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AF | BCMR | CY2006 | BC-2006-00952
Original file (BC-2006-00952.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00952
            INDEX CODE:  128.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  30 SEPTEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed in the amount of $424.00 for the difference in shipping
costs of his Privately Owned Vehicle (POV).

_________________________________________________________________

APPLICANT CONTENDS THAT:

While coordinating his PCS from Nellis AFB to  Elmendorf  AFB,  his  advisor
told him that he could ship his  POV  from  any  Vehicle  Processing  Center
(VPC) at no additional cost.  He was advised incorrectly  and  thus  charged
the difference in shipping costs between Orlando and  Los  Angeles.   He  is
seeking financial restitution for the mistakes  of  the  responsible  Travel
Management Office (TMO).

In support of the application, the applicant submits his  unsigned  personal
statement and his POV shipping documents.

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

_________________________________________________________________

STATEMENT OF FACTS:

According to the military personnel data system (MilPDS), the  applicant  is
currently serving on active duty in the grade of major with a  Total  Active
Federal Military Service Date of 31 May 1995.

According to the Air Force office of  primary  responsibility,  in  February
2006, the applicant made a permanent  change  of  station  (PCS)  move  from
Nellis AFB, NV, to Elmendorf AFB, AK.  He shipped  his  POV  in  conjunction
with his PCS.

The Los Angeles, CA, VPC is the  designated  VPC  for  members  assigned  to
Nellis AFB, NV, when shipping a vehicle to Alaska.   The  applicant  shipped
his  POV  through  the  Orlando,  FL,  VPC  and  was  charged  $424.00,  the
difference in shipping cost between the authorized port  and  the  alternate
port.

_________________________________________________________________

AIR FORCE EVALUATION:

JPPSO-SAT/ECAF recommends denial of the applicant’s  request.   ECAF  states
when a POV shipment is authorized, one POV  not  to  exceed  20  measurement
tons may be transported from the POV port of VPC serving the  old  permanent
duty station  (PDS)  or  a  POV  port/VPC  serving  the  passenger  port  of
debarkation (POD) or a POV port/VPC between the old and new PDS to  the  POV
unloading port/VPC serving the  new  PDS.   Transportation  may  be  between
other  than  the  designated  ports,  provided  the  member  reimburses  the
Government for any excess cost involved.

ECAF notes when members are counseled on shipping a POV, they  are  provided
a copy of “Shipping Your POV Pamphlet.”  The member’s  responsibilities  are
listed on page 6 of the pamphlet, and states in part “If  a  member  chooses
to ship out of an alternate port, there may  be  an  alternate  port  charge
incurred to the member if the alternate port is farther away from their  new
duty assignment than the designated port. …”

ECAF concludes when members ship HHG or POVs the entitlement is always  from
the old duty station to the new duty station  via  the  most  direct  route.
When members choose to  ship  to  or  from  an  alternate  place,  they  are
required to reimburse the Government the cost of the difference between  the
alternate location and the authorized points.

The complete ECAF evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9  June
2006, for review and comment within 30 days.  As of this date,  this  office
has received no response (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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or  injustice.   The  applicant  states  he  was
“advised incorrectly.”  However, other  than  his  own  assertions,  he  has
provided no evidence that  would  lead  us  to  believe  the  TMO  counselor
provided misleading or inaccurate information.  In addition, he  was  issued
a pamphlet which stated that an  alternate  port  charge  may  incur  if  an
alternate port was used to ship his POV.  In this regard, we agree with  the
opinion  and  recommendation  of   the   Air   Force   office   of   primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an error or injustice and  find  no
basis to recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
00952 in Executive Session on 25 July 2006, under the provisions of AFI  36-
2603:

      Mr. James W. Russell III, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Elwood C. Lewis III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Mar 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, JPPSO-SAT/ECAF, dated 1 Jun 06, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 9 June 06.




      JAMES W. RUSSELL III
      Panel Chair

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