RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02860
		INDEX CODE:  128.00
		COUNSEL:   NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His indebtedness for shipment of household goods per Special Order AB-0829, dated 15 Nov 06, be waived.

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APPLICANT CONTENDS THAT:

He had a permanent change of station (PCS) from Florida to Colorado.  His household goods (HHG) shipment resulted in 11 pages of inventory.  The transportation office states that the average weight per page of inventory can safely be estimated at 1,000 to 1,200 pounds per page.  He moved 2,500 pounds at his own expense.  He was not presented with the weight of his shipment and the driver did not check with the transportation office prior to delivery.  He was not credited with pro-gear weight which was set aside.

In support of the application, the applicant submits a 28-page enclosure with eight separate attachments.

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

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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) indicates the applicant is currently serving on active duty as a Master Sergeant effective and with a date of rank of 1 Oct 07.

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 B.

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AIR FORCE EVALUATION:

The Joint Personal Property Shipping Office (JPPSO) recommends denial.  JPPSO states the applicant made a HHG shipment in conjunction with his PCS under Government Bill of Lading (GBL) ZX-222337, dated 13 Apr 07.  The shipment had a net weight of 19,220 pounds.  As the applicant held the grade of TSgt (E-6), with dependents at the time of his permanent change of station (PCS), he exceeded the prescribed weight authorization of 11,000 pounds and was billed $8,395 for his proportionate share of the transportation cost.  

He filed a rebuttal of the excess cost charges and requested elimination of debt due to (1) previous shipment was only 13,000 pounds and he could not have possibly gained another 9,000 pounds in 4 years, (2) he transported part of the property himself using a 16 foot rental truck at personal cost, (3) another shipment was already on the truck when it arrived to pick-up his property, and (4) he separated and identified professional books, papers, and equipment (PBP&E) to the movers but the credit was not applied to the excess cost computation.

The Excess Cost Adjudication Function (EXAF) reviewed the case and determined the applicant had shipped personal property in excess of the prescribed weight allowance, and the charges as listed were correct.  They stated that, according to the Comptroller General, the weight of a previous shipment could not be used to substitute for the weight of a current shipment.  The weights were obtained on certified scales and in the absence of any documented evidence indicating the weights were erroneous; they must be accepted as being correct.  Regulations require that PBP&E be separately packed, marked, and identified as such on the shipping documents in order to receive credit.  Since no PBP&E were identified on the inventory, GBL, or DD Form 619, Statement of Accessorial Services Performed, no credit could be allowed.  

Applicant filed for remission of debt indicating he was unable to afford the repayment due to financial difficulties.  He further stated he had filed for Chapter 7 bankruptcy through the District of Columbia.  The Air Force Financial Services Center advised the request for remission was denied and effected collection of $350.00 per month.  

JPPSO states when a member makes a shipment in excess of the authorized weight allowance, the total transportation cost must be pro-rated on the basis that the member bears the portion that the excess net weight bears to the total net weight transported.  Shipments moving under GBLs are weighed on certified scales as supported by certified weight certificates, and without documented evidence indicating they are erroneous, the Government pays transportation costs based on those weights.  If a member exceeds his weight allowance he must pay his proportionate share of those costs.  Estimates of shipment weights are not binding and cannot be substituted for official weights obtained on certified scales.  PBP&E must be declared at origin and documented in accordance with transportation policy and procedures.  Although the applicant declared 1,500 pounds of PBP&E at the time of counseling, he did not insure it was annotated on the actual shipping documents.  Therefore, there was no way to determine the amount of PBP&E he shipped.

Certified weight tickets must be utilized when available, and shipping documents must reflect the physical transportation of PBP&E in order for credit to be granted.

The complete JPPSO evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21 Nov 08 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit C).

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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.  After a thorough review of the evidence presented, we are not persuaded that the applicant has been the victim of an error or injustice.  Therefore, we agree with JPPSO’s opinion and recommendation and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of persuasive evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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.
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The following members of the Board considered this application in Executive Session on 25 February 2009, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered under AFBCMR Docket Number BC-2008-02860:

	Exhibit A.  DD Form 149, dated 21 Jul 08, w/atch.
	Exhibit B.  Letter, JPSSO-SA/CC, dated 14 Nov 08.
	Exhibit C   Letter, SAF/MRBR, dated 21 Nov 08.

                                  
                                  Panel Chair