RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01165 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He receive compensation for his personally procured move (PPM) from Hawaii to Texas based on the rates he was quoted using the Transportation Operational Personal Property Standard (TOPS) system rather than those authorized by the Defense Personal Property System (DPS). _________________________________________________________________ APPLICANT CONTENDS THAT: He would not have agreed to a PPM that provided no incentive payment and resulted in excess cost. The change from TOPS to DPS significantly reduced rates for PPMs between Hawaii and the CONUS. The Hickam Traffic Management Office (TMO) used the legacy TOPS to provide the compensation estimate instead of DPS, as directed by the AF Personal Property Agency (PPA) HQ Advisory and the new Joint Federal Travel Regulation (JFTR) and AF supplement language. In support of his appeal, the applicant provides personal statements, copies of his receipts, and a letter of support from the commander of his base. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 14 Apr 10, the AF PPA HQ directed use of the new PPM module featured in the 1 Apr 10 release of DPS, effective on 15 Apr 10. This included changes to the JFTR, and execution of the “Best Value” methodology, significantly reducing the rates for PPMs between Hawaii and the CONUS. The Hickam AFB TMO erroneously extended use the legacy TOPS to provide compensation estimates instead of DPS as required by AF PPA HQ. Change 283 to the JFTR required that, effective 1 Apr 10, the Government Constructed Cost (GCC) used in determining the incentive payments in PPMs be based upon “best value” charges versus the “low cost” charges. The applicant’s incentive under DPS was 95 percent of the GCC. PPA HQ sent an advisory to the field requiring all AF PPMs processed in TOPS prior to 15 Apr 10 be closed out in TOPS, and all PPMs processed on 15 Apr 10 or later be processed in DPS. The applicant’s PPM was initiated on 16 Apr 10 via a DD Form 2278, Application for Do-It-Yourself Move and Counseling Checklist. The applicant’s original estimate was calculated under TOPS and resulted in an estimated incentive payment of $20,957.76 and an advance operating allowance of $13,236.48. When the PPM was re-calculated under DPS, the applicant’s incentive payment was reduced to $12,191.79. Since he had already received an operating allowance of $13,236.48, he received a bill for $1,044.69, the difference between the authorized incentive payment (less tax withholding), and the operating allowance previously received. The applicant applied for remission of the debt and the application was approved. The evidence of record indicates the applicant incurred $14,738.15 in actual expenses related to his move. _________________________________________________________________ AIR FORCE EVALUATION: PPA HQ/DD recommends that partial relief be granted, indicating the applicant should be reimbursed for his out-of-pocket expenses of $2,546.36 arising from the failure of the Hickam AFB TMF failure to timely implement changes requiring that Government Constructed Cost (GCC) used in determining incentive payments in PPMs be based upon “best value” charges, rather than “low cost” charges. As a result, the applicant incurred a debt to the government and out-of-pocket expenses in excess of his adjusted operating cost. While the debt to the government was eventually remitted, he still had a remaining out-of-pocket expense of $2,546.36. As for the applicant’s request for full compensation of his GCC ($20,957.76) based on the TOPS calculation, Federal law explicitly prohibits the Department from paying any member under this program more that it would have cost the Government to ship their HHG. At the time the applicant’s shipment was processed, the GCC was based upon the “best value” rates reflected in DPS. DD’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 29 Jul 11 for review and comment within 30 days. As of this date, no response has been received by this office. _________________________________________________________________ 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 error or injustice warranting corrective action. We took notice of the applicant’s complete submission in judging the merits of the case and agree with the determination of the Air Force office of primary responsibility the applicant should be reimbursed for his out-of-pocket expenses related to his personally procured move (PPM). While it is regrettable the applicant did not receive the incentive payment expected, we believe the appropriate relief is to reimburse the applicant for his out-of-pocket expenses. The Board has reviewed a number of these cases and notes this recommended relief is consistent with relief grated by the Board to others similarly situated. That is, while an error was made, the Board does not believe it to be in the interest of justice to correct a record contrary to provisions of law. We note the Air Force remitted the debts in cases where the member received an advance greater than that authorized, providing those members a de facto incentive when their expenses were less than this amount. While the applicant’s circumstance appears different in that he had expenses greater than his advance, we believe the only relief that should be granted by the Board is to compensate him for his out of pocket expenses. In reviewing the advisory from PPA HQ/DD, it appears their computation of the applicant’s out of pocket expenses may be incorrect. We believe the applicant should be compensated for the total amount of expenses he incurred, listed as $14,738.15 in the advisory, minus the total compensation he received, $13,236.48. Therefore, we recommend the applicant’s records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that under competent authority, government procured transportation was not available and, in accordance with Joint Federal Travel Regulations (JFTR), Volume 1, paragraph U5320-D.1, he was authorized reimbursement for expenses incurred in the amount of $1,501.67. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01165 in Executive Session on 14 November 2011, under the provisions of AFI 36-2603: Vice Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Mar 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, PPA HQ/DD, dated 20 Jul 11. Exhibit D. Letter, SAF/MRBR, dated 29 Jul 11. Vice Chair AFBCMR BC-2011-01165 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to Applicant, be corrected to show that under competent authority, government procured transportation was not available and, in accordance with Joint Federal Travel Regulations (JFTR), Volume 1, paragraph U5320-D.1, he was authorized reimbursement for expenses incurred in the amount of $ 1,501.67. Director Air Force Review Boards Agency