RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00529
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be compensated for his personally procured move (PPM) as
briefed by his Traffic Management Flight (TMF).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The TMF incorrectly used low cost rates to counsel him on his
PPM application rather than the newly implemented best value
rates. As such, the counselor incorrectly estimated the amount
of compensation he would receive for a Do-it-Yourself (DITY)
move. Had he not been miscounseled, he would not have agreed to
a PPM that would have provided no incentive and resulted in
excess costs.
In support of his request, the applicant provides documents
associated with his move.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air force in
the grade of master sergeant (MSgt).
The applicant was counseled on doing a personally procured move
in conjunction with his permanent change of station (PCS) move
from Hickam AFB, HI to Beale AFB, CA. On 9 June 2010, the
applicant completed a DD Form 2278, Application for Do-it-
Yourself Move and Counseling Checklist, and was quoted an
estimated incentive payment of $15,404.35 to personally procure
his move. Based on that amount, the applicant was given an
advance payment of $9,729.06.
The applicant personally arranged to have his HHG transported at
a cost of $7,489.58 (to include $51.71, for the purchase of
packing materials). Under the Defense Personal Property System
(DPS), the maximum payment authorized for shipping the actual
weight of 11,000 pounds was $9,163.94. Since the applicant
received an advanced allowance of $9,729.06, he owed the
government $983.71.
The applicant applied for a remission of the debt, and it was
approved by the Air Force.
_________________________________________________________________
AIR FORCE EVALUATION:
PPA HQ/CC recommends denial, indicating that federal law
prohibits paying any member more for shipping goods than it would
have cost the government to ship the goods. Change 283, to the
JFTR, effective 15 Apr 10, required that Government Constructed
Cost (GCC) used to determine the incentive payments in PPMs be
based on best value charges, versus the low cost charges.
The Personal Property Activity Headquarters (PPA HQ) directed the
use of the new PPM module featured in the 1 Apr 10 release of
DPS, which coincided with changes to the JFTR and execution of
the best value cost methodology. This change significantly
reduced the rates for PPMs between Hawaii and the Continental
United States (CONUS). In addition to the change 283 of the
JFTR, AF/A4L posted a revised Attachment 14 to the AF Supplement
to the JFTR on 15 Apr 10 to reiterate the new requirement. Also,
PPA HQ transmitted to the field an advisory requiring all AF PPMs
processed in TOPS before 15 Apr 10 be closed out in TOPs (paid at
the low cost rate), and the PPMs processed on 15 Apr 10 or after
to be processed in DPS (paid at the best value rate.
The complete PPA HQ/CC evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He believes the DD Form 2278 constituted a binding agreement
between the US Government and him and the government defaulted on
that agreement in violation of the intent of the Antideficiency
Act, Fiscal Law and American values. The recommendation to deny
his claim based on the fact he did not lose money is unjust and
dishonorable. He did not go into this venture to save the
government money, he did it as an investment with profit
potential. The fact he was able to mitigate his loss and turn a
small profit does not make what the Air Force did right. In
addition, the government falsified the DD Form 2278, dated
23 Aug 10. The falsification of the document by the PPM office
was to enable his travel voucher to be processed. This required
him to acknowledge responsibilities, false travel advance amounts
and agreements, as if they were prior to conducting a PPM, when
in-fact the PPM had already been completed. Lastly, the
government has already admitted to "Significant Injustice caused
to him, beyond his control." For the BCMR to not entitle his
family to the agreed upon compensation based on the fact that he
mitigated his losses, would be unjust and only create disdain
toward how he may view the Air Force and how it's treating its
people.
The applicants complete submission, with attachments, is at
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 an error or injustice warranting the
relief sought in this application. While its apparent the
applicant was miscounseled regarding the amount of reimbursement
he could expect to receive for a Personally Procured Move, the
issue before the Board is whether additional relief beyond that
granted, that is remission of the established debt, is warranted.
We note that Title 37 prohibits payment of a monetary allowance
greater than what the cost would have been to the government.
Since the rates he was fully compensated for his move and in
reality received a de facto incentive through remission of the
debt he incurred for the excess advance he initially received.
We believe this constitutes proper and fitting relief.
Therefore, we agree with the opinion and recommendation of PPA
HQ/CC and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error or injustice
warranting further action by this Board. 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 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-2011-00529 in Executive Session on 16 Nov 11, under the
provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Feb 11, w/atchs.
Exhibit B. PPA HQ/CC, Letter, dated 18 Apr 11.
Exhibit C. SAF/MRBR, Letter, dated 9 May 11.
Exhibit D. Letter, Applicant, dated 17 May 11, w/atchs.
Vice Chair
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