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AF | BCMR | CY2005 | BC-2005-00833
Original file (BC-2005-00833.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00833
            INDEX CODE:  128.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  11 SEPTEMBER 2006
_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reimbursed $1,462.80 to reflect Full  Replacement  Value  (FRV)
for damaged household goods (HHG) caused in  a  shipment  pursuant  to
Permanent Change of Station (PCS) orders.
_________________________________________________________________

APPLICANT CONTENDS THAT:

She submitted the correctly completed paperwork for FRV  insurance  on
her (HHG) through proper channels and was assured everything was taken
care of.  However, when she requested a copy of her Government Bill of
Lading (GBL), no FRV insurance had been issued.

In support of her request, the applicant submits a personal  statement
and additional documents associated  with  the  issues  cited  in  her
contentions.  The applicant’s complete submission,  with  attachments,
is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
19 June 1995.  She is currently serving on active duty in the grade of
captain, with an effective date and date of rank of 31 May 1999.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force at Exhibit B.
_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JACC recommends the application be  denied.   JACC  states  that
when the HHG were delivered in Montgomery, AL, there  was  substantial
damage.  The applicant filed a claim for $8,540.72  with  the  Maxwell
AFB claims office for the damages, but was awarded  $7,228.00  because
depreciation was applied to six items on her claim in accordance  with
Air Force Instruction  51-502.   JACC  indicates  the  Maxwell  Claims
Office did everything correctly by properly  following  the  governing
Air Force instruction and procedures directed by  higher  headquarters
when adjudicating the applicant’s claim for damages.

Although the applicant requested FRV insurance on her HHG shipment and
took all the necessary steps to get it, JACC recommends no  additional
payment be made on her claim.  They came to this recommendation  after
reviewing all the evidence in the AFBCMR case file,  documentation  in
the actual claims file, and after consulting with the Chief Officer at
the Traffic Management Office (TMO), Bolling AFB.   If  the  applicant
did actually receive FRV coverage and JACC was able to collect the FRV
from the carrier, the applicant would have been awarded an  additional
$172.00 above what she has already been awarded on her claim.  If  the
applicant had actually paid for the FRV coverage, she would  have  had
an out of pocket expense of $437.82, which is the amount the FRV would
have cost her.   According  to  TMO,  this  figure  is  based  on  the
valuation amount the applicant requested ($55,750.00) and  the  weight
of the shipment.  Therefore, $172.00 minus the expense of $437.82 that
she would  have  paid,  results  in  a  negative  figure  of  $265.82.
Therefore, no additional payment to the applicant  is  recommended  on
her claim.  The AFLSA/JACC evaluation, with attachments, is at Exhibit
B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  20
May 2005 for review and response.  As of this date,  no  response  has
been received by this office (Exhibit C).
_________________________________________________________________

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  an  injustice.   After  reviewing  the  applicant’s
submission and the evidence of record, we  are  unpersuaded  that  the
applicant has been the victim of an injustice.  In  this  respect,  we
note that, if the applicant had actually received the FRV coverage and
the FRV collected from the carrier, she would  have  been  awarded  an
additional $172.00 above what she had already received on  her  claim.
However, the $437.82 FRV coverage would have been  deducted  from  the
additional monies awarded, which would result in  a  negative  figure.
She would then owe the difference between these  two  figures  to  the
government.  In view of the foregoing, we agree with the  opinion  and
recommendation of the appropriate Air Force office,  AFLSA/JACC,  that
no additional payment to the applicant is  recommended.   Accordingly,
we find no basis to recommend  granting  the  relief  sought  in  this
application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________

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 Docket  Number  BC-2005-
00833 in Executive Session on 22 June 2005, under  the  provisions  of
AFI 36-2603:

                  Mr. Frederick R. Beaman III, Panel Chair
                  Mr. James W. Russell III, Member
                  Ms. B. J. White-Olson, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 4 Mar 05, w/atchs.
   Exhibit B.  Letter, AFLSA/JACC, dated 19 May 05, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 20 May 05.




                                   FREDERICK R. BEAMAN III
                                   Panel Chair

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