Docket No. 8195-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , USN, XXX-XX- Ref: (a) Title 10 U.S.C. § 1552 (b) Joint Travel Regulations Encl: (1) DD Form 149 w/attachments (2) Subject’s naval record 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 show Petitioner was reimbursed for his personally procured move (PPM) based on his estimate of Household Goods (HHG) given the lack of weight tickets. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 2 March 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 the enclosures, relevant portions of Petitioner’s naval record, 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, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. In accordance with reference (b), Determining Weight. The weight of HHG transported is normally established with certified weight certificates from a public weigh master or Government scales. The public weigh master is the person who issues the weight certificates. The net weight, or the Service member’s authorized weight allowance, whichever is less, is used to determine the Government’s constructed cost. Using a constructed weight of 7 pounds per cubic foot may be authorized or approved through the Secretarial Process when weight certificates are not available due to one of the following reasons: A public scale or Government scale was not available, and the HHG was moved commercially and the carrier or contractor was paid for the move on a basis other than weight. When the carrier or contractor constructs the weight, the carrier or contractor may be requested to substantiate the reasonableness of the constructed weight. If the constructed weight is unreasonable, the Service may base reimbursement on a reasonable weight. Final settlement for reimbursement of personally procured transportation, regardless of the transportation method, is based on the GCC of the actual weight moved, limited to the authorized PCS weight allowance. Submit certified weight certificates or an acceptable constructed HHG weight with the claim for reimbursement. c. On 16 January 2019, Petitioner was issued official modification to change duty orders (BUPERS order: 1908 (01)) with a detaching activity from departing January 2019, with an ultimate activity of arriving in November 2019. d. On 16 June 2020, Petitioner’s application for do it yourself move and counseling checklist stated that DITY move was authorized from to Petitioner also agreed to “furnish two weight tickets within 45 days from the start of this move. If I fail to do so, I voluntarily consent to collection of all government costs of this move from my pay. l also voluntarily consent to collection of any unearned advance operating allowance up to a maximum of $6816.7 from my pay.” Petitioner signed on 25 August 2020. e. On 6 July 2020, PODS container 1 was delivered to the customer; it was returned on 28 July 2020. On 9 July 2020, PODS container 2 was delivered to the customer; it was returned on an unknown date. On 13 July 2020, PODS container 3 was delivered to the customer; it was returned on an unknown date. f. PODS notified Petitioner that the weight of an empty 16 foot container is 2,000lbs and the maximum weight allowed in a 16 foot container is 4,200lbs. The weight of an empty 7 foot container is 1,300lbs and the maximum weight allowed is 5,200lbs.You utilized two 16 foot containers and one 7 foot container for your move. The average weight of a full weight ticket with the truck, container and contents is 26,000lbs. The average weight of an empty weight ticket with the truck and container is 21,800 lbs. g. On 25 August 2020, Petitioner completed a Personally-procured move (PPM) checklist and expense certification claiming contracted expenses total $10,166.14. h. On 27 October 2020, Petitioner completed an inventory of household goods, and utilized weight estimator at move.mil to determine the weight of his shipment for a total of 12,111 lbs. i. On 2 November 2020, informed Petitioner that “she tried to re-audit his claim using the inventory sheet provided and the system would not allow her to liquidate the advance. She asked their Q/A Specialist to look over it and his claim was rejected because the statements and the weight tickets provided in the claim.” j. On 23 February 2021, stated that “the member provide weight tickets for the 2nd container but stated weight tickets was incorrect. I asked the member to provide inventory sheets for the items in the 2nd container. I was told I could not use the household goods inventory sheets and to use the weight tickets in the claim. The statement from PODS only provided the maximum weight allowed not the actual weight. Our office cannot process a claim based on an estimate. wants us to process the 4200 lbs. for the 2nd container and I’m not authorized to do that. I was told to tell the member to file a claim with BCNR for a decision. I attached a copy of the statement from the member and the letter from PODS to this email.” CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action. The Board concluded that Petitioner should have been briefed that using a constructed weight of 7 pounds per cubic foot may be authorized or approved through the Secretarial Process when weight certificates are not available. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner requested pre-approval to use constructive weight, and was approved by cognizant authority effective the date Petitioner received official modification to change duty orders. Note: Petitioner is advised to resubmit his personally procured move (PPM) claim, orders, receipts, and a copy of this Board of Correction of Naval Records (BCNR) decision letter to the Household Good Audit Team (HHG-AT) for re-adjudication. Furthermore, Settlement of claim is chargeable to the line of accounting on the Petitioner’s official change duty orders (BUPERS order: 1908). A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 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. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy.