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NAVY | BCNR | CY2006 | 09189-06
Original file (09189-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 WJH:    
Docket No.9189-06
August 14, 2007
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         
         Subj:    RE V IEW OF NA VAL RECORD ICO       __

Ref:     (a) Title 10 U.S.C. 1552
         
         End:     (1)      DD Form 149 w/attachments
                  (2)      Para U5320D, JFTR
                  (3)      Para U5335E, JFTR
                  (4)      DD Form 1701
                  (5)      Authorized weight allowances
                  (6)      CMC memo 4050.1J LPD—2 of 15 Nov 06
                  (7)      Subject’s microfiche record
1.       Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner is entitled to payment of an incentive allowance for moving his household goods (HHG) under the Personal Procured Method (PPM).
2.       The Board, consisting of Messrs. Pfeiffer, Shy and Wade reviewed Petitioner’s allegations of error and injustice on 30 May 2007 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.
3.       The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows:










Docket No. 9189-06

a.       Prior to filing enclosure (1) with this Board, Petitioner exhausted all administrative remedies afforded under existing law and regulations within the Department of the Navy.
b.       On 18 July 2006 Petitioner completed an “Application for Do-It-Yourself Move and Counseling Checklist” (DD Form 2278, Sep 1998). The application states, among other things, that he was “entitled” to move a “maximum authorized weight” of 10,000 pounds from Indianapolis IN to San Diego CA. It also advised that it was the “member’s responsibility” to submit “weight tickets” to the “paying office TMO to receive incentive payment.” See enclosure (1).
c.       The applicant later moved his HHG under the provisions of paragraph U5320D of the Joint Federal Travel Regulations (JFTR). See enclosure (2).
d.       Petitioner alleges that upon completion of the move, he mailed all receipts and weight tickets to COMPT TRANS VOUCH CERT Branch (TVCB), ATTN: CODE 470, 814 Radford Blvd Ste 20318, Albany GA 31704-0318. He did not mail the documents via certified mail nor did he retain a copy of the documents Sent.
e.       The office in Albany, however, maintains that they received all of the documents in his case except the weight tickets.
f.       When the weight of the shipment of HHG is not available, paragraph U5335E, JFTR authorizes a “constructive” weight to be used. Enclosure (3)
g.       Petitioner completed a DD Form 1701, Inventory of HHG
 and his cubed weight can be calculated at approximately 2,016
pounds (substantially less than the maximum he was authorized to
ship at government expense) . Enclosures (4 & 5)
h.       In correspondence attached as enclosure (6), the office having cognizance over the subject matter involved in Petitioner’s application recommended denial, commenting that, in their opinion, no relief was warranted. They note that the Petitioner was counseled that he must provide weight tickets to be paid. Further, he was also advised to maintain copies of all documents sent to the Transportation Voucher Office. See enclosure (6)




2
Docket No. 9189-06
 CONCLUSION:
Upon review and consideration of all the evidence of record, notwithstanding the comments contained in enclosure (6), the Board finds the existence of an injustice warranting the requested relief. In this connection, the Board expressed a desire to adhere to the policy that individuals who move themselves should generally be entitled to receive an incentive payment. In an effort to provide the Petitioner with the most favorable consideration possible, they accepted his proffer that he obtained and mailed the weight tickets. And although he undeniably should have kept copies (in case the originals were lost), the Board found that his request for payment associated with the movement of about 2000 pounds of personal property was reasonable and not excessive. This was determined to be especially true because the Petitioner had been authorized to move substantially more than his inventory shows that he shipped. Accordingly, the Board determined that the issue should be settled by calculating a constructive weight of the I-lEG using the DD Form 1701 and using that constructive weight as a substitute for the missing weight tickets.
Accordingly, the Board recommends the following corrective action.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that:
a.       Petitioner’s incentive payment for moving his HHG will be based on a constructive weight allowance of 2,016 pounds by cubing the items listed on the DD Form 1701.
b.       A copy of this Report of Proceedings will be filed in Petitioner’s naval record.
4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter.


ROB ERT D. ZSALMAN        WILLIAM J. HESS,II I
Recorder         Acting Recorder










Docket No. 9189-06


5.       The foregoing action of the Board is submitted for your review and action.



Reviewed and approved:
 Robert T. Call

                                                      W.DEAN PFEIFFER
                                                      Executive Director

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