RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00834
INDEX CODE: 128.00
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 11 SEPTEMBER 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reimbursed $1,138.84 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:
He submitted the correctly completed paperwork for FRV insurance on
his (HHG) through proper channels and was assured everything was taken
care of. However, when he requested a copy of his Government Bill of
Lading (GBL), no FRV insurance had been issued.
In support of his request, the applicant submits a personal statement
and additional documents associated with the issues cited in his
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
27 May 1992. He is currently serving on active duty in the grade of
major, with an effective date and date of rank of 1 November 2002.
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 partially approved. JACC
states that when the HHG were delivered in Montgomery, AL, there was
substantial damage. The applicant filed a claim for $4,646.07 with
the Maxwell AFB claims office for the damages but was awarded
$3,432.23 because depreciation was applied to ten items on his 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.
However, based on the evidence in the file and after consulting with
the Chief Officer at the Traffic Management Office (TMO), Bolling AFB,
JACC recommends the applicant be awarded $807.49. Their
recommendation is based on the following: If the applicant did
actually have the FRV coverage and JACC was able to collect the FRV
from the carrier, the applicant would have been awarded an additional
$1,068.49 above what he has already been awarded on his claim. If the
applicant had actually paid for the FRV coverage, he would have had an
out of pocket expense of $261.00, which is the amount the FRV would
have cost him. According to TMO, this figure is based on the
valuation amount the applicant requested ($42,000.00) and the weight
of the shipment. Therefore, $1,068.49 minus the expense of $261.00 he
would have paid, JACC recommends an award in the amount of $807.49.
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 19
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. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After reviewing the applicant’s
submission and the evidence of record, we are persuaded that some
relief is warranted. In this respect, we are in agreement with the
opinion and recommendation of the appropriate Air Force office,
AFLSA/JACC, that the evidence supports awarding the recommended amount
of $807.49 by the Traffic Management Office rather than the
applicant’s requested amount of $1,138.84. In arriving at this
amount, we note that this figure is based on what the applicant would
have been additionally awarded minus the FRV coverage if he actually
had and paid for the coverage. In view of the foregoing, we recommend
the applicant’s records be corrected to the extent indicated below.
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.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that competent authority
approved his request for Full Replacement Value (FRV) insurance
submitted in connection with his June 2004 permanent change of station
(PCS) reassignment from Alexandria, Virginia, to Maxwell AFB, Alabama,
and he is entitled to additional reimbursement in the amount of
$807.49 for household goods damaged in the move.
_________________________________________________________________
The following members of the Board considered this application 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
All members voted to correct the records, as recommended. The
following documentary evidence was considered in connection with
AFBCMR Docket Number BC-2005-00834.
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 19 May 05.
FREDERICK R. BEAMAN III
Panel Chair
AFBCMR BC-2005-00834
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 competent
authority approved his request for Full Replacement Value (FRV)
insurance submitted in connection with his June 2004 permanent change
of station (PCS) reassignment from Alexandria, Virginia, to Maxwell
AFB, Alabama, and he is entitled to additional reimbursement in the
amount of $807.49 for household goods damaged in the move.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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