RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03134

XXXX X. XXXX	COUNSEL: NONE

 	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He receive Actual Cost Reimbursement (ACR) for his Permanent Change of Station (PCS) move from XXXX to XXXX.

APPLICANT’S CONTENTIONS

He was not counseled properly on his household goods (HHG) move according to AFI 24-602 V4, Personal Property Moving and Storage, paragraph 8.2.1 and 8.2.1.1.  His local Traffic Management Office (TMO) told him they would not be able to facilitate his move due to under-staffing, PCS season, and COVID-19.  He was directed to do a do it yourself move.  He completed his PCS and was not reimbursed the total amount he spent to complete the move.  XXXX Finance told him that he needed to get an ACR letter from XXXX TMO in order to be fully paid.  XXXX TMO directed the issue to the Joint Personal Property Shipping Office – North Central (JPPSO-NC).  JPPSO-NC agreed he was not counseled properly and their office did not have a chance to route/award the shipment.  

In support of his application, the applicant provided: HHG/PPM Self-Counseling Steps, Email correspondence, DD Form 2278, Application for Do It Yourself Move and Counseling Checklist, and receipts.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force staff sergeant (E-5).

On 21 Jun 21, Special Order Number XXXX, authorized the applicant to PCS to XXXX with a report not later than date (RNLTD) of 30 Sep 21.

On 9 Jul 21, Order Number XXXX, amended Special Order Number XXXX to update the RNLTD to 31 Aug 21 as directed by AFPC.

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/LHE recommends granting the application.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an injustice.  The applicant was not properly counseled; which did not afford the applicant an opportunity to request a letter of non-availability prior to making the move.

Joint Travel Regulations (JTR), paragraph 051502-B states: “When the Service member personally arranges HHG transportation or NTS because either a Transportation Office is not available or a Transportation Officer instructs the Service member in writing to arrange transportation or storage at personal expense, reimbursement is authorized as follows:

	1. The actual cost of shipment up to 100% of the maximum allowable weight allowance,
not including special routing and services… .

	2. The cost of a direct hire or rental cost of transportation, with or without an operator, not including special routing and services... .”

AFI 24-602 V4, dated 15 Oct 20, paragraph 8.2.1.1 advises: 
“A member who is directed in writing by (J)PPSO to personally procure transportation, and/or NTS of HHG because (J)PPSO is unable to procure government contractual services (GBL, DPM, etc.) is authorized reimbursement of actual costs for shipment and storage up to the member’s maximum authorized HHG weight allowance.  The (J)PPSO has authority to issue a letter of non-availability to the member regardless of the member’s service affiliation.”  

JPPSO-NC stated all indications were that the applicant was not counseled properly and this office (JPPSO-NC) was not provided the opportunity to route/reward this shipment to justify issuance of a non-availability letter.

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 25 Oct 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.  The Board concurs with the rationale and recommendation of PPA HQ LHE and finds a preponderance of the evidence substantiates the applicant’s contentions.  The applicant was not properly counseled; which did not afford the applicant an opportunity to request a letter of non-availability prior to making the move.  Therefore, the Board recommends correcting the applicant’s records 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 that:

	a.  He was advised to personally procure transportation of his household goods (HHG) and received a letter of non-availability as outlined in AFI 24-602 V4, paragraph 8.2.1.1 and JTR, paragraph 051502-B.  

	b.  The Government Constructive Cost (GCC) for 2,450 pounds from XXXX to XXXX is $2,617.20, which is 100% of the GCC that was allowed to be paid under Joint Travel Regulations (JTR), paragraph 051502-C. 

	c.  The difference between the GCC $2,617.20 and actual cost paid of $3,504.85 is to be paid in the amount of $887.65.

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-2021-03134 in Executive Session on 8 Feb 22:

, 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 4 Oct 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, PPA HQ LHE, atchs, dated 25 Oct 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 26 Oct 21.

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.