RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00968
            INDEX CODE:  128.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  24 SEPTEMBER 2006
_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed for replacement of  household  goods  (HHGs)  he  was
required to sell or give away prior to his Permanent Change of Station
(PCS) move from Minot AFB, ND, to Eielson AFB, AK, in August 2004.
_________________________________________________________________

APPLICANT CONTENDS THAT:

A  Traffic  Management  Office  (TMO)  counselor  provided   incorrect
information regarding the maximum weight allowance of HHGs  authorized
for shipment at government  expense  for  his  pending  PCS.   He  was
informed the total authorized weight of HHGs he  could  ship  was  700
pounds.  He also asked his superiors and co-workers and they indicated
there was a weight limit  for  overseas  locations.   Relying  on  the
misinformation, he was required to dispose of  most  of  his  property
prior to PCS.

In support of his request, the applicant submits a copies of  DD  Form
1797 (Personal  Property  Counseling  Checklist),  w/atch,  his  claim
submitted to Eielson’s Legal Office and their  denial  of  the  claim,
emails  and  replacement   appraisals.    The   applicant’s   complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS)
reveals the applicant’s Total Active  Federal  Military  Service  Date
(TAFMSD) as 2 October 2001.  He is currently serving on active duty in
the grade of senior airman (E-4), with an effective date and  date  of
rank of 2 October 2004.
_________________________________________________________________

AIR FORCE EVALUATIONS:

JPPSO-SAT/ECAF  states  that  members  in  the  grade  of  E-3,   with
dependents, are authorized a weight allowance of 8,000 pounds.  As the
PCS destination was outside of the CONUS, he was entitled to ship  the
entire weight allowance to the new permanent duty station (PDS)  or  a
combination of shipping part of the weight allowance to  the  new  PDS
and placing the remainder  in  non-temporary  storage  (NTS)  for  the
duration of the OCONUS assignment.  Since the request is a  claim  for
reimbursement not involving  items  shipped  as  HHGs,  it  should  be
addressed within the Staff Judge  Advocate  channel.   The  HQ  JPPSO-
SAT/ECAF evaluation is at Exhibit B.


HQ AFLSA/JACC recommends the application be denied.  JACC states  that
upon receipt of  this  appeal,  the  General  Claims  Division  (JACC)
initiated  an  investigation  into  the  situation.   Inquiries   were
forwarded to the  supervisors  of  the  applicant  and  the  applicant
himself to obtain additional information.  The  applicant’s  statement
that he questioned the weight allowance with supervisors  as  well  as
his first sergeant was not corroborated by either of  the  individuals
(refer to emails).  JACC contacted (via email) the two supervisors and
the first sergeant mentioned in applicant’s statement  and  all  three
deny the applicant had questioned  his  weight  allowance  with  them.
They did confirm the applicant did indeed give away or sell a majority
of his possessions.

JACC indicates that after arriving at Eielson AFB, AK,  the  applicant
filed a claim to recover money he deemed lost due to the  disposal  of
his property based on his initial misinformation from TMO.  The  claim
was denied as such a loss  is  not  cognizable  under  the  PCA.   The
applicant then filed a reconsideration request with the claims office.
 He provided no additional evidence to support his  claim,  therefore,
the reconsideration was denied.  Upon receipt of  the  AFBCMR  appeal,
JACC contacted the applicant for  further  information;  specifically,
substantiation of ownership and the condition of the items claimed  at
the time of the purported disposal.  The applicant could  not  provide
the substantiation as requested.

JACC states the applicant did indeed receive  misinformation  about  a
700 lbs. weight allowance  for  the  movement  of  HHGs  due  to  PCS.
However, had he inquired about this misinformation  up  the  chain-of-
command as alleged, it  is  likely  this  situation  would  have  been
clarified.  The fact he did not act as stated is, in  JACC’s  opinion,
the proximate cause for the disposal of his property.   Based  on  the
applicant’s  uncorroborated  statements,  his  failure   to   properly
question his options through the chain-of-command and his decision  to
dispose of the property on his  own,  JACC  finds  no  basis  for  any
payment to the applicant.

The HQ AFLSA/JACC evaluation, with attachments, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATIONS:

Copies of the Air Force evaluations were forwarded to applicant on  29
July 2005 for review and response.  As of this date, no  response  has
been received by this office (Exhibit D).
_________________________________________________________________

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 careful consideration  of  the
circumstances of this case, it  appears  the  applicant  was  provided
erroneous information on his PCS  weight  allowance  entitlement.   In
this respect, we note the Personal Property Counseling  Checklist  (DD
Form 1797), dated 29 July 2004, reflects a 700 PCS  weight  allowance,
which  gives  credence  to  the  applicant’s  claim.    Although   the
applicant’s  assertion  of  querying  his  superiors  and   co-workers
regarding the weight limit for overseas locations is  unsupported,  we
find it inconceivable that he would  have  disposed  of  his  personal
items, a decision so detrimental to him, if he had  not  discussed  it
with other members of his organization.  We can easily understand  how
the applicant, after being counseled, had every reason to believe that
the information he was provided concerning his total authorized weight
of household goods  (HHGs)  was  correct.   Based  on  the  inaccurate
information provided and in order to  remove  any  possibility  of  an
injustice to the applicant, his records should  be  corrected  to  the
extent indicated below, which factors in the maximum weight  allowance
(8,000 pounds) minus the net chargeable weight  shipped  (588  pounds)
totaling 7,412 pounds times a $3.50 Full Replacement Value  (FRV)  and
deducts the FRV purchase price ($322.96).
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that, in  conjunction  with
his permanent change of station  from  Minot  Air  Force  Base,  North
Dakota, to Eielson Air Force Base, Alaska,  under  Special  Order  AF-
0823, dated 27 June 2004, he made a Government Bill of  Lading  (GBL),
Code 1, household goods shipment.  The shipment had a  net  weight  of
7,412  pounds  and  he  purchased  Full  Replacement  Valuation  (FRV)
protection.  The entire shipment was  lost  or  destroyed  and  he  is
entitled to FRV at $3.50 times the net weight of the shipment.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 8 September 2005, under the provisions of AFI 36-
2603:

                  Mr. Michael J. Novel, Panel Chair
                  Ms. Cheryl V. Jacobson, Member
              Mr. Terry L. Scott, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2005-00968.

   Exhibit A.  DD Form 149, dated 17 Mar 05, w/atchs.
   Exhibit B.  Letter, JPPSO-SAT/ECAF, dated 3 May 05.
   Exhibit C.  Letter, AFLSA/JACC, dated 27 Jul 05, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 29 Jul 05.




                                   MICHAEL J. NOVEL
                                   Panel Chair



AFBCMR BC-2005-00968




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, in conjunction
with his permanent change of station from Minot Air Force Base, North
Dakota, to Eielson Air Force Base, Alaska, under Special Order AF-
0823, dated 27 June 2004, he made a Government Bill of Lading (GBL),
Code 1, household goods shipment.  The shipment had a net weight of
7,412 pounds and he purchased Full Replacement Valuation (FRV)
protection.  The entire shipment was lost or destroyed and he is
entitled to FRV at $3.50 times the net weight of the shipment.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency