RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02765
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive compensation for his personally procured move (PPM)
from Hawaii to Texas 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 would have 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 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 a personal
statement, copies of his receipts, a letter of support from the
commander, a DD Form 2278, Application for Do It Yourself Move
and Counseling Checklist, his request for remission and
consequent approval from the Defense Finance and Accounting
Service (DFAS), his permanent change of station (PCS) paperwork,
and pertinent e-mail communications.
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 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 13 May 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 $16,341.05 and an
advance operating allowance of $10,320.66.
When the PPM was re-calculated under the required DPS, the
applicants incentive payment was reduced to $8,977.60. Since
he had already received an operating allowance of $10,320.66, he
received a bill for $1,343.06, 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 had $210.08 in out-of-pocket expenses.
_________________________________________________________________
AIR FORCE EVALUATION:
PPA HQ/ECAF recommends a partial grant in that since the
applicant experienced a net loss of $210.08 (out-of-pocket)
expenses, he should be reimbursed that amount.
Regarding the applicants request for full compensation of his
GCC ($16,341.05) based on the TOPS calculation; ECAF notes that
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. ECAF cites the JFTR which
requires that the members incentive be based upon 95% of the
GCC using the best value rates reflected in DPS.
Although it is unfortunate the applicant did not receive as much
incentive as he was initially advised, the difference between
the initial estimate and the corrected estimate of $1,343.06 was
remitted by the Air Force.
The complete ECAF evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states he has met his burden of providing
sufficient evidence that a material error or injustice occurred.
There is no disagreement that he received inaccurate counseling,
that he made the decision to do the PPM on behalf of his family
based on that counseling, that his family and he expended
significant time and effort to complete the PPM, and, that the
error on the part of the Air Force has led to a significantly
adverse impact on he and his family.
The applicants complete submission is at Exhibit D.
_________________________________________________________________
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 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 this recommended relief is
consistent with relief granted 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. Therefore, we recommend the
applicants 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 APPLICANT, be corrected to show that under
competent authority, government procured transportation was not
available and in accordance with Joint Federal Travel Regulation
(JFTR), Volume 1, paragraph U5320-D.1, he is authorized
reimbursement for out of pocket expenses in the amount of
$210.08.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02765 in Executive Session on 6 Nov 12, under the
provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Jun 11, w/atchs.
Exhibit B. Letter, PPA HQ/ECAF, dated 19 Oct 11.
Exhibit C. Letter, SAF/MRBR, dated 18 Nov 11.
Exhibit D. Letter, Applicant, dated 15 Dec 11.
Vice Chair
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