AIR FORCE EVALUATION:
JPPSO recommended denial indicating per paragraph U5310-C, JFTR, a member
is authorized professional books, papers, and equipment (PBP&E)
transportation when the member certifies the PBP&E as necessary for
official duty. PBP&E is transported in the same manner as HHG, but is not
charged against the authorized weight allowance. However, the PBP&E must
be declared at origin and documented in accordance with transportation
policy and procedures.
Air Force Supplement to the JFTR stipulates that in order to receive credit
for PBP&E, 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. 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.
The applicant states when the movers arrived on the day of pickup, he and
his spouse escorted them through the entire house, specifically pointing
out his pro-gear. Loading of the vehicle was not completed until late at
night and his spouse signed the documents without realizing the pro-gear
had not been annotated on the inventories.
As indicated on the application for shipment and the personal property
counseling checklist, the applicant estimated he would have 1,000 pounds of
PBP&E to include in the shipment. Should the board decide to give him the
benefit of the doubt and grant him after-the-fact credit for PBP&E,
recommend the weight credit be limited to the estimated amount as some of
the items he is identifying as PBP&E, bins, footlockers, and file cabinets,
do not meet the definition of PBP&E.
The evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 11 March 2005, a copy of the Air Force evaluation was forwarded to the
applicant for review and response within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
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 error or an injustice. We took notice of the applicant’s
complete submission in judging the merits of the case and the majority of
the Board believes that some relief is warranted. In accordance with the
Joint Federal Travel Regulation (JFTR), a member is authorized PBP&E
transportation, when the member certifies the PBP&E as necessary for
official duty. PBP&E is transported in the same manner as HHG, but is not
charged against the authorized weight allowance. However, the PBP&E must
be declared at origin and documented in accordance with transportation
policy and procedures. In the applicant’s case, the Board notes the
application for shipment and the personal property counseling checklist,
dated 7 May 2002, estimated the applicant would have 1,000 pounds of PBP&E
to be included in the shipment. It appears, however, that the applicant’s
PBP&E were not properly separated, packed and labeled as such at the time
the HHGs were packed. Nevertheless, it is unreasonable to assume that the
applicant, who had 24 years of service, would not have PBP&E. While it
cannot be determined at this late date how much his PBP&E weighed, the
majority believes any doubt should be resolved in the applicant’s favor by
accepting his estimate of 1000 pounds of gear. Therefore, the majority
recommends his records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS 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, JP-
421695, dated 31 May 2002, per Special Order AM-0878, dated 18 April 2002,
was amended to show he was authorized shipment of 1000 pounds of
professional books, papers, and equipment (PBP&E).
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 17 May 2005, under the provisions of AFI 36-2603:
Mr. Laurence M. Groner, Panel Chair
Ms. Jean A. Reynolds, Member
Mr. Clarence D. Long III, Member
By a majority vote, the Board recommended to grant the applicant’s request.
Ms. Reynolds voted to deny the applicant’s request and does not wish to
submit a Minority Report. The following documentary evidence pertaining to
AFBCMR Docket Number BC-2005-00425 was considered:
Exhibit A. DD Form 149, dated 31 January 2005, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, JPPSO, dated 2 March 2005.
Exhibit D. Letter, SAF/MRBR, dated 11 March 2005.
LAURENCE M. GRONER
Panel Chair
AFBCMR BC-2005-00425
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 , be corrected to show that the Government Bill of Lading, JP-
421695, dated 31 May 2002, per Special Order AM-0878, dated 18 April 2002,
was amended to show he was authorized shipment of 1000 pounds of
professional books, papers, and equipment (PBP&E).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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