RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-00761
							INDEX CODE:  128.02
  XXXXXXXXXXXXXXXXXXXX				COUNSEL:  NONE

  XXX-XX-XXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reimbursed in the amount of $1,193 for the shipment of his privately owned vehicle (POV) in conjunction with his permanent change of station (PCS) from Eglin AFB, FL to Ramstein AB, Germany in October 2002.  He also be reimbursed for his daughter’s mileage (667 miles) from Ft Walton Beach, FL to Jacksonville, FL.

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APPLICANT CONTENDS THAT:

He intended to ship both of his POVs to Germany for his PCS.  He paid for the expense of shipping his first vehicle.  His intention was that the government would pay for shipment of his second POV.  His family was delayed joining him in Germany due to medical problems, delaying shipment of the second vehicle.  By the time the family received a medical clearance, his second vehicle had developed serious mechanical problems and was unsuitable for shipment to Germany.  He believes the government should reimburse him for the shipment of the first vehicle since he did not ship the second vehicle. 

In support of his application, the applicant submits a personal statement, a copy of his PCS order with amendments, a copy of his Bill of Lading, a copy of an international money order, a copy of an e-mail between USAFE/LGTT and AF/ILGT, and a copy of an e-mail between USAFE/LGTT and USAFE/LG.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

According to the military personnel data system (MilPDS), the applicant has a total active federal military service date (TAFMSD) of 24 September 1981.  He was progressively promoted to the rank of master sergeant (E-7), effective 3 December 1999.  His current date of separation is 22 October 2005.

Per Special Order A-1541, dated 24 September 2002, the applicant made a PCS move from Eglin AFB, FL to Ramstein AB, Germany in October 2002.  He elected to pay $763 to ship his POV from Jacksonville, FL to Bremerhaven, Germany at personal expense.  He also paid an additional $430 to transport the vehicle from Bremerhaven to Ramstein AB.  

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AIR FORCE EVALUATION:

JPPSO-SAT/ECAF recommends denial of the applicant’s request.  It is ECAF’s opinion that the applicant does not meet the burden of establishing he is the victim of an error or injustice caused by either a representative of the government or a government entity.  The applicant was correctly advised that he was entitled to have one vehicle shipped to Germany at government expense.  At his discretion, the applicant elected to ship his vehicle at personal expense because he wanted to reserve the entitlement to ship a second vehicle at a later date.  However, the applicant later elected not to use the entitlement to ship the second vehicle.  Members are not reimbursed for entitlements they elect not to use.  Additionally, it appears the applicant used a foreign flag vessel to transport his POV to Germany.  When U.S. flag vessels are not available to transport personnel or cargo, the transportation or other appropriate officer must approve/authorize foreign flag vessel use.  When foreign registered carriers are used, documentation explaining why U.S. Flag carrier service is not available must be provided to the member and must be attached to the request for reimbursement.

Regarding the 667-roundtrip miles to Jacksonville, FL his daughter had to drive to turn the vehicle in for shipment, the vehicle processing center for members assigned to Eglin AFB, FL who wish to ship POV at government expense is located at New Orleans, LA, a distance of 250 miles.  The JPPSO-SAT/ECAF advisory is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant claims he was not fully counseled on all options for shipping a POV at personal expense, and not advised of the requirement to use a U.S. Flag carrier.  The applicant states the Eglin AFB Traffic Management Office (TMO) counseled him that he was only allowed to ship one vehicle at government expense.  Any additional vehicles would be at the applicant’s expense.  He claims there was no mention that if he could not use his government entitlement on the second vehicle that he could not be reimbursed for his personally procured POV shipment on his first vehicle.  He points out that the $1,193 shipment reimbursement he is seeking is $2,010 less than the $3,203 the government would have paid for shipment of his POV.  He recognizes that he did not ship his vehicle at the closest vehicle-processing center to his duty station, but he did so because it was the closest vehicle-processing center to where the vehicle was located.  He respectfully requests favorable consideration of his request based on extenuating circumstances beyond his control and incomplete counsel by the TMO.  The applicant’s rebuttal is at Exhibit E.

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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 warranting corrective action.  Even though the evidence does not establish that the actions taken by Air Force officials were improper based on the applicant’s initial plans at the time of his PCS reassignment or that he was provided misleading or incomplete information as he has alleged, after considering the totality of the evidence before us, we believe that the applicant is the victim of an injustice and that some relief is warranted.  The applicant planned to ship a vehicle at his own expense and use his entitlement to ship a POV at government expense for a second vehicle at a later date to allow for the use of the second vehicle by his family, who were delayed in the CONUS by medical problems prior to joining him at the overseas location.  Due to circumstances beyond his control, the second vehicle became unsuitable for shipment.  Since the applicant was entitled to one government funded POV shipment, in view of the circumstances of this case, i.e., the delay by his family’s travel because of medical reasons and the necessity for the second vehicle because of the size of his family, we believe fairness dictates the records be corrected to show he used his POV shipping entitlement as set forth in the Joint Federal Travel Regulations to ship the first vehicle, the Chevy Blazer.  As to the applicant’s request for reimbursement for the mileage of this vehicle, we concur with the JPPSO-SAT/ECAF assessment and are of the opinion that the applicant should be reimbursed for the mileage to get the vehicle to the POV port or vehicle processing center serving the old permanent duty station, since it appears that he would have been entitled to reimbursement of that amount had he elected to ship the Chevy Blazer at government expense.  In short, it is our opinion that proper and fitting relief given the totality of the circumstances of this case would be for the applicant to be reimbursed in the amount he would have received had he been authorized to ship his vehicle via foreign flag carrier from his old duty location to his overseas assignment.

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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 on 24 September 2002, competent authority issued “Statements of Non-availability” indicating that government or government-procured transportation and American Flag carriers were not available for shipment of his Privately Owned Vehicle (POV) in connection with his reassignment from Eglin AFB, Florida to Ramstein AB, Germany, and he was authorized to purchase transportation for his POV on a Foreign Flag carrier; and, he is entitled to reimbursement for personally procured transportation of his POV in accordance with the Joint Federal Travel Regulations (JFTR), paragraph U5425-B. 

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The following members of the Board considered this application in Executive Session on 18 June 2003, under the provisions of AFI 36-2603:

	Vice Chair
	Member
	Member

The following documentary evidence for AFBCMR Docket Number BC‑2003-00761 was considered:

    Exhibit A.  DD Form 149, dated 31 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, JPPSO-SAT/ECAF, dated 20 Mar 03.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Mar 03.
    Exhibit E.  Letter, Applicant’s Review, dated 23 May 03.

                                   
                                   Vice Chair

AFBCMR BC-2003-00761

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 XXXXXXXX, XXXXXXXX, be corrected to show that on 24 September 2002, competent authority issued “Statements of Non-availability” indicating that government or government-procured transportation and American Flag carriers were not available for shipment of his Privately Owned Vehicle (POV) in connection with his reassignment from Eglin AFB, Florida to Ramstein AB, Germany, and he was authorized to purchase transportation for his POV on a Foreign Flag carrier; and, he is entitled to reimbursement for personally procured transportation of his POV in accordance with the Joint Federal Travel Regulations (JFTR), paragraph U5425-B. 

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency