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AF | BCMR | CY2005 | BC-2005-00834
Original file (BC-2005-00834.doc) Auto-classification: Approved

                       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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