RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03079 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be compensated for his personally procured move (PPM) as briefed to him by the Hickam Traffic Management Office (TMO), or in the alternative cover the actual cost of the PPM. _________________________________________________________________ APPLICANT CONTENDS THAT: 1. The TMO incorrectly used “low cost” rates to counsel him on his PPM application rather than the newly implemented “best value” rates. As such, the counselor incorrectly estimated the amount of compensation he would receive for a Do-it-Yourself (DITY) move. 2. He would not have agreed to a PPM that would have provided no incentive and resulted in excess costs. 3. The decision to accomplish a PPM was based on the TMO’s briefed rates of $174.38, which would have resulted in a cost of $13,950.40 and an incentive of $8,370.24. Instead, the change to “best value” rates resulted in a government computed rate of $96.24 with a total cost of $13,407.64. Had he been compensated at the originally agreed upon rate, he would have been able to cover the actual cost of the move and make a small profit of $1,501.85. 4. He was only compensated $8,370.24, which did not cover the total move cost of $13,407.64. Therefore, he incurred a substantial debt of $5,037.40, due to the mistake. 5. Should the Board decide only to compensate him for the actual move cost, then he requests the Board add an additional monthly interest rate of 8.25 percent (the amount his credit card company is charging him) beginning June 2010 to 3 March 2011 (the date his initial AFBCMR request was closed based on a Waiver/Remission of Indebtedness Application that was filed). In support of his request, the applicant provides a letter from the Commander, and other forms associated with his move. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of technical sergeant. On 4 June 2010, pursuant to a permanent change of station (PCS) move from Hickam AFB, HI to Shaw AFB, SC, the applicant was counseled on PPMs. The applicant completed a DD Form 2278, Application for Do-it-Yourself Move and Counseling Checklist, and was quoted an estimated incentive payment of $13,950.40 to personally procure his move. Based on that amount, the applicant was given an advance payment of $8,370.24. The applicant personally arranged to have his HHG transported at a cost of $13,407.64. Under the Defense Personal Property System (DPS), the total incentive payment authorized was $8,228.52. Since the applicant received an advanced allowance of $8,370.24, he owed the government $141.72. The applicant applied for a remission of the debt, and it was approved by the Air Force. Effective 1 Apr 10, change 283, to the Joint Federal Travel Regulation (JFTR), required that Government Constructed Cost (GCC) used to determine the incentive payments in PPMs be based on “best value” charges, versus the “low cost” charges. _________________________________________________________________ AIR FORCE EVALUATION: PPA HQ/ECAF recommends denial. The JFTR requires a member’s incentive be based upon 95 percent of the GCC, and at the time the applicant’s shipment was processed, the GCC was based upon the “best value” rates reflected in DPS. ECAF recommends the applicant be reimbursed for any funds personally expended in excess of the authorized GCC. Documentation in the case file indicates the applicant paid a total of $13,407.64 for the shipment of his household goods (HHGs). He received a total of $8,370.24 for the PPM, resulting in an out of pocket expense of $5,037.40. The complete ECAF evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 10 Nov 11 for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. _________________________________________________________________ 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 an injustice. Although it does appear the applicant was miscounseled regarding the amount of reimbursement he could expect to receive for a PPM, we are not inclined to grant him full relief. However, we do believe partial relief is warranted in this case, and recommend the applicant be reimbursed for his actual expenses incurred. We note the applicant received partial relief through the remission process; however as PPA HQ/ECAF pointed out there still is a net loss of $5,037.40. ECAF is recommending the applicant’s alternative request be approved and he be reimbursed for his out of pocket expenses totaling $5,037.40, and we agree and believe this constitutes proper and fitting relief. We also note the applicant requests the Board add an additional monthly interest rate of 8.25 percent, to cover the amount his credit card company charged him during the period June 2010 to 3 March 2011. However, the Air Force has no authority to pay expenses of any kind incurred by or on behalf of an applicant in connection with a correction of military records under 10 U.S.C. §1034 or §1552. Therefore, we accept the opinion and recommendation of ECAF and adopt its rationale as the basis for our recommendation to correct the applicant’s records as indicated below. _______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that under competent authority, government procured transportation was not available and in accordance with Joint Federal Travel Regulation (JFTR), Volume 1, paragraph U5320-D.1, he is authorized reimbursement for actual expenses incurred. The expenses incurred were $13,407.64; the advance operating allowance received was $8,370.24; resulting in an out of pocket expense of $5,037.40 due the member. _______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03079 in Executive Session on 13 March 2012, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 9 August 2011, w/atchs Exhibit B. Applicant's Master Personnel Records. Exhibit C. PPA HQ/ECAF, Letter, dated 20 October 2011. Exhibit D. SAF/MRBR, Letter, dated 10 November 2011.