RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01577
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be entitled to reimbursement of the Household goods (HHG)
shipment of his professional books, papers, and equipment
(PBP&E).
________________________________________________________________
THE APPLICANT CONTENDS THAT:
The HHG shipment of his PBP&E was not annotated properly on his
Descriptive Inventories Sheet, dated 6 Jun 07. Short notice
changes in orders, language barriers and his mistake in not
checking to ensure the instructions he gave to the movers were
followed resulted in his PBP&E not being properly annotated and
his HHG being overweight. During his permanent change of station
(PCS) from Germany to XXXXXXX, (AL), he originally estimated 500
pounds of PBP&E on his application. However, there were no
items annotated as PBP&E on his HHG Descriptive Inventories or
United States (US) Government Bill of Lading.
In support of his appeal, the applicant provides a personal
statement and a copy of his HHG shipment documentation.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on the available evidence and that provided by the Air
Force office of primary responsibility (OPR), the applicant was
reassigned on a PCS from Germany and diverted to XXXXXXX, AL.
He effected two personal property shipments in conjunction with
his PCS, an unaccompanied baggage (UB) shipment weighing 1,070
pounds under Government Bill of Lading (GBL) JQ-732648 and a HHG
shipment weighing 18,920 pounds under GBL JQ-732646. The
combined weight of the shipments exceeded the applicants
prescribed weight allowance of 17,000 pounds. The Air Force
Cost Adjudication Function (ECAF) initiated a debt against the
applicant in the amount of $1,106.39 for exceeding his
authorized weight allowance.
________________________________________________________________
THE AIR FORCE EVALUATION:
JPPA-SAT/ECAF recommends denial, stating, in part, although the
process of the notification of the excess cost to the applicant
was flawed, (funds being taken from pay without prior
notification) the debt for exceeding his authorized weight
allowance was in fact valid. The Air Force supplement to the
JFTR provides specific requirements that must be met in order
for PBP&E to be credited, and the applicant did not meet those
requirements.
JPPA-ECAFs adjudication section reviewed the case file and
determined the debt was correct, advising that previous or
subsequent shipment weights could not be used in determining the
excess cost for the shipment in question. In order to receive
credit for PBP&E, the Air Force Supplement to the Joint Federal
Travel Regulation (JFTR) requires that it be separately packed
marked, weighed, and a clear description of articles entered on
the descriptive inventory prepared at the time of pick up.
There was no annotation of PBP&E on the shipping documents,
therefore, no credit could be allowed. Additionally, the
applicant signed the inventory acknowledging that the inventory
was correct. The applicant disagreed with the determination,
deeming it an unacceptable response and a superficial assessment
of his case. ECAF reviewed his rebuttal and again determined
the debt was correct, advising that the administrative errors or
untimely notification of indebtedness could not be used as a
basis in which to eliminate the excess cost. The applicants
rights were determined by law, as implemented in the appropriate
regulations.
The applicant is requesting the 22 items in his HHG Descriptive
Inventory, equating to a constructive weight of 2,068 pounds, be
annotated as PBP&E. The JFTR advises that PBP&E must be
declared at origin and documented in accordance with (IAW)
agency/service transportation policy and procedures. HHG not
declared and/or documented as PBP&E prior to the HHG
transportation is part of the HHG counted against the applicable
weight allowance. It states that if a carrier fails to record
and weigh the items, credit may be given if the transportation
management office (TMO) documents the items and weight upon
delivery.
The complete JPPA-SAT/CC evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 13 Aug 10 for review and comment within 30 days.
Subsequently, the applicant notified the Board of a change of
address and a copy of the evaluation was forwarded to his new
address on 19 Nov 10. The applicants case was considered by
the Board on 14 Dec 10, but held in abeyance pending his
response to the evaluation. However, 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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of JPPA-SAT/ECAF and adopt its rationale as the basis for our
conclusion that the applicant has not been the victim of an
error or injustice. Therefore, in the absence of 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2010-01577 in Executive Session on 14 December 2010,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-01577 was considered:
Exhibit A. DD Form 149, dated 20 Apr 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, JPPA-SAT/ECAF, dated 6 Aug 10.
Exhibit D. Letter, SAF/MRBR, dated 13 Aug 10.
Panel Chair
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