qDEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 6545-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO USN, Ref: (a) Title 10 U.S.C. §1552 (b) JTR (c) DTR Part IV Chapter 402 D.7 Encl: (1) DD Form 149 of 16 Sep 20 (2) Member Data Summary (3) History of Assignments (4) Shipment Manager email of 30 May 19 (5) HHG Descriptive Inventory of 29 May 19 (6) Shipment Information (7) NAVSUP ltr 4600 302/N0W6DM-51 of 3 Aug 20 (8) NAVSUP ltr 5040 Ser N43/070 of 9 Mar 21 (9) Petitioner’s Rebuttal Statement of 6 Apr 21 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to reflect not exceeding the authorized Household Goods (HHG) weight allowance of 18,000 pounds. 2. The Board, reviewed Petitioner’s allegations of error and injustice on 15 April 2021 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of enclosures (1) through (9), relevant portions of Petitioner’s naval records, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. On 1 September 2014, Petitioner appointed to the rank of Captain/O-6. See enclosure (2). b. On 19 April 2019, Petitioner is transferred from and reportedmm effective 10 May 2019. See enclosure (3). c. On 21 May 2019, Petitioner first HHG shipment is picked up from and shipped to . Weight of shipment is 16,860 lbs. See enclosure (4). d. Petitioner overflow shipment is packed with a household goods descriptive inventory of 54 articles signed by contractor, carrier or authorized agent (driver) and owner or authorized agent at origin on 29 May 2019. Appropriate representatives sign the same document at destination on 29 June 2019. See enclosure (5). e. Petitioner’s HHG was shipped via two separate shipments. Main portion was delivered direct on 28 May 2019 with a net weight of 16,860 lbs. The overflow portion was delivered direct on 29 June 2019 with a net weight of 5,470 lbs. See enclosure (6). f. On 3 August 2020, Petitioner was notified his 2019 move from to exceeded his authorized weight allowance of 18,000 pounds by 2,068 pounds, resulting in an excess cost of $3,959.44. A breakdown of cost associate with excess weight shipped was provided. See enclosure (7). g. On 9 March 2021, Naval Supply Systems Command (NAVSUP) provided an unfavorable advisory opinion to enclosure (1). NAVSUP recommended disapproval of relief based on Petitioner’s 2019 move being “comparable in weight to his last three moves”. See enclosure (8). h. On 6 April 2021, Petitioner provided a statement with supplemental information, overflow shipment inventory, HHG Photos, and spreadsheet of estimated weight of overflow shipment inventory in response to NAVSUP’s unfavorable recommendation. See enclosure (9). BOARD CONCLUSION Upon review and consideration of all the evidence of record, and despite the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action. In this regard, the Board determined reference (b), indicates service members are financially responsible for the excess charges due to HHG shipment being over authorized weight allowance of 18,000 pounds. However, reference (c), stipulates the Personal Property Shipping Office must request a reweigh for shipments exceeding a customer’s Joint Travel Regulation weight allowance. The Board concluded that because the required reweigh was not conducted, the accuracyof the shipment’s final determined weight should not be the responsibility of the service member; therefore, the Board felt, under these circumstances, relief is warranted. BOARD RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner’s combined net weight of HHG delivered on 28 May 2019 and 26 June 2019 was 18,000 pounds. 4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 5. The foregoing action of the Board is submitted for your review and action. 7/9/2021 Executive Director Assistant General Counsel (Manpower and Reserve Affairs) Reviewed and Approved Board Recommendation (Grant Relief) 8/17/2021 Assistant General Counsel (M&RA)