RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02860
INDEX CODE: 128.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His indebtedness for shipment of household goods per Special Order AB-0829,
dated 15 Nov 06, be waived.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had a permanent change of station (PCS) from Florida to Colorado. His
household goods (HHG) shipment resulted in 11 pages of inventory. The
transportation office states that the average weight per page of inventory
can safely be estimated at 1,000 to 1,200 pounds per page. He moved 2,500
pounds at his own expense. He was not presented with the weight of his
shipment and the driver did not check with the transportation office prior
to delivery. He was not credited with pro-gear weight which was set aside.
In support of the application, the applicant submits a 28-page enclosure
with eight separate attachments.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Military Personnel Data System (MilPDS)
indicates the applicant is currently serving on active duty as a Master
Sergeant effective and with a date of rank of 1 Oct 07.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
The Joint Personal Property Shipping Office (JPPSO) recommends denial.
JPPSO states the applicant made a HHG shipment in conjunction with his PCS
under Government Bill of Lading (GBL) ZX-222337, dated 13 Apr 07. The
shipment had a net weight of 19,220 pounds. As the applicant held the
grade of TSgt (E-6), with dependents at the time of his permanent change of
station (PCS), he exceeded the prescribed weight authorization of 11,000
pounds and was billed $8,395 for his proportionate share of the
transportation cost.
He filed a rebuttal of the excess cost charges and requested elimination of
debt due to (1) previous shipment was only 13,000 pounds and he could not
have possibly gained another 9,000 pounds in 4 years, (2) he transported
part of the property himself using a 16 foot rental truck at personal cost,
(3) another shipment was already on the truck when it arrived to pick-up
his property, and (4) he separated and identified professional books,
papers, and equipment (PBP&E) to the movers but the credit was not applied
to the excess cost computation.
The Excess Cost Adjudication Function (EXAF) reviewed the case and
determined the applicant had shipped personal property in excess of the
prescribed weight allowance, and the charges as listed were correct. They
stated that, according to the Comptroller General, the weight of a previous
shipment could not be used to substitute for the weight of a current
shipment. The weights were obtained on certified scales and in the absence
of any documented evidence indicating the weights were erroneous; they must
be accepted as being correct. Regulations require that PBP&E be separately
packed, marked, and identified as such on the shipping documents in order
to receive credit. Since no PBP&E were identified on the inventory, GBL,
or DD Form 619, Statement of Accessorial Services Performed, no credit
could be allowed.
Applicant filed for remission of debt indicating he was unable to afford
the repayment due to financial difficulties. He further stated he had
filed for Chapter 7 bankruptcy through the District of Columbia. The Air
Force Financial Services Center advised the request for remission was
denied and effected collection of $350.00 per month.
JPPSO states when a member makes a shipment in excess of the authorized
weight allowance, the total transportation cost must be pro-rated on the
basis that the member bears the portion that the excess net weight bears to
the total net weight transported. Shipments moving under GBLs are weighed
on certified scales as supported by certified weight certificates, and
without documented evidence indicating they are erroneous, the Government
pays transportation costs based on those weights. If a member exceeds his
weight allowance he must pay his proportionate share of those costs.
Estimates of shipment weights are not binding and cannot be substituted for
official weights obtained on certified scales. PBP&E must be declared at
origin and documented in accordance with transportation policy and
procedures. Although the applicant declared 1,500 pounds of PBP&E at the
time of counseling, he did not insure it was annotated on the actual
shipping documents. Therefore, there was no way to determine the amount of
PBP&E he shipped.
Certified weight tickets must be utilized when available, and shipping
documents must reflect the physical transportation of PBP&E in order for
credit to be granted.
The complete JPPSO evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 21 Nov
08 for review and comment within 30 days. As of this date, this office has
received no response (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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After a thorough review of the evidence
presented, we are not persuaded that the applicant has been the victim of
an error or injustice. Therefore, we agree with JPPSO’s opinion and
recommendation and adopt their rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice. In
the absence of persuasive evidence to the contrary, we 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 this application in Executive
Session on 25 February 2009, under the provisions of AFI 36-2603:
Mr. Michael J. Maglio, Panel Chair
Ms. Debra K. Walker, Member
Mr. Dick Anderegg, Member
The following documentary evidence was considered under AFBCMR Docket
Number BC-2008-02860:
Exhibit A. DD Form 149, dated 21 Jul 08, w/atch.
Exhibit B. Letter, JPSSO-SA/CC, dated 14 Nov 08.
Exhibit C Letter, SAF/MRBR, dated 21 Nov 08.
MICHAEL J. MAGLIO
Panel Chair
The shipment had an origin net weight of 16,345 pounds. According to JPPSO, the applicant did not provide any information to support an error or injustice by transportation personnel that increased the weight of his HHG. At origin, the shipment had a net weight of 16,370 pounds.
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