RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2008-03666 

 INDEX CODE: 128.00 

 ` COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His indebtedness to the government as a result of the excess 
weight of his household goods (HHG) shipment be eliminated. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The current debt against him for this move should be removed. He 
made two moves to ship household goods for his wife and daughter 
prior to his retirement. He also stated that the carrier was a 
little upset because his moving van was only 70 percent full. He 
believed the carrier packed someone else's HHGs along with his 
causing an unauthorized weight limit. 

 

In support of his application, applicant provides copies of his 
U-Haul equipment contracts, a copy of DD Form 2789, Waiver/Remission of Indebtedness Application, and a letter from 
the Defense Finance Accounting Service (DFAS). 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Per Special Order AC-016541, dated 4 April 2007, the applicant 
made a move from Las Vegas NV to XXXXXXX, MO for the purpose of 
retirement. The move was under Government Bill of Lading (GBL) 
ZX-478,602, dated 25 April 2007. The original net weight of the 
shipment was 16,520 pounds less 1,652 for packing allowance 
(14,868). The applicant was billed $1,980.15 for exceeding the 
authorized weight allowance of 13,000 pounds by 1,868 pounds as 
authorized for a master sergeant. 

 

On 7 April 2008, the applicant filed for a waiver of excess cost 
charges. The DFAS reviewed the case and advised him that the 
debt was ineligible for a waiver, as it was not due to erroneous 
payment by the Government. 

 

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AIR FORCE EVALUATION: 

 

JPPSO/ECAF recommends denial and states the property in the 
applicant's HHG shipment was weighed using certified scales, and 
there has been no evidence presented that shows the weights were 
incorrect. The applicant has not provided evidence that he is the 
victim of an error or injustice. 

 

Shipments moving under GBLs are weighed on certified scales, as 
supported by certified weight certificates. Without documented 
evidence indicating they are erroneous, the Government must pay 
the transportation costs based on those weights. Paragraph U5340-
B-1, JFTR, advises that when a member makes a shipment in excess 
of the authorized weight allowance, the total transportation cost 
must be prorated on the basis that the member bears the portion 
that the excess net weight bears to the total net weight the 
Government paid to be transported. It is not unusual for carriers 
to load more than one person's property on a van. Weights are 
obtained before and after each loading/off loading, and any other 
property on the van becomes part of the tare weight. Thus, the 
net weight of a member's property is not affected. The billing to 
the applicant was based on the lower initial net weight of 16,520 
pounds and not on the higher 16,660 pounds obtained from the 
weighing at the destination. 

 

ECAF's complete evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 9 January 2009 for review and comment within 30 days. As of 
this date, this office has received no response. 

 

_________________________________________________________________ 

 

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 an error or injustice. After a 
thorough review of the evidence of record and the applicant’s 
submission, we are not persuaded that relief of his indebtedness 
to the government is warranted. His contentions are duly noted; 
however, the indebtedness he incurred is a result of exceeding 
his maximum allowed weight allowance. Therefore, we agree with 
the opinion and recommendation of the Air Force office of primary 
responsibility and adopt its rationale as the basis for our 



conclusion that the applicant has not been the victim of an error 
or injustice. Therefore, in the absence of evidence to the 
contrary, we find no compelling basis to recommend granting the 
relief sought in this application. 

 

________________________________________________________________ 

 

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 Docket Number BC-
2008-03666 in Executive Session on 19 February 2009, under the 
provisions of AFI 36-2603: 

 

  Panel Chair 

  Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 27 Sep 08, w/atchs. 

 Exhibit B. Letter, ECAF, dated 8 Dec 08, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 9 Jan 09.