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