RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02107
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The indebtedness he received for exceeding the weight limits in
the shipping of his household goods (HHG) be removed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He incurred a debt for a permanent change of station (PCS) move
due to being poorly briefed by the Transportation Management
Office (TMO) and the Joint Personnel Property Shipping Office
(JPPSO). He had two consecutive PCS moves in November 2005 and
May 2008. He was overweight for both moves, but was not notified
of the overage until December 2008 for the 2005 PCS and August
2010 for the 2008 PCS. He requested remission for both debts,
but was only approved for remission of the debt related to the
2005 PCS. Both debts stemmed from the same TMP/JPPSO error and
the two plus year delay in notification of indebtedness denied
him due process or the opportunity to request a reweigh.
He believes if he had been notified in a timely manner on the
first overweight PCS move, he would have paid the bill and had a
reasonable opportunity to lighten his load for future moves.
In support of his appeal, the applicant provides a copy of
DD Form 2789, Waiver/Remission of Indebtedness Application, a
copy of a Memorandum for SAF/MRB and AFFSC/Remission, and a copy
of a memorandum for HQ USAFA/CC.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the rank of
Lieutenant General (O-9).
The applicant was reassigned from Keesler AFB, MS to Scott AFB,
IL per Special Order AB-050725. On 15 July 2008, the 37th
Logistics Readiness Squadron TMO noticed the applicants HHG
shipment may have exceeded the weight allowance and notified the
applicant that excess cost may occur. The applicant questioned
the TMO regarding exceeding his weight allowance since his
previous PCS shipment was not in excess of the allowance, as he
had not received a notification of excess cost for the move. A
query was forwarded to PPA HQ/ECAF for determination if the
applicants previous PCS move was in excess. PPA HQ/ECAF advised
that the Defense Finance and Accounting Services (DFAS) did not
identify any excess cost for the applicants PCS move to Keesler
AFB; however, the documentation reflected the weight of the
shipment exceeded the applicants authorized weight allowance.
After retrieving shipment and payment documentation, PPA HQ/ECAF
initiated a DD Form 139, Pay Adjustment Authorization, for
$3,860.56, which was forwarded to the Financial Services Office
(FSO) for collection.
The applicant submitted a request for remission of the $3,860.56
debt and, on 15 Jun 09, AFSSC approved the applicants request.
On 2 Sep 10, after reviewing all documentation regarding the HHGs
shipment to Scott AFB, PPA HQ/ECAF initiated a DD Form 139 for
the excess shipping weight cost of $2,676.54 and forwarded it to
the FSO for collection. The applicant submitted a remission
request for the $2,676.54 debt and, on 18 Mar 11, the Secretary
of the Air Force disapproved the applicants request.
_________________________________________________________________
AIR FORCE EVALUATION:
PPA HQ/CC recommends denial noting that while the delay in
notification of the debt was unfortunate, it does not negate the
applicants responsibility of reimbursing the Government for the
overage cost for the shipment of his HHGs. The Joint Federal
Travel Regulation (JFTR) indicates the Governments HHG
transportation obligation is limited to the cost of transporting
the members maximum allowable HHG weight allowance in one lot
between authorized places. It indicates the member is
financially responsible for all transportation costs as a result
of exceeding the authorized weight allowance and provides that
the Government may pay the total charges applicable to any excess
weight and collect reimbursement from the member. Further, there
is no statute of limitations on debts of this nature. The
applicant was informed that he may have exceeded his HHGs weight
allowance and could have requested the shipment be reweighed at
that time. Although, there is no evidence he was briefed
regarding the option to have the shipment reweighed, the
applicant has not provided any justification to substantiate his
request for relief of the debt.
The complete PPA HQ/CC evaluation is Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 9 December 2011 for review and comment within 30 days. As of
this date, no response has been received by this office
(Exhibit C).
_________________________________________________________________
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. After a
thorough review of the evidence of record and the applicants
complete submission, we are persuaded the failure to timely
notify the applicant that he had exceeded his authorized weight
allowance on his 2005 HHGs shipment compromised his opportunity
to make adjustments before his next move in 2008. We note the
debt incurred by the applicant for his 2005 move was remitted.
In our view, the justification for remitting the debt for the
excess shipment in 2005 should also apply to the 2008 shipment.
Additionally, we note that although the Air Force office of
primary responsibility indicates the applicant could have
requested a reweigh of his HHGs, they cannot confirm the
applicant was properly briefed on this option. Therefore, in the
interest of equity and justice, we recommend his records be
corrected to the extent 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 on
22 Sep 10, he applied for remission of the indebtedness he
incurred in the amount of $2,676.54 as a result of the shipment
of excess weight of household goods and his application was
approved by competent authority.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02107 in Executive Session on 16 Feb 12 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-02107 was considered:
Exhibit A. DD Form 149, dated 26 May 11, w/atchs.
Exhibit B. Letter, PPA HQ/CC, dated 28 Nov 11.
Exhibit C. Letter, SAF/MRBR, dated 9 Dec 11.
Panel Chair
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