Fuel cards: Customs better able to track violations than with old coupon system

By Jennifer Clampet (USAG Wiesbaden)December 14, 2009

WIESBADEN, Germany -- People who misuse fuel ration cards or other Individual Logistic Support privileges are breaking more than just military regulations. ILS privileges are based on the customs provisions of the NATO Status of Forces Agreement which is why the U.S. Forces Customs investigators keep a close watch on both.

Fuel cards

Before the Army and Air Force Exchange Service fuel ration card, individuals bought rationed fuel using coupons.

Those coupons made it very difficult to detect violations, said Robert Szostek with the U.S. Army Europe Office of the Provost Marshal Public Affairs Office.

"Fuel coupons could be purchased and stockpiled throughout the year," said Szostek. "As a result fuel coupon abuse remained relatively hidden."

The new card system, which was implemented between June 1, 2008, and Dec. 31, 2008, allows U.S. Customs investigators to electronically track fuel transactions.

"Since the inception of the fuel ration card, data analysis has revealed that the control mechanisms have slashed violations by more than 40 percent," said Szostek.

And overall the actual number of violations equates to just .318 percent of the total volume of fuel dispensed throughout Germany.

"The success of the AAFES fuel ration card is highlighted by the fact that fuel ration abuse has dramatically decreased all across Germany," said Szostek.

A common issue now for Customs investigators is cases of people exceeding their fuel rations.

Every month, U.S. Forces personnel in Germany are rationed 400 liters of fuel - in some case 600 liters for larger vehicles.

While AAFES employees will not stop someone from pumping more than his or her allotted rations, AAFES does report the incidents to a fuel task force.

Exceeding those allotted amounts are punishable offenses.

For military members, the offense falls under Article 92 of the Uniformed Code of Military Justice - failure to obey an order or regulation.

For civilians, the offense is considered civilian misconduct.

Offenses can result in a Military Police report being filed which would give one a criminal record.

Punishments are decided by commanding units and the Civilian Misconduct Action Authorities.

ILS after divorce or PCS

Ninety days after a military or civilian employee leaves Germany for a new duty station, the nonmilitary spouse loses all privileges associated with the sponsor's Individual Logistic Support. The grace period is also 90 days when the sponsor dies, but the rule for divorce is different.

Individual Logistic Support ends for a nonmilitary spouse the day a divorce from the military or civilian sponsor is final.

Logistic support is the entitlement to legally use the U.S. Forces facilities including the PX, shoppettes and commissaries. Members of the U.S. Forces are authorized to shop at such locations in Germany because of the Status of Forces Agreement.

The same rules apply for military spouses who stay in country after his or her service member reports to a new duty station in another country. Ninety days after the Soldier departs, the spouse loses ILS privileges for U.S. Forces facilities in Germany.

Also unless the spouse is a German citizen, the spouse would need to obtain a residence permit since he or she will lose SOFA status.

After losing ILS, if a spouse continues to stay in Germany, he or she would be breaking German immigration laws.

Szostek said both fuel ration card investigations and ILS investigations are neither uncommon nor overwhelming in number of cases.

But the most common way that ILS abuse is detected is by community members observing abuse and reporting it to Military Police and U.S. Customs officials," said Szostek.

Like fraudulent use of fuel ration cards, the illegal use of ILS is considered civilian misconduct and punishment is determined by the Civilian Misconduct Action Authorities.

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