MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 July 2002                  
	DOCKET NUMBER:   AR2002067601

	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. Carl W. S. Chun		Director	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Kenneth W. Lapin		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 of a $6,082.64 debt for two household goods (HHG) shipments in excess of the allowable weight. 

APPLICANT STATES:  In effect, that no one even suggested that his June 1999 HHG shipment might be over the weight allowance until it was all packed and there was no time to do anything about it.  He has four children, three teenage daughters (one in college) and a 10-year-old son.  They are living in a high cost area and he is near retirement.  Having to repay this money will be a severe financial hardship.  He submits letters of support from his chain of command.

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

The applicant, a staff sergeant with approximately 12 1/2 years of continuous active duty (in June 1999), had undergone at least three previous permanent change of station (PCS) household moves prior to the relocation of his family to Belgium in June 1996.

Available records show that, in April 2000, the applicant was informed of a $12,165.28 indebtedness for overweight HHG shipments.  $1,768.13 of this resulted from his PCS move to Belgium in June 1996 and $10,397.15 of it was from his PCS move from Belgium to Fort Carson, Colorado in June 1999.  

With command support, the applicant applied for remission or cancellation of the debt.  The Total Army Personnel Command, Special Actions Branch determined that half the amount, $6,082.64, should be remitted or cancelled “on a basis of injustice or hardship.”  The applicant was advised to apply to this Board if he felt that an injustice had occurred.

Joint Federal Travel Regulations, chapter 5 provides the guidance for PCS travel including the weight limits and applicable rules for the shipment of HHG.  

Paragraph U2010 of those regulations provides that "a member is expected to exercise the same care and regard for expenses incurred as a prudent person would person when traveling at personal expense."

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

1.  The applicant had undergone previous PCS moves, therefore the general rules and regulations applicable to the process were not new to him.  He had a regulatory and a personal financial obligation to pay attention to his weight limit and to the weight of his HHG shipment when he moved his family to Belgium.  Therefore, even if he was not notified of the amount due for that first overweight shipment, he knew or should have known. that if they acquired any additional HHG, the return shipment would be even more over allowance.  

2.  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 this requirement.

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

_RVO___  __RTD___  __KWL _  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002067601	
SUFFIX		
RECON		
DATE BOARDED	20020725	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.10	
2.		
3.		
4.		
5.		
6.