RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02167
		INDEX CODE:  128.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He receive full reimbursement for rental vehicle expenses he incurred as a result of his do-it-yourself (DITY) move.

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APPLICANT CONTENDS THAT:

He elected to perform a DITY move because he was briefed by Traffic Management Office (TMO) personnel that he would be reimbursed for all rental vehicle and gas/oil expenses.  He noticed inconsistencies between the handouts he was provided by TMO counselors and returned to their offices on three occasions to request clarification prior to his move.  He was assured on each occasion that the information he received was correct.  Based on that information, he made the decision to continue with the DITY move.  Once he completed the move and filed his travel voucher, he was told that the information he had been provided was incorrect.  As a result, he has now incurred a debt of approximately $3,500.  Had he been properly counseled, he would not have performed a DITY move.  The mistakes that were made were beyond his control and he should not be required to compensate for those mistakes.  

In support of his request, applicant provided documentation associated with his DITY move, documentation associated with his Inspector General (IG) complaint, receipts from the expenses he incurred; a copy of his AF Form 889, Request and Authorization for Permanent Change of Station (PCS); AF Form 973, Request and Authorization for Change of Administrative Orders; and, and email communication.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 16 Jun 99.  He has been progressively promoted to the grade of senior airman, having assumed that grade effective and with a date of rank of 16 Dec 01.  On 1 Oct 99, he departed PCS from Sheppard AFB, TX and arrived on station at Elmendorf AFB, AK on 21 Oct 99.  

The applicant made a permanent change of station (PCS) move from Sheppard AFB, TX to Elmendorf AFB, AK.  His total expenses came to $4,626.92 and he was only reimbursed for $1,289.62.  Reimbursement for personally procured moves (PPM) is limited to the actual cost incurred not to exceed the Government's constructed cost (GCC) for the weight moved up to the member's maximum authorized weight allowance, or a monetary allowance equal to 95% of the GCC.  He elected the monetary allowance method.  He was advised that his maximum weight allowance was 7,000 pounds.  However, after the move, the incentive was figured on a weight allowance of 1,500 pounds that resulted in reimbursement of $1,289.62.  At the time of his assignment to Elmendorf he was serving in the grade of airman basic (E-1) and he was serving an unaccompanied tour.  

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AIR FORCE EVALUATION:

JPPSO/CC reviewed applicant's request and recommends partial relief.  JPPSO states that in accordance with attachment 3, Air Force Supplement to the Joint Federal Travel Regulation (JFTR), his maximum weight allowance was 500 pounds unaccompanied baggage by air or 700 pounds by surface.  The fact that he got married while at Elmendorf has no effect on his weight allowance to that station.  A dependent acquired during the course of the current tour is an "acquired dependent."  Household goods entitlements are fixed on the effective date of the PCS orders.  Acquired dependent entitlements do not effect household goods transportation until the member's subsequent PCS move.  The TMO admittedly made a mistake when advising him about his authorized weight allowance.  However, he was provided a handout that correctly advised him regarding the incentive pay that he would be entitled to.  His request for reimbursement includes items associated with travel such as travel insurance and lodging, which is not reimbursable under the PPM program.  

His maximum authorized weight allowance is 700 pounds.  He was incorrectly advised that his weight allowance was 7,000 pounds.  For this reason, JPPSO believes he has been the victim of an injustice and that he should be reimbursed the amount it would have cost the government for the amount of the weight he actually moved.  

JPPSO indicates that considering all the factors involved, the applicant was the victim of an injustice due to miscounseling provided by the TMO counselor.  If the Board concurs, it may, without violating public law, correct the records to show the 2,660 pounds that moved from Vista, CA to Elmendorf AFB, AK under Special Order AD-13519, dated 27 August 1999, contained 1,890 pounds of professional books, papers, and equipment (PBP&E) and that government procured move of 2,600 pounds is authorized.  Total authorized reimbursement is $2,487.10 minus the $1,289.62 previously paid.

The JPPSO evaluation is 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 4 Oct 02 for review and comment within 30 days.  As of this date, this office has received no response.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We note that the applicant performed a personally procured move and incurred expenses of $4,626.92.  Prior to performing the move he was counseled by traffic management officials and was provided an entitlements handout.  He noted a disparity between the information he was provided by counselors and the information contained in the handouts and on several occasions, sought clarification.  When he filed for reimbursement, he was advised that he had been incorrectly counseled and he was only authorized reimbursement of $1,289.62.  He made the decision to perform his DITY move, based in good faith, upon the information provided by the appropriate Air Force officials and the expenses he incurred were not a result of any act or misrepresentation on his part, but was the result of miscounseling.  The applicant is requesting relief in the amount of $4,626.92.  However, his total expenses, excluding travel insurance and lodging which are not reimbursable expenses in accordance with the JFTR, totals $,4,533.79, minus the $1,289.65 he has already received leaves a balance of $3,244.17.  We note that the Air Force recommends partial relief; however, in view of the fact that the applicant was informed on several occasions that he was entitled to rent a vehicle at government expense, we believe that the reimbursable relief sought in this application should be approved.  Therefore, we recommend his records be corrected to the extent indicated below  

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that under Special Order AD-13519, dated 27 August 1999, he was authorized by competent authority, the shipment of 3,399 pounds of professional books, papers, and equipment (PBP&E).

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The following members of the Board considered Docket Number 02-02167 in Executive Session on 20 Nov 02, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 May 02, w/atchs.
    Exhibit B.  Letter, JPPSO/CC, dated 26 Sep 02.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Oct 02.

					

AFBCMR 02-02167

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 to APPLICANT, be corrected to show that under Special Order AD-13519, dated 27 August 1999, he was authorized by competent authority, the shipment of 3,399 pounds of professional books, papers, and equipment (PBP&E).