IN THE CASE OF: BOARD DATE: 14 September 2020 DOCKET NUMBER: AR20200000326 APPLICANT REQUESTS: an exception to policy concerning Household Goods (HHG) excess weight allowances. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Bill of Lading dated 20 January 2012 * Bill of Lading dated 12 May 2014 * U.S. Government Bill of Lading dated 26 May 2015 * Organizational Clothing and Individual Equipment (OCIE) Record dated 4 April 2019 * Pictures FACTS: 1. The applicant states that his Professional Books, Papers and Equipment (PBP&E) was weighed and recorded to be 63 pounds during his most recent HHG shipment. Upon completion of this move, he was informed that his shipment exceeded his authorized weight allowance by 700 pounds and was therefore charged $1401. He contests that several items were possibly recorded as other than PBP&E resulting in their weight being estimated as low. As a point of reference he offers that his most recent PBP&E weighed 596 pounds. This was an overseas move so there was no Personally Procured Move (PPM) items involved in the shipment. As such it is reasonable to assume that he would maintain and or possibly increase that amount of equipment with continued military service and at least that amount (596 pounds) would have been previously shipped. He adds that after receiving notification of exceeding the weight allowance he requested that the items be reweighed. He has sought the assistance of various government agencies and commercial carriers but has been unsuccessful in remedying the situation. During the weight process estimation he utilized the provided calculation method of 7 pounds per cubic foot. 2. A review of the applicant’s available service records reflects the following: a. On 23 April 2005 he was appointed an officer in the Regular Army. b. On 16 July 2008 (Order# 198-027) he was promoted to the rank of Captain (CPT) / O-3 effective 1 August 2008. c. On 25 March 2014 (Order# 84-503) he was reassigned as a CPT from Hunter Army Airfield (HAAF), Fort Stewart, Georgia to Fort Leavenworth, Kansas effective 11 July 2014. d. On 13 November 2014 (Order# 317-019) he was promoted to the rank of Major (MAJ) / O-4 effective 1 December 2014. e. On 21 April 2015 (Order# 111-358) he was reassigned as a MAJ from Fort Leavenworth, Kansas to Schofield Barracks, Hawaii on a 36 month accompanied tour (spouse and child authorized) with a reporting date of 31 August 2015. He was also authorized to ship his OCIE as PBP&E. f. On 11 January 2018 (Order# C1-011-002) he was reassigned from Schofield Barracks, Hawaii to Fort Lee, Virginia with a reporting date of 21 May 2018. 3. The applicant provides the following: a. Bill of Lading dated 20 January 2012 reflective of documentation associated with his shipment of HHG from Fort Campbell, Kentucky to Fort Stewart, Georgia. His total net weight = 16,360 pounds of which 1020 pounds was considered PBP&E. Item #34 indicates “excess weight.” b. Bill of Lading dated 12 May 2014 reflective of documentation associated with his shipment of HHG from Fort Stewart, Georgia to Fort Leavenworth, Kansas. His total net weight = 17,840 pounds of which 2536 pounds was considered PBP&E. Item #34 indicates “excess weight.” c. U.S. Government Bill of Lading dated 26 May 2015 reflective of documentation associated with his shipment of HHG from Fort Leavenworth, Kansas to Schofield Barracks, Hawaii. His total net weight = 16,300 pounds of which 595 pounds was considered PBP&E. d. Organizational Clothing and Individual Equipment (OCIE) Record dated 4 April 2019 reflective of the applicants issued professional equipment totaling $5,926.51. e. Pictures of items to be considered as professional gear and or equipment. 4. The applicant did not provide nor does a review of his available military records reflect communication with the Defense Finance and Accounting Services (DFAS) concerning a possible debt or documentation provided by the Transportation Management Office (TMO) regarding the details associated with exceeding the authorized weight allowance. 5. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant’s request for an exception to policy concerning Household Goods (HHG) excess weight allowances. There is insufficient evidence of error or injustice regarding the applicant’s HHG shipment and charges. 2. While the applicant’s bill of lading dated 12 May 2014 indicates that the applicant shipped 2,536 pounds of PBP&E from Ft. Stewart, GA to Ft. Leavenworth, KS and the bill of lading dated 16 May 2014 indicates that the applicant’s PBP&E had reduced to 595 pounds, there is insufficient evidence that the weight was in error. Per regulation, PBP&E must be declared at the origin of the shipment, and must be documented (to include certification or approval) according to Agency or Service transportation procedures. The record is void of and the applicant did not provide a complete inventory or evidence showing that the weight of the contested PBP&E was erroneous. Neither did he provide documentation that he contested the weight at the origin of shipment. 3. Regulation stipulates that the PBP&E maximum weight allowed is limited to 2,000 pounds net weight. This limit was effective May 2014, and cannot be waived or increased except when returning from Overseas or moving from overseas to overseas locations. Furthermore, PBP&E over 2,000 pounds must have been originally shipped at Government expense to the location OCONUS. The Service member may ship the same amount of PBP&E that was originally shipped OCONUS. There is insufficient evidence that the applicant’s case meets either of these conditions for exception to policy. 4. Therefore the Board found no basis on which to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Joint Federal Travel Regulation (JFTR) Uniformed Service Personnel provides that a Service member can move his or her HHG in as many lots as desired from one or more locations. However, the Government’s obligation, and maximum payment, is what the cost would be to transport the Service member’s maximum weight allowance between authorized locations in one lot at the Government’s “Best Value” cost. a. Service member is authorized PBP&E when he or she certifies that the PBP&E are necessary for official duty at the next PDS. The next PDS includes the home of record (HOR) or home of selection (HOS) upon leaving the Service. PBP&E must be declared at the origin of the shipment, and must be documented (to include certification or approval) according to Agency or Service transportation procedures. The weight of PBP&E is not included in the maximum authorized HHG weight allowance. The PBP&E maximum weight allowed is limited to 2,000 pounds net weight. This limit was effective May 2014, and cannot be waived or increased except as specified below: i. A Service member may exceed the 2,000 pound weight limit when returning from Outside the Continental United States (OCONUS) or executing a Consecutive Overseas Tour (COT) if orders OCONUS were issued before May 1, 2014. ii. PBP&E over 2,000 pounds must have been originally shipped at Government expense to the location OCONUS. The Service member may ship the same amount of PBP&E that was originally shipped OCONUS. b. The Government may pay the total transportation cost and other applicable charges for any weight that exceeds the weight allowance. The Government must collect the excess costs from the Service member. When it is known or suspected that a Service member will exceed the maximum weight allowance before transportation, the Transportation Officer should notify the Service member and the office paying for the transportation. The Service member is financially responsible for the excess weight charges even if the Transportation Officer did not notify the Service member or the Authorized Official (AO) providing transportation funds of the known or suspected excess weight status before transportation. c. The weight allowance for a CPT with dependents is 14,500 pounds and 13,000 pounds without dependents and a MAJ with dependents is 17,000 pounds and 14,000 pounds without dependents. d. A Service member may request an exception to the administrative weight limitation through the Secretarial Process when the weight listed at Administrative HHG Weight Allowance Locations for the location is insufficient. The combined weights of the HHG shipped and those in Non Temporary Storage (NTS) cannot exceed the Service member’s weight allowance. Exceptions may be granted if the service determines that circumstances exist that would cause undue hardship if the administrative weight limit was enforced. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000326 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1