MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 May 1999 
	DOCKET NUMBER:   AR1998012542

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Hubert O. Fry, Jr.,		Member	
	Ms. Margaret V. Thompson		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Remission or cancellation of his $3,918.30 debt allegedly incurred as a result of his household goods (HHG) move in conjunction with his retirement.

APPLICANT STATES:  His HHG move was unusual in that it involved moving his HHG in a DeHaviland Otter float plane to a remote part of backcountry Alaska.  The movers commented several times about the additional packaging and individual crating that was required for the move.  He also suspects that ramp materials needed to bridge the gap between the float plane and shore were weighed and factored into the shipment.  He was not notified of this debt until April 1997, 3 years after the move.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army on 11 June 1974.  On 1 July 1994, while assigned to Fort Richardson, AK, he retired in pay grade E-8 after 20 years of active Federal service.

The applicant’s HHG, a final total of 19,360 pounds, were shipped to Trail Lake, AK.

In April 1997, the Defense Finance and Accounting Service (DFAS) notified the applicant he owed two debts.  One of the debts was $3,918.30 due to shipment of HHG.

The Joint Federal Travel Regulation, Volume 1, states that the current HHG weight allowance for an E-8 with dependents is 13,000 pounds.

In the processing of this case, an advisory opinion was obtained from the Transportation Policy Division, Office of the Deputy Chief of Staff for Logistics.  That office reviewed their shipment file on the move and determined that during the pre-move survey, the applicant was advised that his HHG would probably exceed his authorized weight allowance.  After the HHG were picked up and weighed, the shipping office advised him that his shipment was overweight and that he would be billed for the excess weight.  The reweigh confirmed the overweight but at a lower amount than the original weight.  DFAS used the lowest net weight in its calculation for excess costs.  The Division’s review found the excess costs to be correct.

A copy of this opinion was provided to the applicant for comment/rebuttal.  He did not respond within the given time frame.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The evidence of record shows the applicant shipped approximately 6,000 pounds of HHG in excess of his authorized weight allowance.  He was made aware of this prior to shipment and was told he would be billed for the excess weight.  The Board concludes this is a legitimate debt and remission or cancellation would not be appropriate.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__emw___  __hof___  __mvt___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012542	
SUFFIX		
RECON		
DATE BOARDED	19990520	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.10	
2.		
3.		
4.		
5.		
6.