IN THE CASE OF:	  

		BOARD DATE:	      15 March 2012

		DOCKET NUMBER:  AR20110015501

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his military records be corrected to show he was authorized shipment of 25,270 pounds of household goods in connection with his permanent duty station move in 2006.  He further requests remission of the outstanding government debt incurred with this shipment.

2.  The applicant states that during his permanent change of station move from Fort Bragg, North Carolina to Fort Lewis, Washington in 2006, the military contracted movers quoted his family an erroneous estimate for the weight of his household good.  Accordingly, he was led to believe he was within the authorized weight limit for his pay grade.  Upon receipt of their official inspection and estimation he authorized the movers to proceed with the shipment.  The applicant and his family feel it is unjust that they must pay for the excess weight that was shipped.  The applicant submitted a request to the Commander, U.S. Army Human Resources Command (HRC) asking for relief of the debt.  This resulted in approval of half of the $15,130.562 debt.  He respectfully requests that this Board grant him relief for the remaining half of the debt.

3.  The applicant provides copies of his Orders, dated18 April 2006; Bill of Lading (first page only), dated 12 May 2006; two weigh tickets, dated 15 June 2006; Memorandum for Record, dated 3 December 2008; DA Form 2823 (Sworn Statement) dated 18 December 2008; Memorandum from HRC, dated 13 June 2010; and a Memorandum from the 126th Finance Company, Fort Bragg, dated 22 July 2011.



CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving in the Regular Army as a master sergeant, pay grade E-8.

2.  Orders 108-207, XVIII Airborne Corps and Fort Bragg, North Carolina, dated 18 April 2006:

	a.  directed the applicant, in the rank of sergeant first class, pay grade E-7 to make a permanent change of station move from Fort Bragg to Fort Lewis, Washington, with a reporting date of 10 June 2006; and

	b.  authorized movement of dependents and household goods in accordance with the Joint Federal Travel Regulation (JFTR).

3.  The Bill of Lading provided by the applicant indicates that he had shipped a total of 25,270 pounds (net weight) of household goods in two shipments.  The applicant is identified as sergeant first class, pay grade E-7.  The two weigh tickets provided by the applicant indicate the same net weight.

4.  The applicant has provided a memorandum dated 3 December 2008, signed by a Special Forces major, pay grade O-4; wherein, he states:

	a.  that the applicant had volunteered for assignment to Fort Lewis, Washington;

	b.  that during his pre-move walk through by the moving company, he was assured by the movers that his goods were within his weight limits;

	c.  that upon completion of the move, he was told that his household goods were overweight, resulting in a debt to the government in the amount of $15,130.62;

	d.  that this debt has caused the applicant and his family significant hardship because they had a recent birth in the family, and he is scheduled to return to the operational group with a subsequent deployment to combat; and

	e.  that the author has walked through the applicant's residence and does not believe his household goods exceed his weight allowance by any substantial amount.



5.  In a sworn statement, dated 18 December 2008, the applicant, in effect, stated:

	a. that he had volunteered for the move to Fort Lewis, Washington;

	b.  that a lady at Transportation had informed him a representative from the moving company would provide him an estimated weight of his household goods;

	c.  that the moving company representative said he was within his weight limit and that they could proceed;

	d.  that it had been 12 years since his last move and had no idea how to estimate weight, so he trusted the moving company representative;

	e.  that had he known his household goods exceeded the weight limit, he would have placed goods into storage at a savings of $13,000.00;

	f.  that he also took a "do-it yourself" (DITY) move and received an advance payment;

	g.  that he believes it is possible someone's else's goods were weighed with his because his goods were loaded on a truck that contained another's goods; and

	h.  that an injustice has been done and a Soldier should not have to finance his own move to another duty station.

6.  The applicant provides a memorandum dated 13 June 2010, wherein the Chief, Operations Management Division, HRC, states:

	a.  that the applicant submitted a request for remission or cancellation of indebtedness;

	b.  that the request was approved in a partial amount of $7,565.31;

	c.  that it was determined there were no grounds to remit or cancel the remaining $7,565.31 of the debt on the basis of injustice or hardship;

	d.  that the applicant was advised to contact the Finance and Accounting Officer for proration of the remaining balance; and

	e.  that if the applicant felt an injustice had occurred, he could make an application to this Board for further review.
7.  The applicant provided a memorandum dated 22 July 2011, from the 126th Finance Company, wherein he was advised that the balance of the subject debt was suspended.  It further contends that because the applicant made a full government move a majority of the paperwork was never in his possession.  It further surmises that the moving company has not been forthcoming with the information, or it has been lost or destroyed since 2006.

8.  In the processing of this case, an advisory opinion has been obtained from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4 (Logistics), Washington, DC.  The opinion states:

	a.  that the Joint Federal Travel Regulation (JFTR) contains basic statutory regulations concerning a uniformed Service Member's travel and transportation considered to have the force of law;

	b.  that JFTR, paragraphs U5335-U5340 specifically state that weight allowances are the actual weight of unpacked and uncrated household goods with allowance made for the weight of interior packing materials;

	c.  that in the applicant's case, his household weight is determined by subtracting 10 percent from the shipment net of 25,270 pounds, the weight shown on shipping documents;

	d.  that the applicant or his agent signed all 28 pages of household inventory sheets upon delivery, with an average computed weight of 1,000 pounds per inventory sheet; and

	e. that there is no basis to recommend remission of the remainder of the debt because all shipping documents clearly establish that the applicant shipped over 13,000 from Fort Bragg, North Carolina to Fort Lewis, Washington, in June 2006.

9.  On 7 December 2011, a copy of the advisory opinion was sent to the applicant for his information and opportunity to respond.  No response was received.

10.  The JFTR, Volume One (Uniformed Service Members) provides at U5310 (Basic allowances):

* The authorized weight allowance is 13,000 pounds for Soldiers in the pay grade of E-7, with dependents, who perform a permanent duty station move in accordance with orders issued with effective dates on or after             1 October 2007
* The Secretary concerned or the Secretarial Process, at Service discretion, for each service, may authorize a higher weight allowance, not to exceed 18,000 pounds, of a member below the pay grade of O-6; but only on a case-by-case basis.
* The Secretary Concerned or the Secretarial Process decision maker must issue a determination that failure to increase the member's weight allowance would create a significant hardship to the member or the member's dependents

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his military records should be corrected to show he was authorized shipment of 25,270 pounds of household goods in connection with his permanent duty station move in 2006.  He further requests remission of the outstanding government debt incurred with this shipment.

2.  The available evidence shows that the applicant made a PCS move from Fort Bragg, NC to Fort Lewis, WA in June 2006.  The bill of lading and weigh tickets show he shipped 25,270 pounds (net weight).  Less 10 percent (2,527 pounds) for interior packing materials, the actual weight chargeable was 22,743 pounds.

3.  The JFTR, Volume One provides that a Soldier with dependents, in the pay grade of E-7 is authorized a maximum of 13,000 pounds of household goods.  Accordingly, he shipped 9,743 excess pounds of household goods, for which he was required to pay the shipping cost.

4.  The applicant's initial request for remission or cancellation of the debt was considered by HRC.  Only the approval memorandum dated 13 June 2010, from HRC is available for review.  None of the supporting documents or arguments put forth by the applicant are available for review.  It appears that the HRC remitted half of the excess shipping charge of $15,130.56, leaving a balance owed of $7,565.31.

5.  A charge of $15,130.56 for shipping an excess 9,743 pounds equals $ 1.55 per pound charge.  At this rate, the remission of debt approved by HRC equals an additional weight allowance of 4, 481 pounds (rounded to the nearest whole pound).  Adding this weight to his established authorized limit of 13,000 totals 17,881 pounds already granted the applicant.

6.  The applicant argues that he did not ship as much weight as was charged on his bill of lading, or indicated in the weigh tickets.  He contends that his household goods may have been weighed along with another person's property.  He bases this contention on seeing his property loaded on a truck that already contained someone else's property.  However, he provides no corroborating documentation to support this contention.

7.  The applicant contends that the shipper led him to believe that his property was within the authorized weight limits.  However, he provides no corroborating documents of such action by the shipper.

8.  The JFTR clearly limits the Secretarial authority concerning authorization of weight allowances.  The service Secretary may not exceed 18,000 pounds for members below the pay grade of O-6.  The applicant has already been granted the equivalent of 17,881 pounds.  Granting the applicant's request would, in effect, authorize a total increase of his weight allowance to 22,762 pounds, exceeding the Secretarial authority established in the JFTR.

9.  The JFTR further requires that the Secretary must first issue a determination that failure to increase the member's weight allowance would create a significant hardship to the member or the member's dependents.  HRC determined based on the evidence of the applicant's request, that there was no grounds to remit or cancel the remaining portion.  Because the applicant has not provided any additional evidence for this Board to review, the same determination should be made now.

10.  In view of the above, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ___X____  ___X____  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.




      _______ _  X _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20110015501





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ABCMR Record of Proceedings (cont)                                         AR20110015501



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