DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1510-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. §1552 Encl: (1) DD Form 149 w/attachrnents (2) DD Form 214 of 31 Mar 13 (3) View Shipment Information (4) NAVSUP (N431) notes (5) Advisory Opinion by NAVSUP ltr 5040 Ser N43/012 of 16 Apr 2019 1. Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show a reweigh was conducted and was within weight limits. 2. The Board, reviewed Petitioner's allegations of error and injustice on June 14, 2019 and, pursuant to its regulations, determined that the corrective action indicated be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner' s naval record, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. On 31 March 2013, Petitioner transferred to the Fleet Reserve ( enclosure (2) ). c. On 23 September 201 5, Peritioner·s househoid goods (HHG) were picked up by the transportation service provider (TSP) from (enclosure (3)). d. On 29 September 2015, Petitioner requested a reweigh of his HHG, and was approved however, the TSP did not conduct a reweigh (enclosure (3)). e. On 6 October 2015, Petitioner's HHG were delivered to The delivered weight was 15,380 lbs. (enclosure (3)). f. On 7 December 2018, Petitioner received notification from the HHG-AT stating he exceeded his authorized weight allowance of 13,000 lbs., resulting in an excess cost of $897.45 (enclosure (4)). g. In correspondence attached as enclosure (5), the office having cognizance over the subject matter addressed in Petitioner's application has commented to the effect that the request has no merit and warrants no favorable action in their advisory opinion (AO). The AO stated that the Petitioner requested a reweigh when he suspected he may be overweight and the TSP was neglectful in not performing a reweigh. However, the weight tickets and inventory sheets substantiate the weight billed by the TSP. Finally, Petitioner may submit a DD Form 2789 (remission of indebtedness application) to Chief of Naval Personnel if this debt created a financial hardship. CONCLUSION Upon review and consideration of all the evidence of record, and notwithstanding the AO expressed in enclosure (5), the Board finds the existence of an error/injustice warranting corrective action. Petitioner was authorized a maximum weight of 13,000 lbs. Total shipment was 15,380 lbs. minus 150 lbs. (Pro Gear) totaling 15,230 lbs. times 10% (packing materials of 1,523 lbs.) totaling 13,707 lbs. minus 13,000 lbs.(authorized weight) totaling 707 lbs. (excess weight) times 11.11 % (adding back packing: 79 lbs.) totaling 786 lbs. worth of $897.45. The panel relied heavily on the Petitioner's last HHG move in 2010 (12,260 lbs.) and TSP's failure to reweigh Petitioner's HHG. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Petitioner's HHG delivered weight was 13,000 lbs. on 15 October 2015 upon TSP's reweigh. Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner's records to determine if Petitioner is due any back pay and allowances. A copy of this Report of Proceedings will be filed in Petitioner's naval record. 4. Pursuant to Section 6(cJ of the revised ocedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter. 5. The foregoing action of the Board is submitted for your review and action.