RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03359
            INDEX NUMBER:  128.10
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed a total of $1,969.50 for the  expense  of  reshipping
his privately owned vehicle (POV) to his permanent change  of  station
(PCS) assignment after his original assignment was cancelled on  short
notice.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He shipped one of his POVs to his projected new PCS assignment at  his
own expense.  However, his assignment was  changed  due  to  emergency
reasons while he was on leave,  enroute,  requiring  him  to  pay  the
additional cost of  getting  his  vehicle  returned  to  the  original
shipping port and then paying the additional expense of shipping it to
his new PCS  assignment.   The  total  excess  cost  he  incurred  was
$1,969.50.

In support of his appeal, applicant  submits  a  two-page  memorandum,
copies of statements showing the  shipping  charges  he  paid,  and  a
letter denying his claim for reimbursement from the  Chief  of  Claims
for the Air Force.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.
_________________________________________________________________

STATEMENT OF FACTS:

Per Special  Order  AB-1190,  dated  18  May  04,  the  applicant  was
reassigned from Maxwell AFB, AL to Hickam AFB, HI with  a  report  not
later than date of 31 Jul 04.  On 16 Jun 04, applicant shipped  a  POV
from California to Hawaii at his own expense.  However, while  he  was
on leave, he was notified his assignment had been changed  to  Germany
per amended order AB-1550,  dated      1  Jul  04.   He  had  the  POV
returned to California  and  then  shipped  to  Germany,  all  at  his
personal  expense.   According  to  documentation  provided   by   the
applicant, he incurred a total expense  of  $1960.59.   The  applicant
also shipped a  vehicle  from  California  to  Germany  at  Government
expense.  He is presently serving on active duty in the Air  Force  in
the grade of lieutenant colonel at a base in Germany.

_________________________________________________________________

AIR FORCE EVALUATION:

JPPSO/ECAF recommends denial  of  the  applicant’s  request.   If  the
applicant had used his authorized  entitlement  to  ship  his  POV  to
Hawaii at Government expense, when the  assignment  was  changed,  the
vehicle would have been shipped to the new destination at no  cost  to
him.  The fact he chose to ship the vehicle  at  personal  expense  in
order to ensure the vehicle would be available upon  his  arrival  was
done for personal convenience and does not obligate the Government for
expenses incurred.  In similar  cases,  the  Comptroller  General  has
consistently held that expenses incurred by members in anticipation of
a PCS assignment is  for  the  member’s  convenience  and  is  not  an
obligation of the Government.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, the applicant  states  he
wishes to clarify and re-emphasize a few matters related to his  case.
He points out it was  only  after  he  had  received  official  orders
directing his PCS move to Hawaii  and  only  after  he  had  left  his
previous duty station pursuant to those orders did he ship his POV  to
Hawaii at his own expense in reasonable reliance on those orders.   He
accepts that this was his  expense.   However,  due  to  an  emergency
change of his assignment in the middle of his move, he was  forced  to
pay a second shipping cost for moving his POV from Hawaii to  Germany.
This amounted to an additional $1969.50 over the $952 he  had  already
spent.

He points out it is common practice for military members  on  overseas
PCS moves to pay to ship one vehicle at their own  expense.   However,
basic fairness would suggest he should be forced to incur one shipping
cost not two.

The applicant’s complete response is at Exhibit E.

_________________________________________________________________

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.  While we note the needs  of  the  Air
Force  sometimes  dictate  emergency  or   short   notice   change   of
assignments, we believe the applicant in this case exercised reasonable
judgment in shipping his privately owned vehicle to his  assignment  in
Hawaii.  He did not do so until he had firm PCS orders and  had  signed
out of his duty  station.   He  fully  accepted  that  the  expense  of
shipping the  vehicle  was  his.   However,  the  emergency  change  of
assignment resulted in his having  to  bear  extraordinary  expense  in
retrieving his vehicle from Hawaii and then  shipping  it  to  Germany.
Additionally, he and his family were deprived of the early  arrival  of
the vehicle  for  their  use  when  they  arrived  at  their  new  duty
assignment.  We believe the circumstances of this  case  constitute  an
injustice to the applicant.  Therefore, we  recommend  his  records  be
corrected as 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 he was in a  temporary
duty status for a sufficient number of days beginning  1  October  2004
and was paid total perdiem the equivalent of $1969.50.

_______________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-
03359 in Executive Session on 19 January 2005, under the provisions  of
AFI 36-2603:

      Mr. Frederick R. Beaman, III, Panel Chair
      Mr. Wallace F. Beard, Jr., Member
      Mr. Michael J. Novel, Member

All  members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 15 Oct 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, JPPSO/ECAF, dated 24 Nov 04,
                 w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 10 Dec 04.
     Exhibit E.  Memorandum, Applicant, undated.




                                   FREDERICK R. BEAMAN, III
                                   Panel Chair



AFBCMR BC-2004-03359


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 XXXXXXX, XXXXXXX, be corrected to show that he
was in a temporary duty status for a sufficient number of days
beginning 1 October 2004 and was paid total perdiem the equivalent
of $1969.50.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency