RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01131
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
The debt for his home-of-record (HOR) move be reduced.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The information he received during his Household Goods (HHG)
counseling did not inform him of the significant costs he would
assume for his HOR move. The initial cost estimate for his
decision to relocate to another location that was not his HOR was
$297.00. Had he known the cost of moving an additional 200 miles
beyond his authorized limit would cost him $6,479.30, he would
have made other arrangements. He was informed after the move
that he was 2,030 pounds over his limit which was too late to
make any changes. He was not notified for over two years of the
difference in cost. This debt has caused a financial hardship on
his family and will take years to pay back.
In support of his appeal, the applicant provides a personal
statement and a copy of his claim protest.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was honorably discharged from active duty effective
14 June 2007 in the grade of major (O-4). His HOR is indicated
as Warroad, Minnesota.
The remaining relevant facts, extracted from the applicants
military service records, are contained in the Air Force
evaluation at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
PPA HQ/CCC recommends denial. CCC states that per Special Order
A-055, dated 18 March 2007, the applicant was relieved from
active duty effective 1 May 2007, for the purpose of separation
from the Air Force. Incident to his separation, he initiated a
DD Form 1299, Application for Shipment and/or Storage of
Personnel Property, through the Traffic Management Flight (TMF)
at Laughlin Air Force Base, Texas, to have his HHG shipped. He
was authorized to ship HHG to his HOR in Warroad, Minnesota;
however, he elected to have his HHG shipped to Lancaster,
Pennsylvania, under Bill of Lading (BL) ZX-653433 on 12 June
2008. In June 2010, PPA HQ/ECAF initiated a debt in the amount
of $6,479.30 through the Defense Finance and Accounting Service
(DFAS) against the applicant for shipping HHG in excess of the
authorized weight allowance and for shipping to a location other
than the authorized destination.
The applicant filed a rebuttal, dated 2 November 2010, stating
that he received an estimate of $297.00 for excess cost when
scheduling his move, which was significantly lower than the
$6,500.00 actual debt. PPA HQ/ECAF reviewed the case and
determined the debt was indeed correct. They advised the
applicant that the difference between the estimated cost and the
actual cost was due in part to the estimate being for only 10,800
pounds and the actual weight being 20,030 pounds. Also, he was
liable for the cost difference between having his authorized
weight allowance shipped to his HOR, and the cost expended by the
Government to have his actual weight shipped to his selected
destination. Furthermore, not being informed of the debt in a
timely manner is not a basis for relieving him of his liability
to reimburse the Government for funds expended in excess of those
authorized.
CCC indicates that although the estimate was much lower than the
actual cost, it cannot be used as a substitute for actual costs.
Factors such as the actual weight, almost twice the amount as the
estimate, exceeding the authorized weight allowance, and the
system selecting a mover with a higher rate contributed
significantly to the actual higher costs. These additional
factors were not known until after the packing, pickup, weighing,
and shipment of his HHG. The fact that this information was not
known up front does not relieve the applicant of his
responsibility for reimbursing the Government for all costs
expended over the amount authorized.
The complete PPA HQ/CCC evaluation, with attachments, is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He does not dispute his responsibility for the additional cost of
moving beyond the mileage and the additional weight. What he
does dispute is the amount that he is responsible for. The
majority of the cost comes from the Line Haul Rate (LHR). The
estimate of $297.00 given to him was calculated based on the
location in Pennsylvania. The only mistake made on the estimate
was the authorized weight. The rate calculated after the move
almost doubled. The cost of packing for the additional 2,030
pounds increased significantly. He is being asked to cover
approximately 30 percent of the total packing costs for an
additional 2,030 pounds. In addition, the rate for the fuel
charge changed from the estimate he received. He is being asked
to pay for 30 percent of the total cost for an additional 200
miles of the total 1800 miles. They gave him an estimate for
moving to Pennsylvania, but did not use the rates quoted to him.
He based his decision on the information he was provided knowing
there would be additional cost. However, what he is asked to pay
now is far beyond what was expected. It seems unreasonable to
give a member a cost estimate with specific rates and then use a
completely different set of rates and expect the member to be
responsible for it. Everyone should be charged based on the
rates they were quoted in order to give them an opportunity to
plan and budget for their family. He is willing to pay some of
the additional cost, but, it seems the actual rates used were
never disclosed to him.
The applicants complete rebuttal is at Exhibit E.
_________________________________________________________________
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 an injustice. After
reviewing the evidence of record, the Board is not persuaded that
the applicant was improperly charged with a debt as a result of
the shipment of his Household Goods (HHG). While the applicant
attributes the imposed debt to having been miscounselled on the
estimated costs and indicates he would have made other
arrangements had he received a better estimate of costs, it
appears he did not provide all of the details related to his move
to receive a more accurate estimate. We note he shipped almost
double his authorized weight allowance and then to a different
location than originally indicated. Therefore, 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.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
_________________________________________________________________
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-2011-01131 in Executive Session on 1 November 2011,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2011-01131:
Exhibit A. DD Form 149, dated 17 Mar 11, w/atchs.
Exhibit B. Letter, PPA HQ/ECAF, dated 24 Jan 11, w/atchs.
Exhibit C. Letter, PPA HQ/CCC, dated 4 Aug 11, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 19 Aug 11.
Exhibit E. Letter, Applicant, dated 10 Sep 11.
Panel Chair
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