RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00529 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be compensated for his personally procured move (PPM) as briefed by his Traffic Management Flight (TMF). _________________________________________________________________ APPLICANT CONTENDS THAT: The TMF incorrectly used “low cost” rates to counsel him on his PPM application rather than the newly implemented “best value” rates. As such, the counselor incorrectly estimated the amount of compensation he would receive for a “Do-it-Yourself (DITY)” move. Had he not been miscounseled, he would not have agreed to a PPM that would have provided no incentive and resulted in excess costs. In support of his request, the applicant provides documents associated with his move. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air force in the grade of master sergeant (MSgt). The applicant was counseled on doing a personally procured move in conjunction with his permanent change of station (PCS) move from Hickam AFB, HI to Beale AFB, CA. On 9 June 2010, the applicant completed a DD Form 2278, Application for Do-it- Yourself Move and Counseling Checklist, and was quoted an estimated incentive payment of $15,404.35 to personally procure his move. Based on that amount, the applicant was given an advance payment of $9,729.06. The applicant personally arranged to have his HHG transported at a cost of $7,489.58 (to include $51.71, for the purchase of packing materials). Under the Defense Personal Property System (DPS), the maximum payment authorized for shipping the actual weight of 11,000 pounds was $9,163.94. Since the applicant received an advanced allowance of $9,729.06, he owed the government $983.71. The applicant applied for a remission of the debt, and it was approved by the Air Force. _________________________________________________________________ AIR FORCE EVALUATION: PPA HQ/CC recommends denial, indicating that federal law prohibits paying any member more for shipping goods than it would have cost the government to ship the goods. Change 283, to the JFTR, effective 15 Apr 10, required that Government Constructed Cost (GCC) used to determine the incentive payments in PPMs be based on “best value” charges, versus the “low cost” charges. The Personal Property Activity Headquarters (PPA HQ) directed the use of the new PPM module featured in the 1 Apr 10 release of DPS, which coincided with changes to the JFTR and execution of the “best value” cost methodology. This change significantly reduced the rates for PPMs between Hawaii and the Continental United States (CONUS). In addition to the change 283 of the JFTR, AF/A4L posted a revised Attachment 14 to the AF Supplement to the JFTR on 15 Apr 10 to reiterate the new requirement. Also, PPA HQ transmitted to the field an advisory requiring all AF PPMs processed in TOPS before 15 Apr 10 be closed out in TOPs (paid at the low cost rate), and the PPMs processed on 15 Apr 10 or after to be processed in DPS (paid at the best value rate. The complete PPA HQ/CC evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He believes the DD Form 2278 constituted a binding agreement between the US Government and him and the government defaulted on that agreement in violation of the intent of the Antideficiency Act, Fiscal Law and American values. The recommendation to deny his claim based on the fact he did not lose money is unjust and dishonorable. He did not go into this venture to save the government money, he did it as an investment with profit potential. The fact he was able to mitigate his loss and turn a small profit does not make what the Air Force did right. In addition, the government falsified the DD Form 2278, dated 23 Aug 10. The falsification of the document by the PPM office was to enable his travel voucher to be processed. This required him to acknowledge responsibilities, false travel advance amounts and agreements, as if they were prior to conducting a PPM, when in-fact the PPM had already been completed. Lastly, the government has already admitted to "Significant Injustice caused to him, beyond his control." For the BCMR to not entitle his family to the agreed upon compensation based on the fact that he mitigated his losses, would be unjust and only create disdain toward how he may view the Air Force and how it's treating its people. The applicant’s complete submission, with attachments, is at 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 an error or injustice warranting the relief sought in this application. While it’s apparent the applicant was miscounseled regarding the amount of reimbursement he could expect to receive for a Personally Procured Move, the issue before the Board is whether additional relief beyond that granted, that is remission of the established debt, is warranted. We note that Title 37 prohibits payment of a monetary allowance greater than what the cost would have been to the government. Since the rates he was fully compensated for his move and in reality received a de facto incentive through remission of the debt he incurred for the excess advance he initially received. We believe this constitutes proper and fitting relief. Therefore, we agree with the opinion and recommendation of PPA HQ/CC and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice warranting further action by this Board. 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 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00529 in Executive Session on 16 Nov 11, under the provisions of AFI 36-2603: , Vice Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 Feb 11, w/atchs. Exhibit B. PPA HQ/CC, Letter, dated 18 Apr 11. Exhibit C. SAF/MRBR, Letter, dated 9 May 11. Exhibit D. Letter, Applicant, dated 17 May 11, w/atchs. Vice Chair