ADDENDUM TO 
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01053
		INDEX CODE:  128.10
		COUNSEL:  NONE

		HEARING DESIRED:  Not Indicated

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed for charges he incurred resulting from exceeding his maximum allowable weight limit.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant made a PCS move departing Yongsan, Korea on 6 Aug 01 and arriving at Lackland AFB, TX on 8 Aug 01.  He made two shipments of personal property from Korea to San Antonio, TX.  In addition, he made a shipment of household goods (HHG) from Ogden, UT to San Antonio, TX.  This property remained in nontemporary storage during his tour in Korea.  In a prior application, the applicant requested that he be reimbursed for charges he incurred as a result of non-receipt of his nontemporary storage shipment.  The Board found that because of the number of shipments made by the applicant and number of phone calls made between him and the Traffic Management Office the applicant had established that reasonable doubt existed and recommended that his application be resolved in his favor.  For an account of the facts and circumstances surrounding his appeal and the Board's decision, see the Record of Proceedings at Exhibit D.

In his most recent request, applicant states $1,031.48 was taken from his pay.  $621.49 was for the erroneous attempted delivery charges.  He was told that the remaining debt of $409.99 was due to excess weight costs.  At no time during any of his shipments was he overweight.  He was in attendance each time the carriers weight his shipments.  In support of his request, applicant provided a personal statement and documentation associated with his notification of indebtedness.  His complete submission, with attachments, is at Exhibit E.  

_________________________________________________________________

AIR FORCE EVALUATION:

JPPSO-SAT/ECAF recommends denial.  JPPSO states the household goods shipment from Korea had a net weight of 7,870 pounds, including 240 pounds of professional books, papers, and equipment.  The unaccompanied baggage shipment from Korea to Texas had a net weight of 522 pounds.  The household shipment form Utah to Texas had a net weight of 4,520 pounds.  Considering the weight credits for packing materials and professional books, papers, and equipment, he exceeded the prescribed weight allowance for his grade by 450 pounds, incurring the excess cost charge of $409.99.  In accordance with the Joint Federal Travel Regulation, he is financially responsible for all transportation costs in excess of the authorized allowance.  The JPPSO evaluation is at Exhibit F.  

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23 Jan 04, for review and comment within 30 days.  As of this date, this office has received no response.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

After again reviewing this application and the additional evidence provided in support of the appeal, we are not persuaded that further relief of his indebtedness to the government is warranted.  In his previous request, the applicant requested he be relieved of charges incurred as a result of nonreceipt of shipment charges.  Giving the applicant the benefit of the doubt, the Board granted his request.  He now requests relief of the portion of his debt resulting from exceeding his maximum weight allowance.  We carefully considered his request; however, we do not find his contentions sufficiently persuasive to override the rationale provided by the Air Force and adopt their rationale as basis for our conclusion that he has not been the victim of an error or injustice.  The evidence of record shows he exceeded his maximum allowable entitlement for both the items he shipped and exceeded the maximum allowable weight that was in storage and partially delivered.  In our opinion, that portion of his debt was appropriately established as required by the Joint Federal Travel Regulation, which implements the law.  In the absence of evidence to the contrary, we find no basis on which to favorably consider the requested relief.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
_________________________________________________________________

The following members of the Board considered this application in Executive Session on 17 Feb 04, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit D.  Record of Proceedings, dated 13 Aug 03, w/Exhibits.
	Exhibit E.  Applicant’s Letter, dated 17 Nov 03, w/atchs.
	Exhibit F.  Letter, JPPSO-SAT/ECAF, dated 146Jan 04.
	Exhibit G.  Letter, SAF/MRBR, dated 23 Jan 04.

                                   
                                   Panel Chair