BOARD DATE:	  19 February 2015

		DOCKET NUMBER:  AR20140011059 


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 relief from financial liability for the cost of shipping professional books, papers, and equipment (PBP&E).

2.  The applicant states that at the time of his move in July 2012, he and the government-contracted moving company representative walked through his entire home.  He indicated to the mover all the PBP&E that needed to be listed as "Pro Gear" on the inventory.  However, the representative failed to list all of the PBP&E on the Household Goods (HHG) inventory.

   a.  He states that he and his family were under a great deal of stress and anxiety at the time, and he was not mentally or physically alert.  Shortly before he had been diagnosed with prostate cancer, he underwent prostatectomy surgery in February 2012, and his radiation treatment didn't end until June 2012.

   b.  On 18 July 2012, a message was sent to his Army Knowledge Online (AKO) email account informing him there was a possibility of having exceeded his HHG weight limit; however, he was unable to access the email message.  This was the same day that he departed his unit at Fort Hood, TX and began to travel to Huntsville, AL for delivery of his HHG on 20 July 2012.  At about the same time the moving company received a message regarding the matter with instructions to reweigh the shipment.  On 20 July 2012, he received a phone call and was told to have the moving company reweigh the HHG while the HHG were still on the truck; however, the movers had already taken the majority of the HHG off the truck.

   c.  He states that after 20 years of service he and his wife had much more "Pro Gear" than the couple of boxes that were listed on the inventory by the movers.  He adds he did not exceed the authorized weight for his HHG when he was assigned to Fort Hood and he departed Fort Hood with the same (or maybe even a lesser) amount of HHG in July 2012, so he doesn't understand how the shipment could have exceeded the authorized weight allowance.

   d.  The Defense Finance and Accounting Service (DFAS) notified him of a debt of $3,154.87.  He attempted to gather documentation to appeal the matter, but he was unable to obtain the shipping documents in a timely manner.  As a result, DFAS initiated action to begin deducting $200.00 per month from his retired pay to pay the debt.

3.  The applicant provides copies of his:

* statement in support of this request, dated 18 June 2004
* reassignment orders
* HHG Descriptive Inventories and Military High Value Inventory
* two email messages
* Bill of Lading and Weigh Sheet
* DD Form 827 (Application for Arrears in Pay) with statement

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the RA on 28 October 1992.  Upon completion of training, he was awarded military occupational specialty (MOS) 76Y (Supply Specialist), which was later redesignated MOS 92Y (Unit Supply Specialist).

2.  Through a series of reenlistments in the RA, he continued to serve on active duty.  He attained the rank of staff sergeant/pay grade E-6 on 1 May 2005.

3.   A review of his military personnel record shows he was reassigned on permanent change of station (PCS) on eight occasions during the course of his military career, as follows –

* March 1993 – Fort Shafter, HI
* May 1996 – Fort Benning, GA
* October 1998 – Fort Jackson, SC
* March 2001 – Fort Wainwright, AK
* December 2003 – Republic of Korea
* April 2004 – Fort Gordon, GA
* January 2005 – Fort McPherson, GA
* June 2009 – Fort Hood, TX
4.  Headquarters, III Corps, Fort Hood, TX, Orders 341-0134, dated 7 December 2011, released the applicant from active duty on 31 October 2012 and placed him on the retired list effective 1 November 2012.  The additional instructions of the orders show, in pertinent part:

   a.  You are authorized up to one year to complete selection of home and travel in connection with this action.  Shipment of HHG and travel allowances are authorized to a home of selection within the United States (including Hawaii and Alaska).

   b.  Report to Copeland Soldiers Service Center, Transportation Office, to schedule an appointment for entitlement counseling.

5.  The applicant's DD Form 214 shows he was retired from active duty on 31 October 2012, based on sufficient service for retirement, and transferred to the U.S. Army Reserve (USAR) Control Group (Retired) effective 
1 November 2012.  He had completed 20 years and 3 days of total active duty service.

6.  In support of his request the applicant provides the following documents:

   a.  North American (NA) HHG Descriptive Inventory (10 pages), Stevens Worldwide Van Lines HHG Descriptive Inventory (5 pages), and Military High Value Inventory (1 page) that show the applicant's HHG were packed on 11 July 2012, picked up on 17 July 2012, and delivered on 20 July 2012.  A review of the documents reveals only one entry for "Pro Gear" (1.5 carton, carrier packed) at item number 106 on the NA HHG Descriptive Inventory.  The applicant placed his signature on all of the documents. 

   b.  Bill of Lading and Weigh Sheet that show the following:

* Requested Packing Date:  11 July 2012
* Requested Pickup Date:  13 July 2012
* Required Delivery Date:  26 July 2012
* Weight (Recorded on 17 July 2012):

* Gross:  52,580 pounds
* TARE:  36,020 pounds
* Net:  16,560 pounds


   c.  two email messages that show:

    	(1)  on 18 July 2012, the Shipment Manager notified the applicant that the Defense Personal Property System (DPS) detected the possibility that he may have exceeded his authorized Joint Federal Transportation Regulation/Joint Transportation Regulation (JFTR/JTR) weight allowance of 11,000 pounds.  It also shows he was instructed to contact the Transportation Office at his destination and request a reweigh of his HHG shipment prior to delivery and/or for additional assistance; and

    	(2)  on 20 July 2012, the Shipment Manager notified the applicant that his HHG shipment was scheduled for delivery on 20 July 2012.  He was also provided the telephone number of the transportation service provider so that he could obtain additional information.

   d.  DD Form 827, dated 8 April 2014, that shows the applicant applied for arrears in pay from 1 April 2013 to 1 April 2014, in the amount of $2,554.87, based on a debt incurred due to exceeding his HHG weight allowance because the moving company failed to identify his PBP&E.

7.  In the processing of his case, an advisory opinion was obtained from the Chief, Transportation Policy Division, Office of the Deputy Chief of Staff, G-4, Washington, DC.  The advisory official recommends denial of the applicant's petition for relief based on the weight of PBP&E being included in his HHG.

   a.  The applicant's authorized weight allowance for the transportation of HHG under his retirement orders was 11,000 pounds.  His HHG shipment adjusted weight in July 2012 was 14,904 pounds.  The applicant did not receive the notification that his HHG exceeded his authorized weight at a personal email address because he did not provide one.

   b.  The advisory official noted that the DPS, the self-counselling system for the transportation and storage of HHG, provides Service members a link to "It's Your Move," a reference to help Service members understand their allowances and responsibilities for the transportation and storage of HHG.  Members are advised to separate PBP&E from the other HHG and to be sure PBP&E are identified on the inventory.  It is the member's responsibility to ensure the inventory is prepared correctly prior to signing it.

   c.  The JTR does not give the Services leeway to authorize HHG as PBP&E after the transportation of the HHG.  Therefore, a change to the applicant's shipment weight to include a weight for PBP&E cannot be made.

8.  The applicant was provided a copy of the advisory opinion to allow him the opportunity to submit comments or a rebuttal.   On 19 November 2014, he provided his response, along with the statement he submitted in support of his application to the ABCMR, dated 18 June 2014.

   a.  He asserts that he separated his PBP&E from his HHG, took the mover to each area of the house where the separated items were, and watched as the mover was writing the entry "Pro Gear" on the inventory sheet.  The problem is that the mover didn't record everything he was shown.

   b.  He restates the personal difficulties he was dealing with and that he was doing the very best he could at the time.  He is still trying to locate his documents from the move because if he didn't leave a personal email address, he certainly knows he left his personal cell phone number so that he could have been contacted.  He states that he was informed that if the shipment is overweight, a reweigh should have taken place; however, that was not done and it is unjust.

   c.  He requests favorable consideration of his request.

9.  The Joint Travel Regulations pertain to per diem, travel and transportation allowances, relocation allowances, and certain other allowances of Uniformed Service Active Duty members, Uniformed Service Reserve Component members, Department of Defense (DoD) civilian employees, and Civilians who travel using DoD funding.  Chapter 5 (Permanent Duty Travel) provides in:

   a.  paragraph 5272 (Documentation), PBP&E must be declared at origin, and documented in accordance with agency/service transportation procedures.  HHG not declared and/or documented as PBP&E prior to the HHG transportation or not PBP&E for that move, is part of the HHG counted against the HHG weight allowance; and

   b.  paragraph 5206 (Excess charges), the member is still financially responsible for excess weight charges, even if the excess weight status was known/suspected prior to transportation, and the member was not notified by the transportation office of the weight status.  The member is financially responsible for all transportation costs as a result of exceeding the authorized weight allowance, transportation between other than authorized locations, and transportation of articles that are not HHG.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be relieved from financial liability for the cost of shipping PBP&E as part of his HHG because the government-contracted moving company failed to list all of the PBP&E on his HHG inventory.

2.  The sincerity of the applicant's comments regarding the personal difficulties he was experiencing during the period of service under review is not in dispute. Also, his contention that he provided his personal cell phone number is not in dispute because the applicant acknowledges in his application that he received a phone call (on 20 July 2012) concerning the possibility of his HHG exceeding the authorized allowance.

3.  The applicant completed 20 years of active duty, he served in the field of supply management, and he completed at least seven PCS moves prior to the move that is currently under review.  Thus, it is reasonable to conclude that the applicant was knowledgeable of the governing regulations and also familiar with the process and procedures involved in the shipment of HHG.

4.  The applicant was present when the movers packed and picked up his HHG.  He acknowledges watching the mover write the entry "Pro Gear" on the inventory sheet and such an entry does appear (once) on the applicant's HHG inventory.  The applicant contends that the moving company failed to list all of the PBP&E on his HHG inventory.  However, it is not clear why the applicant did not address the issue prior to signing the HHG inventories.

5.  The applicant's HHG shipment exceeded his authorized weight allowance by approximately 3,900 pounds.

6.  On 18 July 2012, a message was sent to the applicant's AKO email account informing him there was a possibility of having exceeded his HHG weight limit.  While the applicant states he was unable to access the email message, it is commonly known that Internet access is readily available at public libraries, hotels, and many commercial businesses.  As such, gaining access to secure servers to login to a government email account is possible with the proper authenticating credentials.  In any event, the evidence of record shows a member is financially responsible for excess weight charges, even if the member was not notified by the transportation office of the weight status (emphasis added).

7.  The applicant's evidence has been thoroughly reviewed.  It is concluded that he failed to ensure all of his PBP&E were recorded on his HHG inventory and that he was given notice of the possibility that his HHG exceeding the authorized allowance.  Thus, there is insufficient evidence to justify granting his request.
8.  Therefore, in view of all of the foregoing, there is no basis for granting 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)                                         AR20140011059



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ABCMR Record of Proceedings (cont)                                         AR20140011059



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