| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. Richard T. Dunbar | Member | |
| Mr. Kenneth W. Lapin | Member |
APPLICANT REQUESTS: Remission of a $6,082.64 debt for two household goods (HHG) shipments in excess of the allowable weight.
APPLICANT STATES: In effect, that no one even suggested that his June 1999 HHG shipment might be over the weight allowance until it was all packed and there was no time to do anything about it. He has four children, three teenage daughters (one in college) and a 10-year-old son. They are living in a high cost area and he is near retirement. Having to repay this money will be a severe financial hardship. He submits letters of support from his chain of command.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant, a staff sergeant with approximately 12 1/2 years of continuous active duty (in June 1999), had undergone at least three previous permanent change of station (PCS) household moves prior to the relocation of his family to Belgium in June 1996.
Available records show that, in April 2000, the applicant was informed of a $12,165.28 indebtedness for overweight HHG shipments. $1,768.13 of this resulted from his PCS move to Belgium in June 1996 and $10,397.15 of it was from his PCS move from Belgium to Fort Carson, Colorado in June 1999.
With command support, the applicant applied for remission or cancellation of the debt. The Total Army Personnel Command, Special Actions Branch determined that half the amount, $6,082.64, should be remitted or cancelled “on a basis of injustice or hardship.” The applicant was advised to apply to this Board if he felt that an injustice had occurred.
Joint Federal Travel Regulations, chapter 5 provides the guidance for PCS travel including the weight limits and applicable rules for the shipment of HHG.
Paragraph U2010 of those regulations provides that "a member is expected to exercise the same care and regard for expenses incurred as a prudent person would person when traveling at personal expense."
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant had undergone previous PCS moves, therefore the general rules and regulations applicable to the process were not new to him. He had a regulatory and a personal financial obligation to pay attention to his weight limit and to the weight of his HHG shipment when he moved his family to Belgium. Therefore, even if he was not notified of the amount due for that first overweight shipment, he knew or should have known. that if they acquired any additional HHG, the return shipment would be even more over allowance.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_RVO___ __RTD___ __KWL _ DENY APPLICATION
| CASE ID | AR2002067601 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020725 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.10 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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