RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01964 INDEX CODE:	128.02
xxxxxxxxxxx	COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His Household Goods (HHG) debt ($4,058.28) due to excess weight be removed.

APPLICANT CONTENDS THAT:
He should not owe money because it was not his fault that he was allowed to ship a Privately Owned Vehicle (POV). It was never brought to his attention that shipping a POV was not allowed. Furthermore, he received an amendment to his orders saying it was authorized as well as the Travel Management Office personnel putting it on the DD Form 1299, Application for Shipment and/or Storage of Personal Property. He does not have the money nor can he afford to pay this debt.

In support of his application, the applicant provides a copy of AF IMT 100, Request and Authorization for Separation, copies of his amendments to his separation orders, a copy of his DD Form 1797, Personal Property Counseling Checklist, and a letter of indebtedness from Defense Finance and Accounting Service (DFAS).

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

STATEMENT OF FACTS:
According to the military personnel data system, the applicant is an Air Reserve Technician serving in the grade of staff sergeant having assumed that grade effective and with a date of rank of 1 Jan 05.

Per Special Order A-SE-0635, dated 17 Jul 07, the applicant made a PALACE CHASE assignment PCS from Hill AFB, UT to Barksdale AFB, LA. Two AF Form 973s were issued 20 Apr 07 and 18 Jul 07 respectively, authorizing the shipment of a POV and correcting his RE code from 2K to 1J.

On 22 May 08, the Joint Personal Property Shipping Office, Excess Cost Adjudication Function (ECAF) advised the applicant that he

had shipped a POV within the continental United States (CONUS) and exceeded his Joint Federal Travel Regulation (JFTR) entitlement. The ECAF advised him that in accordance with the JFTR, Volume 1, paragraph U5415, a dependent's inability to drive does not satisfy the criterion for POV transportation within CONUS incident to a PCS when the member is unable to drive the vehicle.

On 19 Feb 08, DFAS advised the applicant that a debt owed to the Department of Defense had been established in the amount of
$4,058.28.

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 relief. The applicant asserts that he was unaware that shipping a POV was not allowed since his orders authorized the shipment of a POV. After reviewing the documents submitted in support of his appeal, we believe this to be true. The applicant's orders clearly state that he was authorized the shipment of a POV and, therefore, we believe he should not be held accountable for the debt due to exceeding his JFTR entitlement. Therefore, to resolve any possibility of an injustice, we believe the applicant’s records should be corrected as indicated below.

THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 19 February 2008, he applied for remission of the indebtedness incurred as a result of the shipment of excess weight of his Privately Owned Vehicle (POV) and his application was approved in the amount of
$4,058.28, by competent authority.

The following members of the Board considered Docket Number BC- 2008-01964, in Executive Session on 15 Jan 09, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member

The following documentary evidence pertaining to Docket Number BC-2008-01964 was considered:

DD Form 149, received 12 Mar 08, w/atchs.