RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03153
		INDEX CODE:  128.02

		COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The weight of his household goods (HHGs) shipment be reduced from 11,935 pounds to 11,060 pounds.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B.

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AIR FORCE EVALUATION:

JPPSO/CC reviewed this application and recommended denial.  A complete copy of the evaluation, with attachments, is attached at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 15 Feb 02 for review and comment within 30 days.  As of this date, no response has been received by this office.

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, the majority of the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice.  There being insufficient evidence to the contrary, the majority of the Board finds no compelling basis to recommend granting the relief sought in this application

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RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered Docket No. 01-03153 in Executive Session on 26 March 2002, under the provisions of Air Force Instruction 36‑2603:

The majority of the Board voted to deny the application.  Mr. XXXXX voted to grant the requested relief, but does not wish to submit a minority report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 29 Oct 01, w/atchs.
     Exhibit B.  Letter, JPPSO/CC, dated 5 Feb 02, w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 15 Feb 02.

                                   

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD 	FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT: Docket No:  01-03153

	I have carefully considered all the circumstances of this case and do not agree with the majority members of the panel that the applicant’s request should be denied.

	The majority of the panel are not convinced that the applicant should be provided relief from the expense incurred as a result of the shipment of his household goods (HHGs) in excess of his prescribed weight allowance.  The Joint Personal Property Shipping Office (JPPSO) recommended denial of the appeal stating, in part, that in similar situations, the Comptroller General has held that the probability that an error occurred in the weight certificate when the goods were reshipped is equal to the probability that an error occurred when the goods were shipped from origin.  The majority of the Board agrees with this rationale and accepts it as their basis for the concluding that the applicant has not been the victim of an error or injustice.  I disagree.

	I note that in conjunction with the applicant’s retirement, 11,935 pounds of HHGs and 1,281 pounds of unaccompanied baggage were shipped from the Netherlands to Oklahoma.  However, when the same HHGs were reshipped from Oklahoma to his home of selection (i.e., Sierra Vista, AZ) they only weighed 11,060 pounds.  In addition, a reweigh of his unaccompanied baggage in Oklahoma produced a lower weight of 1,263 pounds, which did not include professional books, papers, and equipment (PBP&E).

	While I agree with the position held by Comptroller General in similar cases that errors during either the original shipment or reshipment are equally probable, in view of the fact that each time the applicant’s HHGs were weighed a different weight was recorded, I believe equity dictates that any doubt should be resolved in the his behalf.  I have, therefore, decided that the requested relief is warranted.

							
AFBCMR 01-03153

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating APPLICANT, be corrected to show that the shipment moved under Government Bill of Lading AP-271032, dated 23 March 2000, contained 966 pounds of professional books, papers, and equipment (PBP&E).