AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2011-02981
COUNSEL: NONE
HEARING DESIRED: YES
IN THE MATTER OF:
XXXXXXX
_______________________________________________________________
APPLICANT REQUESTS THAT:
The Government honor the contract he signed with them for a
personally procured move (PPM) at the estimated rate of
$13,565.34.
_______________________________________________________________
APPLICANT CONTENDS THAT:
On 29 Apr 2011, the Maxwell AFB traffic management flight (TMF)
quoted him a PPM incentive of $13,565.34.
On 3 May 2011, TMF was informed that the rates were going to
change, which was four days after he signed the contract.
TMFs were told to suspend PPM counseling on all shipments. On
6 May 2011, all PPMs were to be recomputed under the new rates.
He was not contacted, and in good faith that the government
would honor its contract, he proceeded with his move.
On 22 Jun 2011, he was told his rate had changed and he would
receive a total of $8,615.00 and not the agreed upon
$13,565.35. He filed a rebuttal to ECAF which was denied on
14 Jul 2011.
In support of his request, the applicant provides copies of his
DD Form 2278, Application for Do It Yourself Move and
Counseling Checklist, several personal property activity HQs
advisories, and pertinent copies of his permanent change of
station (PCS) paperwork.
The applicant’s complete submission, with attachments, is at
Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
Personal Property Advisory PPA-11-0044, dated 3 May 2011,
advised TMFs to suspend counseling on PPM shipments with pickup
dates on or after 15 May 2011 because the Defense Personal
Property System (DPS) was not costing PPM with new rates going
into effect on 15 May 2011. PPA-11-0045, dated 6 May 2011,
advised TMFs to suspend actual closeout of PPMs pending
2
resolution of an issue with the new rates. PPA-11-
0052 Advisory, dated 10 May 2011, advised all TMFs to resume
counseling and closeout for PPMs as the rate issue had been
resolved. DPS was correctly using the new rates for shipments
after 15 May 2011.
The applicant’s PPM was initiated on 29 Apr 2011 via DD Form
2278. The applicant’s original estimate was calculated and
resulted in an estimated incentive payment of $14,279.31 with
an advance operating allowance of $8,139.20. The applicant
personally arranged to have his household goods (HHGs)
transported at a cost of $5,348.11. His HHGs were moved
between 6-9 Jun 2011.
When the PPM was re-calculated under the new DPS rates, the
applicant’s incentive payment was reduced to $8,184.47, less
taxes. Since he had already received an operating allowance of
$8,139.20, he received a bill for $663.82, the difference
between the authorized incentive payment, less taxes and the
advance operating allowance previously received.
The debt was deducted from his pay.
_______________________________________________________________
THE AIR FORCE EVALUATION:
PPA HQ/DD recommends denial. DD states the Joint Federal
Travel Regulation (JFTR) requires that a member’s reimbursement
be based on the Government Constructive Cost (GCC), and at the
time he moved his property (6-9 Jun 2011), the GCC was based
upon the new rates effective 15 May 2011 as correctly reflected
in DPS.
It appears the TMF did not advise the applicant of the new
rates. Although it is unfortunate the applicant did not
receive as much incentive as he was initially advised, he did
not lose any money on this PPM.
The complete DD evaluation is at Exhibit C.
_______________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 9 Dec 2011 for review and comment within 30 days.
As of this date, no response has been received by this office.
_______________________________________________________________
THE BOARD CONCLUDES THAT:
2
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. 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 that
the applicant be reimbursed for his out of pocket expense
totaling $663.82. We believe this constitutes proper and
fitting relief. Therefore, we recommend his records be
corrected to the extent indicated below.
4. The applicant's case is adequately documented and it has
not been shown that a personal appearance with or without
counsel will materially add to our understanding of the
issue(s) involved. Therefore, the request for a hearing is not
favorably considered.
_______________________________________________________________
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 his actual expense incurred. This
results in an out of pocket expense of $663.82 due to the
member.
_______________________________________________________________
The following members of the Board considered this application
in Executive Session on 3 Dec 2012, under the provisions of AFI
36-2603:
XXXXXXX, Panel Chair
XXXXXXX, Member
XXXXXXX, Member
4
All members voted to correct the records, as recommended. The
following documentary evidence was considered in AFBCMR BC-
2011-02981:
Exhibit A. DD Form 149, dated 29 Jul 2011, w/atchs.
Exhibit B. Letter, PPA HQ/DD, dated 28 Nov 2011.
Exhibit C. Letter, SAF/MRBR, dated 9 Dec 2011.
XXXXXXX
Panel Chair
4
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