RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02107 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The indebtedness he received for exceeding the weight limits in the shipping of his household goods (HHG) be removed. _________________________________________________________________ APPLICANT CONTENDS THAT: He incurred a debt for a permanent change of station (PCS) move due to being poorly briefed by the Transportation Management Office (TMO) and the Joint Personnel Property Shipping Office (JPPSO). He had two consecutive PCS moves in November 2005 and May 2008. He was overweight for both moves, but was not notified of the overage until December 2008 for the 2005 PCS and August 2010 for the 2008 PCS. He requested remission for both debts, but was only approved for remission of the debt related to the 2005 PCS. Both debts stemmed from the same TMP/JPPSO error and the two plus year delay in notification of indebtedness denied him due process or the opportunity to request a reweigh. He believes if he had been notified in a timely manner on the first overweight PCS move, he would have paid the bill and had a reasonable opportunity to lighten his load for future moves. In support of his appeal, the applicant provides a copy of DD Form 2789, Waiver/Remission of Indebtedness Application, a copy of a Memorandum for SAF/MRB and AFFSC/Remission, and a copy of a memorandum for HQ USAFA/CC. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the rank of Lieutenant General (O-9). The applicant was reassigned from Keesler AFB, MS to Scott AFB, IL per Special Order AB-050725. On 15 July 2008, the 37th Logistics Readiness Squadron TMO noticed the applicant’s HHG shipment may have exceeded the weight allowance and notified the applicant that excess cost may occur. The applicant questioned the TMO regarding exceeding his weight allowance since his previous PCS shipment was not in excess of the allowance, as he had not received a notification of excess cost for the move. A query was forwarded to PPA HQ/ECAF for determination if the applicant’s previous PCS move was in excess. PPA HQ/ECAF advised that the Defense Finance and Accounting Services (DFAS) did not identify any excess cost for the applicant’s PCS move to Keesler AFB; however, the documentation reflected the weight of the shipment exceeded the applicant’s authorized weight allowance. After retrieving shipment and payment documentation, PPA HQ/ECAF initiated a DD Form 139, Pay Adjustment Authorization, for $3,860.56, which was forwarded to the Financial Services Office (FSO) for collection. The applicant submitted a request for remission of the $3,860.56 debt and, on 15 Jun 09, AFSSC approved the applicant’s request. On 2 Sep 10, after reviewing all documentation regarding the HHGs shipment to Scott AFB, PPA HQ/ECAF initiated a DD Form 139 for the excess shipping weight cost of $2,676.54 and forwarded it to the FSO for collection. The applicant submitted a remission request for the $2,676.54 debt and, on 18 Mar 11, the Secretary of the Air Force disapproved the applicant’s request. _________________________________________________________________ AIR FORCE EVALUATION: PPA HQ/CC recommends denial noting that while the delay in notification of the debt was unfortunate, it does not negate the applicant’s responsibility of reimbursing the Government for the overage cost for the shipment of his HHGs. The Joint Federal Travel Regulation (JFTR) indicates the Government’s HHG transportation obligation is limited to the cost of transporting the member’s maximum allowable HHG weight allowance in one lot between authorized places. It indicates the member is financially responsible for all transportation costs as a result of exceeding the authorized weight allowance and provides that the Government may pay the total charges applicable to any excess weight and collect reimbursement from the member. Further, there is no statute of limitations on debts of this nature. The applicant was informed that he may have exceeded his HHGs weight allowance and could have requested the shipment be reweighed at that time. Although, there is no evidence he was briefed regarding the option to have the shipment reweighed, the applicant has not provided any justification to substantiate his request for relief of the debt. The complete PPA HQ/CC evaluation is Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 December 2011 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C). _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we are persuaded the failure to timely notify the applicant that he had exceeded his authorized weight allowance on his 2005 HHGs shipment compromised his opportunity to make adjustments before his next move in 2008. We note the debt incurred by the applicant for his 2005 move was remitted. In our view, the justification for remitting the debt for the excess shipment in 2005 should also apply to the 2008 shipment. Additionally, we note that although the Air Force office of primary responsibility indicates the applicant could have requested a reweigh of his HHGs, they cannot confirm the applicant was properly briefed on this option. Therefore, in the interest of equity and justice, we recommend his records be corrected to the extent indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to show that on 22 Sep 10, he applied for remission of the indebtedness he incurred in the amount of $2,676.54 as a result of the shipment of excess weight of household goods and his application was approved by competent authority. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02107 in Executive Session on 16 Feb 12 under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-02107 was considered: Exhibit A. DD Form 149, dated 26 May 11, w/atchs. Exhibit B. Letter, PPA HQ/CC, dated 28 Nov 11. Exhibit C. Letter, SAF/MRBR, dated 9 Dec 11.