RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01077
		INDEX NUMBER:  128.00
	XXXXXXX	COUNSEL:  None

	XXXXXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be reimbursed for expenses incurred due to the erroneous shipment of his privately owned vehicle (POV).

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APPLICANT CONTENDS THAT:

When his traffic management office (TMO) briefed him on his POV shipping entitlements for a permanent change of station move to New Zealand, he was advised that he could ship the POV, but was not told of any restrictions.  When his vehicle arrived in New Zealand, the Land Transport Inspector informed him that his car could not be driven because it lacked airbags.  He applied for, but was denied a waiver.  His local TMO representative also advised him that he would not be reimbursed for any expenses related to the shipment of his vehicle.

In support of his appeal, the applicant provides copies of shipping documents, his efforts to obtain a waiver, documentation verifying that he was not advised of the restrictions on shipping vehicles to New Zealand, and copies of receipts for a rental car and work done on his POV.

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

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STATEMENT OF FACTS:

The applicant is a technical sergeant (TSgt) serving on active duty.  Per Special Order AA-1299, the applicant was reassigned on a PCS move to New Zealand.  He was authorized to and shipped his POV.  After arrival of his POV in country, he discovered that his POV did not meet the standards for operation in New Zealand.

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AIR FORCE EVALUATION:

JPPSO/ECAF recommends that the applicant be authorized shipment of his vehicle from New Zealand to the CONUS.

Since the applicant’s POV did not meet the standards for operations in New Zealand without major modifications, he was entitled to ship the vehicle from his assignment at the time to the CONUS for storage.  Paragraph U5466 of the Joint Federal Travel Regulations (JFTR) provides that a member is eligible to have one POV stored at a storage facility if the laws, regulations, or other restrictions imposed by a foreign country or the United States preclude shipment or entry of a motor vehicle at Government expense into that foreign country or the vehicle would require modification (other than normal maintenance servicing) as a condition to entry into the foreign country.

Regarding the applicant’s request for rental reimbursement, the JFTR only authorizes up to $30.00 per day for a maximum of seven days when the POV does not arrive at the authorized destination by the designated delivery date.  The circumstances in the applicant’s case do not meet the intent of the law for reimbursement.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 Jun 04 for review and comment within 30 days.  To date, a response has not been received.

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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 regarding the applicant’s request for complete reimbursement of expenses related to the erroneous shipment of his privately owned vehicle.  It appears that the applicant is seeking a total of $300.15 for repairs made to his vehicle and another $838.00 for reimbursement of rental car expense.  While it does appear that the applicant’s problems were caused by his gaining unit’s failure to request an update of the Personal Property Consignment Instruction Guide (PPCIG) and to insure that the applicant had current information on the restrictions on vehicles shipped to New Zealand, the JFTR does not authorize reimbursement for the items the applicant is seeking.

4.  Notwithstanding the above determination, sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting a measure of relief.  In that regard, we concur with the recommendation of JPPSO/ECAF that the applicant’s POV shipping entitlement be reinstated and that the applicant be authorized to ship his POV from New Zealand to the Continental United States for storage.  Additionally, while unable to reimburse the applicant for the total cost of his rental car expense, we believe that he should be reimbursed the maximum allowed for rental car expense, seven days at $30.00 per day for a total of $210.00.  Therefore, we recommend that the applicant’s records be corrected as 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:

	  a.  His private owned vehicle (POV) was erroneously shipped from Japan to New Zealand under the authority of Special Order AA-1299, dated 7 Aug 03, and is authorized to be reshipped from New Zealand to the appropriate vehicle processing center for storage under the provisions of the Joint Federal Travel Regulations, Volume I--Uniformed Service Members, Paragraph U5440-B.

	  b. His POV did not arrive at the authorized destination by the designated delivery date and under the provisions of the Joint Federal Travel Regulations, Volume I--Uniformed Service Members, Paragraph U5410-D, he is authorized reimbursement for rental of a motor vehicle in the amount of $210.00.

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The following members of the Board considered Docket Number BC-2004-01077 in Executive Session on 21 July 2004, 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 27 Feb 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, JPPSO/ECAF, dated 4 Jun 04,
                 w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 11 Jun 04.

                                   

AFBCMR BC-2004-01077

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 XXXXXXX, XXXXXXX, be corrected to show that:

		a.  His private owned vehicle (POV) was erroneously shipped from Japan to New Zealand under the authority of Special Order AA-1299, dated 7 Aug 03, and is authorized to be reshipped from New Zealand to the appropriate vehicle processing center for storage under the provisions of the Joint Federal Travel Regulations, Volume I--Uniformed Service Members, Paragraph U5440-B.

		b. His POV did not arrive at the authorized destination by the designated delivery date and under the provisions of the Joint Federal Travel Regulations, Volume I--Uniformed Service Members, Paragraph U5410-D, he is authorized reimbursement for rental of a motor vehicle in the amount of $210.00.