RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00839

      xxxxxxxxxxxxx    COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  21 SEP 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His debt of $5,332.13 be  remitted  and  all  monies  that  have  been
collected be refunded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

There was an  error  made  in  computing  the  weight  amount  of  his
household goods (HHG) storage/shipment, which showed him in excess  of
his allowable weight limit.  Packers used excessive  packing  material
in his shipment from Japan and heavy rains added additional weight  to
the shipment.

In support of his appeal, the applicant provided  a  Letter  from  the
Defense  Finance  and  Accounting  Service  (DFAS),  DD   Form   2789,
Waiver/Remission of Indebtedness Application, a Letter  to  DFAS  from
Applicant, background information pertaining to  his  household  goods
shipment,  a  copy  of  his  Retirement  Orders,  and  DD  Form   214,
Certificate of Release or Discharge from Active Duty.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant made a permanent  change  of  station  (PCS)  move  from
Misawa AB, Japan, to Tinker  AFB,  OK.   He  made  four  shipments  of
personal property in conjunction with his PCS.   A  shipment  of  HHGs
with a net weight of 12,544 pounds moved from Japan  to  Oklahoma.   A
shipment of unaccompanied baggage (UB) moved from Japan  to  Oklahoma.
It had a net weight of 1,110 pounds.  A shipment of  HHG  with  a  net
weight of 2,306 pounds moved from Baltimore, MD to Oklahoma.  A fourth
shipment of HHG moved from Jacksonville, FL to  Oklahoma  with  a  net
weight of 4,700 pounds.

The applicant was billed $5,332.13 for exceeding his authorized weight
allowance of 12,500 pounds.  Upon retirement, $2,445.70 was  collected
from his final pay leaving a balance of $2,886.43.

On 7 July 2005, he submitted a request for waiver of  indebtedness  to
the DFAS.  DFAS advised him that his HHG shipment debt  is  ineligible
for  waiver  consideration  in  accordance  with  Transportation  Debt
Waivers, 67 Comp. Gen 484 (1988).  DFAS also advised him that although
they could not process the waiver, he may apply for  a  correction  of
military records requesting that the waiver application be treated  as
a request for remission.

_________________________________________________________________

AIR FORCE EVALUATION:

DFAS-POCC/DE  recommends  denial  and  states  after  contacting   the
Remissions  and  Waiver  Branch  for  a  recommendation,  that  office
notified them had they  received  the  applicant’s  remission  request
prior to his separation, they  would  have  recommended  the  debt  be
collected in full.  Based on the evidence, there has not been an error
or injustice.

A complete copy of DFAS-POCC/DE evaluation is at Exhibit C.

JPPSO-SAT/ECAF recommends approval.  JPPSO states  when  the  shipment
arrived at destination, an inspector  reviewed  the  contents  of  the
shipment and estimated  the  weight  at  3,500  pounds.   When  it  is
impossible or impractical to weight a shipment, under guidance by  the
Comptroller General, the weight of a shipment may  be  constructed  by
multiplying 40 pounds times the number of inventory line  items.   The
shipment contained 78 line items.  Applying  the  constructive  method
would produce a net weight of 3,120 pounds (78 inventory  items  times
40 pounds).  This tends to indicate there may have been a problem with
the officially recorded weight of this shipment.

A complete copy of JPPSO evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant  on  9
June 2006 for review and response.  As of this date, no  response  has
been received by this office.

_________________________________________________________________

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  a  thorough  review  of  the
available evidence, we  are  sufficiently  persuaded  that  corrective
action is warranted.   The  Board  notes  an  inspector  reviewed  the
contents of the fourth shipment  (GBL ZY-954,481)  and  determined  an
error was made in computing  the  weight.   We  are  not  inclined  to
provide the total relief requested by the applicant.   However,  based
on current Air force policy, when it is impossible or  impractical  to
weigh a shipment, the carrier industry and the  Government  accepts  a
constructive weight by multiplying 40 pounds times the number of  line
items in the shipment.  Applying this method to  the  fourth  shipment
produced a net weight of 3,120 pounds (78 inventory times 40  pounds),
at a cost of $2,835.88  rather  than  $3,729.73,  which  provides  the
applicant partial relief.  In regards to  the  applicant’s  contention
the packers in Japan used excessive packing material and the  contents
were water damaged due to heavy rains, no evidence has been  presented
to substantiate the his claim and  that  portion  of  his  request  is
denied.  Accordingly, we recommend that  the  applicant's  records  be
corrected as set forth 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  applied  for  a
remission of his indebtedness of $5,332.13, incurred as  a  result  of
the excess costs incurred by the Government in  the  shipment  of  his
household goods, and his request was partially approved in the  amount
of $893.85 by competent authority.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2006-00839 in Executive Session on 20 July 2006, under the  provisions
of AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Ms. LeLoy W. Cottrell, Member
      Mr. James A. Wolffe, Member

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

     Exhibit A.  DD Form 149, dated 12 Mar 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, DFAS-POCC/DE, dated 30 Mar 06.




     Exhibit D.  Letter, JPPSO-SAT/ECAF, dated 31 May 06.
     Exhibit E.  Letter, SAF/MRBR, dated 9 Jun 06.




                                   LAURFENCE M. GRONER
                                   Panel Chair

AFBCMR BC-2006-00839




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 on 31 March 2005,  he
applied for a remission of his indebtedness of $5,332.13, incurred  as
a result of the  excess  costs  incurred  by  the  Government  in  the
shipment of  his  household  goods,  and  his  request  was  partially
approved in the amount of $2,886.43 by competent authority.





JOE G. LINEBERGER

Director




MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
  FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  XXXXXXXXXXXX Docket Number BC-2006-00839

      I have carefully considered all the circumstances of this case and
agree with the AFBCMR panel that partial relief is warranted with respect
to the applicant’s request that his debt associated with the shipment of
his household goods be remitted.  However, while I am not inclined to
provide the total relief requested by the applicant, I believe further
relief is warranted.

      The Joint Personal Property Shipping Office (JPPSO) states there may
have been a problem with the officially recorded weight of one of the
applicant’s shipments.  For this reason, they support the applicant’s
request for remission of the balance of the debt and I support their
recommendation wholeheartedly.

      In arriving at my decision, I considered the JPPSO recommendation and
the inspector’s determination that a problem existed with one of the
applicant’s shipments.  Furthermore, in deference to his overall military
record and recognition for his over 22 years of honorable service to our
country, I direct his remaining debt in the amount of $2,886.43 be
remitted.






                                                                        JOE
G. LINEBERGER

Director

 Air Force Review Boards Agency




AFBCMR BC-2006-00839




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 he applied for
a remission of his indebtedness of $5,332.13, incurred as a result of
the excess costs incurred by the Government in the shipment of his
household goods, and his request was partially approved in the amount
of $893.85 by competent authority.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency