RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00289

xxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He be reimbursed for shipment of his privately owned vehicle (POV).

APPLICANT’S CONTENTIONS

His Permanent Change of Station (PCS) orders explicitly state that vehicle storage is authorized.  He further states, he should not be responsible for expenses that the Air Force authorized, ordered and issued.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving lieutenant colonel (0-5).

AF Form 899, Request and Authorization for Permanent Change of Station – Military, Special Order xxx, dated 26 February 2020, provided by the applicant, authorized the applicant POV storage at government expense.  

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 denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence that the order issuing authority erroneously included a statement on the applicant’s order.  It is evident the Authorizing Official (AO) and order issuing personnel provided an allowance that was not authorized based on the rank and assignment to xxx.  Because the AO and order-issuing official was in error in stating an entitlement on the orders does not justify creating an allowance and/or entitlement. Additionally, the error on the orders does not bound the transportation community to provide an allowance that is not legal.  The JTR entitlements are promulgated by Title 37 and have the same force and effect as Public Law.  As a result, the transportation community has no authority to make an exception or waiver to a JTR provision.  

The applicant’s Special Order xxx was published 26 February 2020, authorizing storage of his POV during his assignment to xxx.  However, Personal Property Consignment Instruction Guide (PPCIG) OCONUS for xxx states that Air Force active duty personnel are authorized shipment of one POV for person(s) on an accompanied tour and E-7, GS-5 and above who are on an unaccompanied tour in xxx.  Joint Travel Regulations (JTR), paragraph 0532 further advises POV storage when transportation is authorized is not allowed.

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 5 April 2021 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 injustice.  While the Board notes the recommendation of PPA HQ/PPE against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  While we note, the Personal Property Consignment Instruction Guide (PPCIG) authorizes shipment of one privately owned vehicle (POV) for Air Force personnel E-7, GS-5 and above who are on an unaccompanied tour in xxx; the issuing authority erroneously included a statement that reflected POV storage was authorized.  The erroneous action resulted in an injustice against the applicant by not allowing him to recoup funds expended for an unauthorized entitlement.  The applicant requests, he be reimbursed for the actual storage costs of his POV; however, JTR paragraph 0532 authorizes reimbursement for the actual storage cost, not to exceed the Government constructed cost for the POV storage.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.  

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show he be reimbursed $1,263.35 for shipment of his POV.
 
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-2021-00289 in Executive Session on 28 April 2021:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 9 December 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, PPA HQ PPE, w/atchs, dated 2 March 2021.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 5 April 2021.

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.