RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03390

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reimbursed for the cost of shipping his privately owned vehicle (POV) at personal expense.

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APPLICANT CONTENDS THAT:

He was advised by the traffic management office (TMO) at Spangdahlem Air Base (AB), Germany that he could ship his vehicle at personal expense and be reimbursed up to what it would cost the government to ship the vehicle.

In support of his appeal, the applicant provided an expanded statement and a copy of his permanent change of station (PCS) orders.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of technical sergeant, having been promoted to that grade on 1 Nov 97.  His Total Active Federal Military Service Date (TAFMSD) is 12 Oct 83.

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force.

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AIR FORCE EVALUATION:

JPPSO-SAT/ECAF recommended denial noting that the applicant made a PCS move from Spangdahlem AB, Germany to Cannon Air Force Base (AFB), New Mexico.  In conjunction with his PCS, he shipped a POV from Germany to the east coast at Baltimore, Maryland.  However, he did not use the military channel designated for shipping POVs.  He used a private company at personal expense.  After arriving at Cannon AFB, he applied for reimbursement of the POV shipping charges and was advised he was not entitled to the reimbursement cost.

According to JPPSO-SAT/ECAF, the Joint Federal Travel Regulations (JFTR), Paragraph U5405, provides that transportation of a POV may be authorized for a member when ordered to make a PCS to, from, or between Outside the Continental United States (OCONUS) stations.  The Military Traffic Management Command (MTMC) is the executive agent for the Department of the Defense (DoD) surface passenger and personal property program.  MTMC manages and works with contractors who move household goods and vehicles for all DoD service members.  Designated vehicle processing centers are established for the turn-in and pickup of service member’s POVs for all OCONUS locations.

JPPSO-SAT/ECAF indicated that it appears the applicant chose not to have the government ship his POV for personal conveniences.  Paragraph U5425B, JFTR, states an eligible member, who has not transported a POV at government expense incident to a PCS, is entitled to reimbursement for the expense incurred when personally procured POV transportation was based on erroneous advice of a representative of the Government.  They contacted the TMO at Spangdahlem AB and they vehemently denied they advised the applicant he could ship his POV at personal expense and be reimbursed for the expense.

In addition to shipping his POV at personal expense without authorization from the TMO, the applicant did not use a United States (U.S.) flag vessel to ship the POV.  In accordance with the JFTR, for the transportation of persons/property, U.S. flag vessels shall be used except when U.S. flag vessels use would seriously interfere with/prevent the performance of official business or when U.S. flag vessels are not available.  In either case, the transportation/other appropriate officers must authorize/approve the use of a foreign flag vessel and provide documentation explaining why U.S. flag vessels are unavailable.  Appropriate documentation must be provided to the member to justify reimbursement.  The documentation must be submitted with the travel voucher requesting reimbursement.

In JPPSO-SAT/ECAF’s view, the applicant did not provide any evidence to support a probable error by transportation personnel.  Their review of the case indicated that he elected to return the vehicle at personal expense for his personal convenience.  Also, he elected to use a foreign flag carrier without a letter of authorization from the TMO stating U.S. flag carriers were not available.

A complete copy of the JPPSO-SAT/ECAF evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated that he was briefed that he would be reimbursed for the cost of shipping his vehicle, and that he was never briefed on the use of a U.S. flagship.  

He also indicated that personal convenience was not the only reason he had for shipping his car himself.  Due to military delays, he did not receive his orders until 30 days prior to his port call.  Since he only had one vehicle, and the military shipping time was 90 days, he would have arrived at his new duty station without transportation.  Taking the time to shop for a second vehicle would have taken time away from his inprocessing and delayed his reporting to his duty section.

Applicant’s complete response is at Exhibit D.

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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 an injustice.  The evidence of record reflects that in conjunction with his PCS, the applicant shipped his POV from Germany to Maryland, using a private company at personal expense.  After arriving at his new duty station, he applied for reimbursement of the POV shipping charges, but was advised he was not entitled to reimbursement.  The applicant contends that he was advised by transportation personnel that he could ship his vehicle at personal expense and be reimbursed up to what it would cost the government to ship the vehicle.  After a thorough review of the facts and circumstances of this case, we are of the opinion that the applicant may have been erroneously advised regarding the shipment of his POV at personal expense.  In our view, it is unlikely that the applicant would have incurred the personal expense of shipping his vehicle if he did not believe he would be reimbursed the cost of doing so.  In addition, it appears that the applicant may have saved the government by personally procuring transportation for his POV.  In view of the foregoing, and to remove the possibility of an injustice, we believe any doubt regarding this matter should be resolved in favor of the applicant.  Accordingly, we recommend that the applicant’s records be corrected as set forth 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 competent authority approved the shipment of his privately owned vehicle (POV) at personal expense and that, due to the non-availability of United States registered carriers, the use of a foreign flag carrier was authorized; and, in accordance with the Joint Federal Travel Regulations (JFTR), paragraph U5425B, he is entitled to reimbursement for the expenses incurred for the personally procured transportation of his POV.

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The following members of the Board considered AFBCMR Docket Number 02-03390 in Executive Session on 25 Mar 03, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

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

     Exhibit A.  DD Form 149, undated, w/atchs.
     Exhibit B.  Letter, JPPSO-SAT/ECAF, dated 22 Jan 03, w/atch.
     Exhibit C.  Letter, SAF/MRBR, dated 31 Jan 03.
     Exhibit D.  Letter, applicant, dated 18 Feb 03.

                                   

AFBCMR 02-03390

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 , be corrected to show that competent authority approved the shipment of his privately owned vehicle (POV) at personal expense and that, due to the non-availability of United States registered carriers, the use of a foreign flag carrier was authorized; and, in accordance with the Joint Federal Travel Regulations (JFTR), paragraph U5425B, he is entitled to reimbursement for the expenses incurred for the personally procured transportation of his POV.