RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03079
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be compensated for his personally procured move (PPM) as
briefed to him by the Hickam Traffic Management Office (TMO), or
in the alternative cover the actual cost of the PPM.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. The TMO 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.
2. He would not have agreed to a PPM that would have provided no
incentive and resulted in excess costs.
3. The decision to accomplish a PPM was based on the TMOs
briefed rates of $174.38, which would have resulted in a cost of
$13,950.40 and an incentive of $8,370.24. Instead, the change
to best value rates resulted in a government computed rate of
$96.24 with a total cost of $13,407.64. Had he been compensated
at the originally agreed upon rate, he would have been able to
cover the actual cost of the move and make a small profit of
$1,501.85.
4. He was only compensated $8,370.24, which did not cover the
total move cost of $13,407.64. Therefore, he incurred a
substantial debt of $5,037.40, due to the mistake.
5. Should the Board decide only to compensate him for the actual
move cost, then he requests the Board add an additional monthly
interest rate of 8.25 percent (the amount his credit card
company is charging him) beginning June 2010 to 3 March 2011
(the date his initial AFBCMR request was closed based on a
Waiver/Remission of Indebtedness Application that was filed).
In support of his request, 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 currently serving in the Regular Air Force in
the grade of technical sergeant.
On 4 June 2010, pursuant to a permanent change of station (PCS)
move from Hickam AFB, HI to Shaw AFB, SC, the applicant was
counseled on PPMs. The applicant completed a DD Form 2278, Application for Do-it-Yourself Move and Counseling Checklist,
and was quoted an estimated incentive payment of $13,950.40 to
personally procure his move. Based on that amount, the
applicant was given an advance payment of $8,370.24.
The applicant personally arranged to have his HHG transported at
a cost of $13,407.64. Under the Defense Personal Property
System (DPS), the total incentive payment authorized was
$8,228.52. Since the applicant received an advanced allowance of
$8,370.24, he owed the government $141.72.
The applicant applied for a remission of the debt, and it was
approved by the Air Force.
Effective 1 Apr 10, change 283, to the Joint Federal Travel
Regulation (JFTR), required that Government Constructed Cost
(GCC) used to determine the incentive payments in PPMs be based
on best value charges, versus the low cost charges.
_________________________________________________________________
AIR FORCE EVALUATION:
PPA HQ/ECAF recommends denial. The JFTR requires a members
incentive be based upon 95 percent of the GCC, and at the time
the applicants shipment was processed, the GCC was based upon
the best value rates reflected in DPS.
ECAF recommends the applicant be reimbursed for any funds
personally expended in excess of the authorized GCC.
Documentation in the case file indicates the applicant paid a
total of $13,407.64 for the shipment of his household goods
(HHGs). He received a total of $8,370.24 for the PPM, resulting
in an out of pocket expense of $5,037.40.
The complete ECAF evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 10 Nov 11 for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
response.
_________________________________________________________________
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 an injustice. Although
it does appear the applicant was miscounseled regarding the
amount of reimbursement he could expect to receive for a PPM, we
are not inclined to grant him full relief. However, we do
believe partial relief is warranted in this case, and recommend
the applicant be reimbursed for his actual expenses incurred.
We note the applicant received partial relief through the
remission process; however as PPA HQ/ECAF pointed out there
still is a net loss of $5,037.40. ECAF is recommending the
applicants alternative request be approved and he be reimbursed
for his out of pocket expenses totaling $5,037.40, and we agree
and believe this constitutes proper and fitting relief. We also
note the applicant requests the Board add an additional monthly
interest rate of 8.25 percent, to cover the amount his credit
card company charged him during the period June 2010 to 3 March
2011. However, the Air Force has no authority to pay expenses
of any kind incurred by or on behalf of an applicant in
connection with a correction of military records under 10 U.S.C.
§1034 or §1552. Therefore, we accept the opinion and
recommendation of ECAF and adopt its rationale as the basis for
our recommendation to correct the applicants records 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 Regulation (JFTR),
Volume 1, paragraph U5320-D.1, he is authorized reimbursement for
actual expenses incurred. The expenses incurred were $13,407.64;
the advance operating allowance received was $8,370.24; resulting
in an out of pocket expense of $5,037.40 due the member.
_______________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2011-03079 in Executive Session on 13 March 2012, 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 9 August 2011, w/atchs
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. PPA HQ/ECAF, Letter, dated 20 October 2011.
Exhibit D. SAF/MRBR, Letter, dated 10 November 2011.
Vice Chair
AF | BCMR | CY2011 | BC-2011-01499
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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. When the PPM was re-calculated under the required DPS, the applicants incentive payment was reduced to $15,773.80. _________________________________________________________________ AIR FORCE EVALUATION: PPA HQ/DD recommends that partial relief be granted, indicating the...
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She would not have done a DITY move had she known the correct rate provided no incentive and resulted in extra costs. 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. Although it does appear the applicant was miscounseled regarding the amount of reimbursement she could expect to receive for a Personally Procured Move, she was fully...
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ECAF states the JFTR requires that a members incentive be based upon 95 percent of the GCC, and at the time of the applicants shipment, the GCC was based upon the best value rates reflected in the DPS. To date, a response has not been received (Exhibit C). Although it does appear the applicant was miscounseled regarding the amount of reimbursement he could expect to receive for a PPM, he was fully compensated for his move and in reality received a de facto incentive through remission...
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