RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01577 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to reimbursement of the Household goods (HHG) shipment of his professional books, papers, and equipment (PBP&E). ________________________________________________________________ THE APPLICANT CONTENDS THAT: The HHG shipment of his PBP&E was not annotated properly on his Descriptive Inventories Sheet, dated 6 Jun 07. Short notice changes in orders, language barriers and his mistake in not checking to ensure the instructions he gave to the movers were followed resulted in his PBP&E not being properly annotated and his HHG being overweight. During his permanent change of station (PCS) from Germany to XXXXXXX, (AL), he originally estimated 500 pounds of PBP&E on his application. However, there were no items annotated as PBP&E on his HHG Descriptive Inventories or United States (US) Government Bill of Lading. In support of his appeal, the applicant provides a personal statement and a copy of his HHG shipment documentation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Based on the available evidence and that provided by the Air Force office of primary responsibility (OPR), the applicant was reassigned on a PCS from Germany and diverted to XXXXXXX, AL. He effected two personal property shipments in conjunction with his PCS, an unaccompanied baggage (UB) shipment weighing 1,070 pounds under Government Bill of Lading (GBL) JQ-732648 and a HHG shipment weighing 18,920 pounds under GBL JQ-732646. The combined weight of the shipments exceeded the applicant’s prescribed weight allowance of 17,000 pounds. The Air Force Cost Adjudication Function (ECAF) initiated a debt against the applicant in the amount of $1,106.39 for exceeding his authorized weight allowance. ________________________________________________________________ THE AIR FORCE EVALUATION: JPPA-SAT/ECAF recommends denial, stating, in part, although the process of the notification of the excess cost to the applicant was flawed, (funds being taken from pay without prior notification) the debt for exceeding his authorized weight allowance was in fact valid. The Air Force supplement to the JFTR provides specific requirements that must be met in order for PBP&E to be credited, and the applicant did not meet those requirements. JPPA-ECAF’s adjudication section reviewed the case file and determined the debt was correct, advising that previous or subsequent shipment weights could not be used in determining the excess cost for the shipment in question. In order to receive credit for PBP&E, the Air Force Supplement to the Joint Federal Travel Regulation (JFTR) requires that it be separately packed marked, weighed, and a clear description of articles entered on the descriptive inventory prepared at the time of pick up. There was no annotation of PBP&E on the shipping documents, therefore, no credit could be allowed. Additionally, the applicant signed the inventory acknowledging that the inventory was correct. The applicant disagreed with the determination, deeming it an unacceptable response and a superficial assessment of his case. ECAF reviewed his rebuttal and again determined the debt was correct, advising that the administrative errors or untimely notification of indebtedness could not be used as a basis in which to eliminate the excess cost. The applicant’s rights were determined by law, as implemented in the appropriate regulations. The applicant is requesting the 22 items in his HHG Descriptive Inventory, equating to a constructive weight of 2,068 pounds, be annotated as PBP&E. The JFTR advises that PBP&E must be declared at origin and documented in accordance with (IAW) agency/service transportation policy and procedures. HHG not declared and/or documented as PBP&E prior to the HHG transportation is part of the HHG counted against the applicable weight allowance. It states that if a carrier fails to record and weigh the items, credit may be given if the transportation management office (TMO) documents the items and weight upon delivery. The complete JPPA-SAT/CC evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 13 Aug 10 for review and comment within 30 days. Subsequently, the applicant notified the Board of a change of address and a copy of the evaluation was forwarded to his new address on 19 Nov 10. The applicant’s case was considered by the Board on 14 Dec 10, but held in abeyance pending his response to the evaluation. However, as of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of JPPA-SAT/ECAF 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 basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2010-01577 in Executive Session on 14 December 2010, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-01577 was considered: Exhibit A. DD Form 149, dated 20 Apr 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, JPPA-SAT/ECAF, dated 6 Aug 10. Exhibit D. Letter, SAF/MRBR, dated 13 Aug 10.