RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04972

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  His Permanent Change of Station (PCS) orders from Japan to Great Britain be amended to reflect he was authorized shipment of his privately owned vehicle (POV). 

2.  He be reimbursed for costs associated with the shipment of his POV, in the amount of $3,776.16.

APPLICANT’S CONTENTIONS

He was initially briefed that he was authorized to ship his POV through government channels per The Joint Travel Regulations (JTR).  Therefore, he made arrangements and personally procured shipment of his POV.  An error occurred and he should have been allowed to ship his POV from Japan to Great Britain  at government expense.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving technical sergeant (E-6).

Air Force Form 899, Request and Authorization for Permanent Change of Station – Military, [Special Order AM-053077], dated 22 February 2019, indicates the applicant had a PCS assignment from Japan to Great Britain. 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

PPA HQ/PPE recommends granting the application.  Prior to the JTR re-write, paragraph 5380-B1 stated if a member is authorized to store a POV and did not use entitlement to store at the government’s expense, the member was allowed to ship a POV from that OCONUS Permanent Duty Station (PDS) to where the  POV shipment was restricted/prohibited.  The wording of the JTR re-write indicated if a Service member is authorized POV storage they are not authorized POV shipment from his or her foreign location  when he or she performs a subsequent PCS.  This paragraph simply states even though a member does not utilize the POV storage allowance it does not create a POV shipping allowance from the OCONUS PDS when new orders are issued for relocation.

The JTR limits reimbursement to $2,122.61 as outlined in the Military Surface Deployment and Distribution Command Stabilized Billing Rates.   Since the applicant self-procured transportation of his POV he was potentially subjected to additional fees in the amount of $476.26, which the board could consider for additional reimbursement.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 9 December 2019 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of PPA HQ/PPE and finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, the applicant has provided electronic communiqué showing he was miscounseled regarding his entitlement to ship his POV, which is sufficient to justify granting the applicant’s request to amend his PCS orders to authorize shipment of his POV.  Regarding the applicant’s request for reimbursement in the amount of $3,776.16, the Board notes that the authority according to the JTR limits reimbursement to the government at a cost of $2,122.61.  However, since the applicant also self-procured transportation of his POV he was potentially subjected him to additional fees in the amount of $476.26.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

	a. Competent authority authorized shipment of his privately owned vehicle (POV) and Special Order AM-053077, dated 22 February 2019, be amended to indicate that POV shipment was authorized.

 	b. He be reimbursed in the amount of $2,598.87 for the cost of personally procuring shipment for his POV.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-04972 in Executive Session on 19 March 2020:

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 20 November 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, PPA HQ/PPE, w/atchs, dated 6 December 2019.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 9 December 2019.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.