RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01517
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive the compensation for his personally procured move (PPM)
from Hawaii to Florida that he was quoted using rates calculated
under 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 TMF used the legacy TOPS
to provide the applicants compensation estimate instead of DPS,
as directed by the AF Personal Property Agency (PPA) HQ Advisory
that transmitted the change and 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 recommending the AFBCMR grant his
request for the compensation he contracted for.
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 CONUS. The Hickam AFB TMO erroneously extended
use of 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. 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 15 Apr 10 or later
be processed in DPS.
The applicants PPM was initiated on 14 Apr 10 via DD Form 2278, Application for Do-It-Yourself Move and Counseling Checklist,
thereby requiring the re-calculation of his PPM from the TOPS
estimate to the DPS estimate.
The applicants original estimate was calculated under TOPS and
resulted in an estimated incentive payment of $27,077.28 and an
advance operating allowance of $17,101.44.
When the PPM was re-calculated under the required DPS, the
applicants incentive payment was reduced to $15,773.80. Since he
had already received an operating allowance of $17,101.44, he
received a bill for $1,327.64, the difference between the
authorized incentive payment, 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 $18,677.20
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 $2,943.40 arising from the failure of the Hickam AFB TMF to
timely implement changes requiring the Government Constructed Cost
(GCC) used in determining the incentive payments in PPMs to be
based upon best value charges, versus the 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 $2,943.40. As for the
applicants request for full compensation of his GCC ($27,077.28)
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:
In more than 10 military moves, he has relied on the local TMO to
provide professional service and accurate interpretation of JFTR
guidance. He expected the same level from the Hickam AFB TMO.
He further notes that his application was initiated prior to the
15 April cutoff (14 Apr) and, after numerous attempts over the
past 15 months to find out exactly when an application is
considered initiated and what that means (TMO, legal office, IG,
Finance), he has yet to find anyone who can or will answer his
questions.
The applicants complete response 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. 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 $18,677.20 in the
advisory, minus the total compensation he received, $17,101.44.
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 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 $1,575.76.
______________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2011-01517 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 10 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.
Exhibit E. Letter, Applicant, dated 1 Sep 11.
Vice Chair
AFBCMR BC-2011-01517
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 $1,575.76.
Director
Air Force Review Boards Agency
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