RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00392

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be reimbursed for his Personally Procured Move (PPM).

APPLICANT’S CONTENTIONS

On 7 Nov 19, he was notified of an assignment with a Report Not Later Than Date (RNLTD) of 30 Sep 20.  On or about 20 Nov 19, he was notified he would deploy 7 Jan 20 through 7 Aug 20.  Because of this, he placed his household goods (HHG) into storage with Portable on Demand Storage (PODS).  While he was deployed COVID-19 caused his deployment to be extended by approximately 45 days.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a Regular Air Force master sergeant (E-7).

The applicant’s assignment orders, Special Order No AN-136873, dated 27 Aug 20, provides a RNLTD of 30 Sep 20.

The applicant provided temporary duty (TDY) orders with a Proceed On or About date of 7 Jan 20, and a TDY length of 182 days.  The applicant’s certificate for Meritorious Service Medal, First Oak Leaf Cluster, confirms his TDY from 12 Jan 20 to 28 Jul 20.

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

APPLICABLE AUTHORITY

AFI 24-602, Personal Property Moving and Storage, Volume 4.

8.12. Personally Procured Transportation and/or Non-Temporary Storage (NTS) of HHG without Prior Approval. Transportation Officers (TOs) may authorize payment of monetary allowance when an event beyond a member’s control prevents prior approval and issuance of DD Form 2278, Application for Do It Yourself Move and Counseling Checklist. All other requirements of the PPM (i.e., obtained necessary weight tickets or qualified for constructed weight (see paragraph 8.6.2)) are essential. The member must possess a special order or funded housing assignment/termination authorization prior to accomplishing the move to qualify for an allowance (see paragraph 8.4). Reimbursement of actual expenses incurred may be authorized when a member does not obtain weight tickets. 
8.12.1. When a member did not obtain necessary weight tickets, the use of a constructed weight can be authorized and certified by the Personal Property Processing Office (PPPO)/Personal Property Shipping Office (PPSO). When PPSO/PPPO operations are contracted, the Functional Director or Quality Assurance Evaluator (QAE) (government personnel) having oversight of the contracted operations certifies use of a constructed weight. Reimbursement is limited to authorized expenses incurred not to exceed the Government Constructed Cost (GCC) for the constructed weight of HHG transported but not to exceed the member’s weight allowance. Monetary allowance is not authorized for personally procured shipments without weight tickets. 
8.12.2. Extreme circumstances (e.g., evacuation, fire, theft, etc.), which prevents weight tickets from being obtained or provided to the PPSO/PPPO, should be evaluated on a case by case situation and due consideration by the TO should be explored to determine if a monetary allowance is permissible. 

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 no evidence of an error or injustice committed on behalf of the transportation community.  The applicant placed household goods (HHG) in storage with PODS prior to deployment and receipt of PCS orders.  Realizing the COVID-19 pandemic could be an issue; which could complicate moving his HHG after return from deployment, the applicant had his HHG released to his destination.  The applicant was provided tare (empty) and gross (full) weight tickets from PODS, which are required for final settlement and PPM closeout.  Travel and transportation allowances are payable only after valid orders are issued.  Travel or expenses incurred before a travel authorization or order is issued are not reimbursable, unless otherwise stated in the JTR.  In unusual or urgent situations when travel must begin before a written authorization or order can be issued, a verbal authorization may be given.  In such cases, the verbal authorization must be followed up in writing (called a “confirmatory order”) before allowances are paid.  A travel order may only contain authority for travel and transportation allowances provided within the JTR.  If there is any conflict between a travel order and the JTR, the JTR prevails.  The transportation community interprets and applies the allowances within the JTR, and are not the order issuing authority nor the authority to determine if the applicant’s move was urgent or unusual.

A review of the PPM indicates that had the order been issued before the move, his PPM would have been reimbursed in accordance with AFI 24-602.  Because neither the PCS order nor a confirmatory order was issued prior to the start date of the PPM, the transportation community had no choice but to recommend denial of reimbursement.  However, recommend this case be reviewed by competent order issuing authority for their advisement.  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 11 Mar 21 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.  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.  The tight timelines of the back-to-back deployment and assignment was an injustice to the applicant, causing him not to be reimbursed for his PPM.  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 the APPLICANT be corrected to show Special Order Number AN-136873, AF Form 899, Request and Authorization for Permanent Change of Station – Military, Item 28, Date, be amended to reflect 26 Dec 19.

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-2021-00392 in Executive Session on 6 Apr 21:

, 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 14 Jan 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, PPA HQ/PPE, w/atchs, dated 9 Mar 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 11 Mar 21.
Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regarding AFBCMR Docket Number BC-2021-00392, as required by AFI 36-2603, paragraph 4.11.9.