RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-02023
							INDEX CODE:  128.02
  XXXXXXXXXXXXXXX				COUNSEL:  NONE

  XXXXXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His excess weight charge on his final Permanent Change of Station (PCS) move be eliminated due to errors by the moving company.  He be reimbursed for the amount he has already paid ($3,751.60) and, he be excused for the outstanding balance ($4,718.70).  

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APPLICANT CONTENDS THAT:

The carrier failed to record his professional books, papers, and equipment (PBP&E).  He did everything that was required of him.  He failed to catch the error on the inventory, but he trusted the contractor to follow the required procedures.  The contractor did not afford him adequate time to thoroughly inspect the 44 pages of inventory, and even if the error had been caught, it was too late to do anything about it.  It wasn’t until 23 October 2002, when he received a bill for excess weight, that he realized there was a problem. 

In support of his application, the applicant submits a personnel statement; and copies of his retirement order, Government Bill of Lading (GBL), documentation concerning his excess weight debt, a memorandum from the moving company, inventory documentation, an excerpt from the Defense Transportation Regulation (DTR), and an ECAF memorandum dated 14 May 2004.  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 served 25 years and 11 days of active military service.  He was progressively promoted to the rank of lieutenant colonel effective 1 November 1992.  MILPDS reflects the applicant retired effective 1 October 2001.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

JPPSO-SAT/ECAF recommends denial of the applicant’s waiver request.  ECAF states that the applicant, in conjunction with his retirement, made a shipment of household goods (HHG) from Yellow Springs, Ohio, to Bentonville, Iowa.  The shipment moved under GBL AP-867455 with a net weight of 36,740 pounds.  The applicant also requested full replacement insurance for his shipment in the amount of $798.70.  The applicant was billed $9,269.00 in excess weight charges for exceeding the authorized weight allowance of 17,500 pounds and for the increased valuation insurance.  

ECAF states that a member is authorized PBP&E transportation, when the member certifies the PBP&E as necessary for official duty.  The PBP&E must be declared at origin and documented in accordance with transportation policy and procedures.  The Air Force Supplement to the Joint Federal Travel Regulation (JFTR) stipulates that when a member declares PBP&E, the items must meet the criteria of PBP&E as defined in Appendix A of the JFTR and the PBP&E must be separately packed, marked, weighed, and a clear description of articles entered on the carrier’s HHG inventory prepared at the time of pickup.  If it isn’t possible or practical to weigh the PBP&E at origin, the constructive weight of 40 pounds per cubic foot applies.  In either event, actual or constructive weights of each inventoried item must be entered on the inventory.  

ECAF states at the time of his shipment, the applicant estimated he would have 12,000 of PBP&E to include in his shipment.  However, no items in the shipment were identified as PBP&E.  The shipment went into storage for 20 days at destination prior to delivery to residence.  The applicant did not contact the Traffic Management Office (TMO) at destination to have the PBP&E documented at the time of delivery.  When the applicant received the notice of indebtedness for excess weight, he contacted the carrier and requested they provide a statement regarding his PBP&E.  The carrier provided a letter stating they estimated the shipment contained approximately 22,145 pounds of PBP&E.  Since the letter was provided more than six months following the delivery of the shipment, ECAF contacted the carrier, only to discover that the carrier representative who signed the statement was not familiar with the shipment and that she, at the applicant’s request, identified items of PBP&E on the inventory per his request.  Items identified as PBP&E included numerous filing cabinets, a fireproof safe, three steel cabinets, a cube shelf unit consisting of 69 cubes, several desk, multiple metal shelving units, bookcases, metal racks, and other items of furniture.  As defined in Appendix A of the JFTR, these items don’t qualify as PBP&E.  The definition excludes office, household, or shop fixtures or furniture (such as bookcases, file cabinets, and racks) of any kind, even when used in connection with the PBP&E.     

ECAF states that many members, when notified of overweight charges, request after-the-fact declaration of PBP&E in order to reduce or eliminate the indebtedness.  For this reason, regulations limit the use of after-the-fact declaration of PBP&E.  In accordance with the Air Force Supplement to the JFTR, paragraph 2.1.4.2.5, after-the-fact declaration of PBP&E can only be accepted when a review of the member’s case file contains documented intent to declare PBP&E.  Documented intent includes a requirement that the PBP&E was separately identified, marked, and inventoried during the move in question.  In this case, reviews of the inventories reveal there were no items identified as PBP&E during the move.

It is ECAF’s opinion that the applicant was aware of the requirements of having PBP&E identified and separately packed because he had a similar request for PBP&E after-the-fact credit from a shipment in 1997.  In view of the above, it is ECAF’s opinion that the applicant’s request for after-the-fact PBP&E credit should be denied.  The JPPSO-SAT/ECAF evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he did not receive a fair and impartial evaluation by JPPSP-SAT/ECAF.  Following receipt of ECAF’s 14 May 2004 letter, he contacted the letter’s author and was advised he had a very strong case to appeal to the Air Force Board for Corrections of Military Records.  The Air Force advisor told him he should not be held accountable for the carrier’s errors or the fact that TMO did not come out to do their job at either end of the move to inspect documentation, especially based on the size of the move.  ECAF even provided him with the necessary paperwork to appeal to the Board.  Now, ECAF is on the other side of the fence, in essence saying he has a weak case.  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 a probable injustice warranting partial relief.  We can detect no error in the actions taken to establish the applicant’s debt for his HHG shipment in connection with his retirement; however, based on the possibility of an injustice we feel that some relief is warranted.  The applicant asserts, among other things, that he was not given a sufficient opportunity to inspect the extensive inventory of his household goods shipment.  This may be true and we are prepared to give the applicant the benefit of the doubt with respect to this contention.  Nevertheless, based on the fact that he was an experienced officer who has made previous HHG shipments during his lengthy career, coupled with his failure to accomplish all tasks required of him during his retirement move, we believe that he must bear a large portion of the responsibility for the debt.  We have verified that the applicant was previously approved for 7,800 pounds of PBP&E in his 1997 permanent change of station (PCS) move and believe it reasonable to assume the applicant was still in possession of that amount of PBP&E at the time of his retirement.  Therefore, by correcting the applicant’s records in the following manner, it is our opinion he will be afforded proper and fitting relief based on the circumstances and the evidence presented in this case.  

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the Government Bill of Lading AP-867455 dated 30 April 2001, was amended to show he was authorized shipment of 7,800 pounds of professional books, papers and equipment (PBP&E).

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The following members of the Board considered this application in Executive Session on 14 October 2004, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number BC-2004-02023 was considered:

     Exhibit A.  DD Form 149, dated 21 Jun 04, with atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, JPPSO-SAT/ECAF, dated 3 Aug 04.
     Exhibit D.  Letter, SAF/MRBR, dated 13 Aug 04.
     Exhibit E.  Letter, Applicant’s Review, dated 18 Aug 04.

AFBCMR BC-2004-02023

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 XXXXXXXXXXXXXXXX, be corrected to show that the Government Bill of Lading AP-867455 dated 30 April 2001, was amended to show he was authorized shipment of 7,800 pounds of professional books, papers and equipment (PBP&E).