RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01165
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive compensation for his personally procured move (PPM)
from Hawaii to Texas based on the rates he was quoted using the
Transportation Operational Personal Property Standard (TOPS)
system rather than those authorized by the Defense Personal
Property System (DPS).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would not have agreed to a PPM that provided no incentive
payment and resulted in excess cost.
The change from TOPS to DPS significantly reduced rates for PPMs
between Hawaii and the CONUS. The Hickam Traffic Management
Office (TMO) used the legacy TOPS to provide the compensation
estimate instead of DPS, as directed by the AF Personal Property
Agency (PPA) HQ Advisory and the new Joint Federal Travel
Regulation (JFTR) and AF supplement language.
In support of his appeal, the applicant provides personal
statements, copies of his receipts, and a letter of support from
the commander of his base.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 14 Apr 10, the AF PPA HQ directed use of the new PPM module
featured in the 1 Apr 10 release of DPS, effective on 15 Apr 10.
This included changes to the JFTR, and execution of the Best
Value methodology, significantly reducing the rates for PPMs
between Hawaii and the CONUS. The Hickam AFB TMO erroneously
extended use the legacy TOPS to provide compensation estimates
instead of DPS as required by AF PPA HQ.
Change 283 to the JFTR required that, effective 1 Apr 10, the
Government Constructed Cost (GCC) used in determining the
incentive payments in PPMs be based upon best value charges
versus the low cost charges. The applicants incentive under
DPS was 95 percent of the GCC. PPA HQ sent an advisory to the
field requiring all AF PPMs processed in TOPS prior to 15 Apr 10
be closed out in TOPS, and all PPMs processed on 15 Apr 10 or
later be processed in DPS.
The applicants PPM was initiated on 16 Apr 10 via a DD Form 2278, Application for Do-It-Yourself Move and Counseling Checklist.
The applicants original estimate was calculated under TOPS and
resulted in an estimated incentive payment of $20,957.76 and an
advance operating allowance of $13,236.48.
When the PPM was re-calculated under DPS, the applicants
incentive payment was reduced to $12,191.79. Since he had already
received an operating allowance of $13,236.48, he received a bill
for $1,044.69, the difference between the authorized incentive
payment (less tax withholding), and the operating allowance
previously received.
The applicant applied for remission of the debt and the
application was approved.
The evidence of record indicates the applicant incurred $14,738.15
in actual expenses related to his move.
_________________________________________________________________
AIR FORCE EVALUATION:
PPA HQ/DD recommends that partial relief be granted, indicating
the applicant should be reimbursed for his out-of-pocket expenses
of $2,546.36 arising from the failure of the Hickam AFB TMF
failure to timely implement changes requiring that Government
Constructed Cost (GCC) used in determining incentive payments in
PPMs be based upon best value charges, rather than low cost
charges. As a result, the applicant incurred a debt to the
government and out-of-pocket expenses in excess of his adjusted
operating cost. While the debt to the government was eventually
remitted, he still had a remaining out-of-pocket expense of
$2,546.36. As for the applicants request for full compensation
of his GCC ($20,957.76) based on the TOPS calculation, Federal law
explicitly prohibits the Department from paying any member under
this program more that it would have cost the Government to ship
their HHG. At the time the applicants shipment was processed,
the GCC was based upon the best value rates reflected in DPS.
DDs complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 29 Jul 11 for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice warranting
corrective action. We took notice of the applicants complete
submission in judging the merits of the case and agree with the
determination of the Air Force office of primary responsibility
the applicant should be reimbursed for his out-of-pocket expenses
related to his personally procured move (PPM). While it is
regrettable the applicant did not receive the incentive payment
expected, we believe the appropriate relief is to reimburse the
applicant for his out-of-pocket expenses. The Board has reviewed
a number of these cases and notes this recommended relief is
consistent with relief grated by the Board to others similarly
situated. That is, while an error was made, the Board does not
believe it to be in the interest of justice to correct a record
contrary to provisions of law. We note the Air Force remitted
the debts in cases where the member received an advance greater
than that authorized, providing those members a de facto
incentive when their expenses were less than this amount. While
the applicants circumstance appears different in that he had
expenses greater than his advance, we believe the only relief
that should be granted by the Board is to compensate him for his
out of pocket expenses. In reviewing the advisory from PPA
HQ/DD, it appears their computation of the applicants out of
pocket expenses may be incorrect. We believe the applicant
should be compensated for the total amount of expenses he
incurred, listed as $14,738.15 in the advisory, minus the total
compensation he received, $13,236.48. Therefore, we recommend
the applicants records be corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that under
competent authority, government procured transportation was not
available and, in accordance with Joint Federal Travel Regulations
(JFTR), Volume 1, paragraph U5320-D.1, he was authorized
reimbursement for expenses incurred in the amount of $1,501.67.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2011-01165 in Executive Session on 14 November 2011, under the
provisions of AFI 36-2603:
Vice Chair
Member
Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Mar 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, PPA HQ/DD, dated 20 Jul 11.
Exhibit D. Letter, SAF/MRBR, dated 29 Jul 11.
Vice Chair
AFBCMR BC-2011-01165
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for
Correction of Military Records and under the authority of Section 1552, Title 10, United States
Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force relating to
Applicant, be corrected to show that under competent authority, government procured
transportation was not available and, in accordance with Joint Federal Travel Regulations (JFTR),
Volume 1, paragraph U5320-D.1, he was authorized reimbursement for expenses incurred in the
amount of $ 1,501.67.
Director
Air Force Review Boards Agency
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