IN THE CASE OF:	  

		BOARD DATE:	  31 January 2012

		DOCKET NUMBER:  AR20110018057 


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 the following:

* Reimbursement of $358.30, the portion of the advance he had to pay back to the Government based on his permanent change of station (PCS) move in June 2011
* Correction of PCS regulations governing how professional books, papers and equipment (PBP& E) are weighed so there is one standard instead of two 

2.  The applicant states the following:

	a.  On 7 June 2011, a moving company came to his house at Fort Stewart, GA, to pack his household goods for a PCS move to Fort Huachuca, AZ.  They weighed his PBP&E at 1,408 pounds.  He stressed to the packers that it was important that his professional gear be weighed separately.  Once his household goods were packed and loaded on the truck, he told the driver he needed to know the weight of the load.  The driver called him 2 hours later and told him the total weight was 11,860 pounds.  He was authorized to move up to 11,000 pounds, plus PBP&E, at government expense so he wasn't worried about being over the limit since the moving company told him his PBP&E weighed 1,408 pounds.

	b.  After he arrived at Fort Huachuca and turned in his paperwork, he received a call from the transportation office and was told Sxxxx from quality control was coming to his house to reweigh his PBP&E.  Sxxxx inspected all the boxes listed as PBP&E and reweighed them using a bathroom scale.  She stated the boxes were correctly listed as PBP&E but that the moving company made a mistake by not weighing the boxes separately.  She weighed the PBP&E at 418 pounds vice the 1,408 pounds the moving company had listed.

	c.  When he went back to the transportation office, he found out he owed money on the advance he received.  He did not agree with the fact that his PBP&E was reweighed using a bathroom scale and that the moving company lied about the weight so he complained about it.  His appeal was denied by the central region transportation office and he was told the regulation stated if no scales were available the moving company could estimate the weight of household goods using the maximum weight a box could hold.  If scales are available they will be used and the requirement is for a platform scale, which includes bathroom scales.

	d.  When he talked to the originating moving company, they informed him that when no scales are available they use the formula of 40 pounds per cubic foot for estimating PBP&E in accordance with the regulation.  No scales were available when they packed his household goods so that is how they came up with the weight of 1408 pounds for his PBP&E.

	e.  He further states he did everything he was supposed to do and he is the only one that pays the price.  He feels the moving company lied about the weight of his PBP&E and he should not be penalized for someone else's mistake.

3.  The applicant provides:

* DD Form 2278 (Application for Do It Yourself Move and Counseling Checklist)
* DD Form 619 (Statement of Accessorial Services Performed)
* Three pages of Household Goods Bill of Lading
* Eleven pages of Household Goods Descriptive Inventory 
* Five pages of truck scale weight statements
* An email from him to the central region transportation office
* An email to him from the central region transportation office
* A sheet titled "Pro-weights"

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of PCS regulations governing the weighing of PBP& E.  The correction of regulations does not fall under the purview of this



Board; therefore, this portion of the applicant's request will not be discussed further in this Record of Proceedings.

2.  The applicant's records show he was a staff sergeant in the Regular Army assigned to Fort Stewart, GA.  He received PCS orders to Fort Huachuca, AZ, and in June 2011 he moved his household goods by a Government-arranged move and a personally procured move (PPM).  His authorized weight allowance was 11,000 pounds.

3.  In the processing of this case, an advisory opinion was received on 11 November 2011 from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4, Headquarters, Department of the Army.  The advisory official recommended disapproval of the applicant's request for reimbursement of the portion of the advance he had to reimburse the Government and stated the following:

	a.  Under his PCS orders to Fort Huachuca, the applicant moved his household goods under a Government-arranged move and a PPM.  The applicant estimated 2,000 pounds for his PPM and received an advance of $1,058.00.  The net weight of the Government-arranged move was 11,860 pounds.  

	b.  Since the weight of PBP&E does not count against the authorized weight allowance, the transportation office at Fort Huachuca reviewed the applicant's inventory to identify any additional items as PBP&E.  The inventory listed eight items as PBP&E that weighed a total of 1,408 pounds.  Upon further investigation by the transportation office, the weight of the eight PBP&E items was determined as 418 pounds.  The actions taken by the transportation office to identify the weight of the PBP&E were appropriate.  Therefore, the applicant was required to reimburse the Government $321.00 for the overpaid advance for the PPM.  

4.  In a response received from the applicant on 13 January 2012, he stated he disagreed with the advisory opinion and their decision that the transportation office at both Fort Huachuca and Fort Stewart were within established guidelines with his PCS move was incorrect.  The advisory opinion said both the moving company and transportation office had the same weight but this was impossible since Fort Huachuca said his PBP&E was a different weight than what Fort Stewart said it was.  If the pick-up company weighs the PBP&E one way that is authorized, then that should be the standard for the move and the receiving transportation office should accept what was put down for the weight.  Since Fort Huachuca had an issue with his PBP&E, they reweighed it with a bathroom scale and it came out almost 1,000 pounds less.  He did not agree with the reweighing of his PBP&E.
5.  The applicant provides inventory sheets, dated 7 June 2011, wherein it shows the moving company listed his household goods inventory as containing seven 4.5 cubic foot boxes of PBP&E and one large trunk of PBP&E.  The "pro-weights" sheet provided by the applicant shows the estimated weight for a 4.5 carton equals 180 pounds.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be reimbursed for the amount of overpayment that was recouped from him because the moving company weighed his PBP&E in an authorized way.  That weight should be the weight used and his PBP&E should not have been reweighed.  

2.  The evidence of record shows that when the applicant PCS from Fort Stewart, GA, to Fort Huachuca, AZ, the weight of his household goods exceeded his authorized weight limit of 11,000 pounds.  

3.  At Fort Stewart, GA, the moving company identified seven 4.5 cubic foot boxes and one large trunk as containing PBP&E for an estimated total weight of 1,408 pounds.  It appears they estimated the weight of his PBP&E based on guidelines that showed the maximum weight of a 4.5 cubic foot carton equaled 180 pounds (7x180=1,260) and estimated the weight of the trunk as 148 pounds (1,260+148=1,408).  When the actual weight of all of his household goods was weighed at a weight station, the total was 11,860 pounds.

4.  As PBP&E does not count toward the weight limit, the transportation office at Fort Huachuca reweighed his PBP&E to verify the amount his household goods actually exceeded the weight limit.  They agreed that the eight items marked as PBP&E by the moving company contained PBP&E.  However, when they weighed these eight items the actual weight of the items was only 418 pounds.  

5.  There is no evidence and the applicant did not provide any evidence that shows an error was made on the part of the moving company or the transportation office at Fort Huachuca, AZ.  The moving company appropriately gave him an estimated weight for his PBP&E while the Fort Huachuca transportation office appropriately reweighed the items in question and provided the actual weight of his PBP&E.  The total weight of his household goods was correctly determined by subtracting the actual weight of the PBP&E from the total weight.  As he exceeded the authorized weight limit, the over payment he received was recouped from him.

6.  In view of the forgoing, he is not entitled to the requested relief.

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)                                         AR20110018057





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ABCMR Record of Proceedings (cont)                                         AR20110018057



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