RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            9 November 2004
      DOCKET NUMBER:   AR2004101138


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Leonard Hassell               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, remission or cancellation of his
$893.82 debt to the government.

2.  The applicant states, in effect, that when the packers and movers from
the moving company responsible for transporting his household goods (HHG)
and personal property came to his house, both indicated he was not over his
authorized weight allowance.  The driver picking up his goods indicated he
was new and this was his first move.  He also indicated he had not weighed
the truck he was using and would have to do it later.  When the goods
arrived at Fort Knox, the weight ticket indicated 13,212 pounds, which he
knew was wrong.  When the goods were delivered, they were reweighed and
totaled 9,414 pounds.  At that time, he was informed his professional gear
was not included in the total and this would have to wait until he was
charged for the move.  He states that when he was notified by finance, he
turned in the weight ticket and pointed out his professional gear and the
weight was adjusted.  However, they still indicated he was over because his
belongings from Korea were not listed as professional gear.  He states that
he should not be required to pay for weight errors made by the driver and
the use of incorrect forms in categorizing his goods, which were no fault
of his own.

3.  The applicant provides his Application for Remission or Cancellation of
Indebtedness (DA Form 3508-R and associated documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that as of the date of his
application to the Board, he was still serving as a sergeant (SGT) on
active duty at Fort Knox, Kentucky.

2.  On 11 June 2003, a printout from the Defense Finance and Accounting
Service (DFAS), Transportation Operations, Indianapolis, Indiana, indicated
the applicant was indebted to the government due to a shipment made that
was in excess of his authorized weight.  This document showed that a total
of 10,081 pounds were shipped and that the applicant was authorized to ship
9,000 pounds, which resulted in an amount of $975.00 being due the
government.
3.  On 3 September 2003, the applicant submitted an Application for
Remission or Cancellation of Indebtedness (DA Form 3508-R), which was
verified by his unit commander and the Chief, Defense Military Pay Office
(DMPO).  The applicant’s unit commander submitted a memorandum in support
of this application and strongly recommended that it be approved.  She also
indicated that collection of the debt could impact the applicant’s ability
to pay his bills and provide the support he desires and is required to
provide for his family.

4.  On 29 September 2003, the DMPO forwarded the applicant’s debt
remission/cancellation packet to the Total Army Personnel Command (PERSCOM)
and concurred with the recommendation of the applicant’s unit commander.

5.  On 13 November 2003, the PERSCOM, Chief of Special Actions, responded
to the applicant’s cancellation or remission of indebtedness application.
He stated that the application had been reviewed in accordance with the
regulation and was not favorably considered.  The applicant was advised
that if he believed an injustice had occurred, he could apply to this
Board.

6.  Army Regulation 55-71 (Transportation of Personal Property and Related
Services) contains the procedures that govern transportation of personal
property.  Paragraph 5-6 contains guidance on excess weight.  It states, in
pertinent part, that the owner (military or civilian) is responsible for
insuring that weight allowances are observed (the total weight of HHG
shipped plus the weight of HHG in storage does not exceed the authorized
weight allowance).

7.  Army Regulation 600-4 provides instructions for submitting and
processing applications for remission or cancellation of indebtedness to
the United States Army.  Applications must be based on injustice, hardship,
or both.  This includes debts caused by errors in pay to or on behalf of a
soldier.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for cancellation or remission of the debt he
incurred as a result of a shipment of excess weight was carefully
considered.  However, there is insufficient evidence that would call into
question the PERSCOM determination made in this case.

2.  The evidence of record confirms the applicant’s HHG shipment exceeded
his authorized weight allowance.  By regulation, it was his responsibility
to ensure his HHG shipment did not exceed his total authorized weight.  The
applicant has failed to show he took any action to ensure his HHG shipment
was within his authorized allowance prior to shipment.  No pre-shipping
processing documents he would have been required to complete prior to the
arrival of packers and movers, including shipping inventory/weight
estimation documents and/or documents he would have completed with a
representative of the transportation office, were provided.

3.  Given it was the applicant’s responsibility to ensure his HHG shipment
did not exceed his authorized weight allowance and absent any evidence
showing he proactively participated in the pre-shipping weight estimation
process, there is an insufficient evidentiary basis to support granting the
requested relief.

4.  Further, the applicant fails to provide sufficient convincing evidence
that repayment of the debt in question would present an undue financial
burden on him or his family.  As a result, there is an insufficient equity
basis to support remission or cancellation of his debt.

5.  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.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_MDM___  _LDS ___  _LH_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




            ___MARK D. MANNING ___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101138                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/11/DD                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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