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Decision Text

AF | BCMR | CY2011 | BC-2011-01423
Original file (BC-2011-01423.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2011-01423
	
		COUNSEL:  NONE
		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be compensated for his Personally Procured Move (PPM) as 
briefed to him by Hickam Transportation Management Office (TMO). 

_________________________________________________________________

APPLICANT CONTENDS THAT:

The TMO office 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.  He would not have done a DITY move had he known 
the correct rate provided no incentive and resulted in extra 
costs.

In support of his appeal, the applicant provides a letter from 
the Commander, and other forms associated with his move.

The applicant's complete submission, with attachments, is at 
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is in the Regular Air Force serving in the grade 
of master sergeant.

On 2 April 2010, pursuant to Permanent Change of Station orders, 
from Hickam AFB, HI to Eglin AFB FL, the applicant was counseled 
on PPMs.  The applicant was quoted $17,706.70 as the “Estimated 
Gross Incentive” to personally procure his move.  Based on that 
amount, the applicant was given an advance payment of 
$10,624.02.  

On 6 August 2010, the Eglin TMO computed the applicant’s actual 
cost as 9,584.38.  Since the applicant received an advance, he 
owed the government, $1,582.68.  The applicant applied for a 
remittance of debt, which the Air Force approved. 



Effective 1 April 2010, change 283 to the JFTR requires that 
Government Constructed Costs (GCC) used to determine the 
incentive payments in PPM be based on “best value” versus the 
“low cost” charges.

_________________________________________________________________

AIR FORCE EVALUATION:

PPA HQ/ECAF recommends denial.  ECAF states the JFTR requires 
the member’s incentive be based on 95 percent of the GCC, and at 
the time of the applicant’s shipment, the GCC was based on “best 
value” rates.  The applicant’s total moving expenses totaled 
$10,624.02.  Although, he did not receive as much incentive as 
he was initially advised, he did not lose any money on the PPM.  
The applicant applied for and was approved for a remission of 
the debt established for the excess advance payment he received 
in the amount of $1,582.68.

The complete ECAF evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded by stating that he did not receive the 
briefing regarding the change in the JFTR until 25 Jun 10, two 
full months after the change.  

The following key points are made in his rebuttal:
	
	a. After being briefed, he asked if he could cancel his PPM.  
The TMO agreed to allow him to cancel the PPM.  He immediately 
contacted the contract company and explained his situation; the 
company also agreed it was unfair to make him continue with the 
shipment.  However, the company told him that if his container 
was not already on the ship they would cancel the shipment.  
Unfortunately, for him, the container was in the middle of the 
ship and could not be easily accessed.  He then went back to the 
TMO office and told them he had to continue with the PPM.  

	b. He went to the base legal office for counseling.  The legal 
office agreed that the situation was wrong, but from a legal 
standpoint, there was nothing that could be done.  On 26 Jun 10, 
he contacted his Congressional representatives for assistance; 
however, they too agreed that this was wrong and never should 
have happened; but, there was nothing they could do.





	c. He applied for a debt remission and was approved; however, 
the Defense Accounting and Finance Service (DFAS) have already 
started collecting the debt.  He is working with DFAS to resolve 
this issue.

_________________________________________________________________

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.  Although it does appear 
the applicant was miscounseled regarding the amount of 
reimbursement he could expect to receive for a Personally 
Procured Move, 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/ECAF 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-2011-01423 in Executive Session on 9 Feb 12, under the 
provisions of AFI 36-2603:

			, Vice Chair
	, Member
		, Member

The following documentary evidence for Docket Number BC-2011-
01423 was considered:

	Exhibit A.  DD Form 149, dated 28 Apr 11, w/atchs.
	Exhibit B.  PPA HQ/ECAF, Letter, dated 1 Aug 11.
	Exhibit C.  SAF/MRBR, Letter, dated 19 Aug 2011.
	Exhibit D.  Letter, Applicant, undated.




								
								Vice Chair

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