B-127640, JUN. 1, 1956

B-127640, JUN. 1, 1956

TO CAPTAIN WILLIAM A. O-HEARN, USAF:

YOUR LETTER OF MARCH 29, 1956, REQUESTS REVIEW OF OUR SETTLEMENT DATED MARCH 13, 1956, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE AMOUNT PAID BY YOU TO THE GOVERNMENT AS EXCESS COST FOR TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS INCIDENT TO CHANGE OF STATION ORDERS DATED JULY 26, 1954.

BY PARAGRAPH 35, SPECIAL ORDERS NO. 172, SCOTT AIR FORCE BASE (AIR TRAINING COMMAND), DATED JULY 26, 1954, YOU WERE RELIEVED FROM ASSIGNMENT WITH THE 3337TH TECHNICAL TRAINING SQUADRON, AIR TRAINING COMMAND AND ASSIGNED TO THE 2266TH PERSONNEL PROCESSING SQUADRON (AIR FORCE OVERSEAS REPLACEMENT), CAMP KILMER, NEW JERSEY, FOR FURTHER ASSIGNMENT. YOU WERE LATER ASSIGNED TO DUTY OVERSEAS.

ON AUGUST 4, 1954, YOU SHIPPED 6,670 POUNDS OF HOUSEHOLD EFFECTS FROM SCOTT AIR FORCE BASE, TO MINOT, NORTH DAKOTA. ON JANUARY 25, 1955, 2,780 POUNDS OF YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM MINOT, NORTH DAKOTA, TO BAY RIDGE, LONG ISLAND, NEW YORK, FOR OVERSEAS SHIPMENT. ON FEBRUARY 4, 1955, 6,705 POUNDS OF YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM MINOT, NORTH DAKOTA, TO NONTEMPORARY STORAGE AT VELOX, WASHINGTON. YOUR AUTHORIZED WEIGHT ALLOWANCE INCLUDING 40 PERCENT FOR PACKING WAS 11,900 POUNDS (8,500 POUNDS PLUS 3,400 POUNDS). ACCORDING TO THE COMPUTATION MADE BY THE ADMINISTRATIVE OFFICE IT APPEARS YOU EXCEEDED YOUR WEIGHT ALLOWANCE BY 3,612 POUNDS AND YOU WERE CHARGED WITH EXCESS COSTS OF $232.54. YOU NOW CLAIM REFUND OF THAT AMOUNT AND IN YOUR LETTER YOU SAY THAT UNDER THE PROVISIONS OF PARAGRAPH 8009-4B/2) OF THE JOINT TRAVEL REGULATIONS YOU SHOULD BE ALLOWED TWO OR MORE SHIPMENTS OF HOUSEHOLD GOODS, AND IF YOU WERE ALLOWED TWO SHIPMENTS THERE WOULD BE NO EXCESS COST.

PARAGRAPH 8009-4B/2) OF THE JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME, PROVIDES:

"/2) ORDERED TO DUTY OVERSEAS WHEN DEPENDENTS NOT AUTHORIZED TO ACCOMPANY THE MEMBER OF SHIPMENT OF HOUSEHOLD GOODS PROHIBITED. WHEN A MEMBER IS ORDERED TO AN OVERSEAS STATION (INCLUDING ASSIGNMENT TO NON-ROTATED VESSELS AND UNITS OVERSEAS FOR CONTEMPLATED PERIODS OF MORE THAN TWELVE MONTHS) AND SHIPMENT OF HOUSEHOLD GOODS TO SUCH OVERSEAS STATION IS PROHIBITED OR WHEN, DUE TO MILITARY RESTRICTIONS, IT IS ANTICIPATED THAT DEPENDENTS WILL NOT BE PERMITTED TO JOIN HIM WITHIN 20 WEEKS, SHIPMENT IS AUTHORIZED TO THE NEAREST AVAILABLE NON TEMPORARY STORAGE AND/OR TO SUCH LOCATION WITHIN THE UNITED STATES AS MAY BE DESIGNATED BY THE MEMBER CONCERNED OR, SUBJECT TO PRIOR APPROVAL OF THE SECRETARY CONCERNED OR HIS DESIGNATED REPRESENTATIVE, TO ANY TERRITORY OR POSSESSION OF THE UNITED STATES. UPON SUBSEQUENT ISSUANCE OF AUTHORITY FOR MOVEMENT OF HOUSEHOLD GOODS OR TRAVEL OF DEPENDENTS TO THE OVERSEAS STATION, SHIPMENT IS AUTHORIZED:

1. FROM THE STORAGE PLACE TO THE UNRESTRICTED OVERSEAS DUTY STATION, AND/OR

2. FROM THE DESIGNATED LOCATION TO THE OVERSEAS DUTY STATION AND, UPON APPROVAL OF THE SECRETARY CONCERNED OR HIS DESIGNATED REPRESENTATIVE, TO STORAGE (UNDER THIS PROVISION, ANY PORTION OF THE HOUSEHOLD GOODS WHICH WAS SHIPPED TO THE DESIGNATED LOCATION MAY BE RESHIPPED OVERSEAS AND THE REMAINDER TO STORAGE).'

UNDER THIS REGULATION YOU WERE ENTITLED TO SHIP YOUR AUTHORIZED WEIGHT ALLOWANCE OF 11,900 POUNDS OF HOUSEHOLD EFFECTS FROM SCOTT AIR FORCE BASE, ILLINOIS, TO MINOT, NORTH DAKOTA, AND THENCE TO YOUR DUTY STATION OUTSIDE THE UNITED STATES. HOWEVER, THE SHIPMENT FROM MINOT, NORTH DAKOTA, TO VELOX, WASHINGTON, FOR PERMANENT STORAGE COULD BE MADE AT GOVERNMENT EXPENSE ONLY IF APPROVED BY THE SECRETARY OF THE AIR FORCE OR HIS DESIGNATED REPRESENTATIVE. SINCE THAT APPROVAL WAS NOT OBTAINED, THE COST OF THE SHIPMENT MAY NOT BE ALLOWED UNDER THE REGULATIONS. THEREFORE, THE SETTLEMENT WHICH DISALLOWED YOUR CLAIM WAS CORRECT AND IS SUSTAINED. THE BILL OF LADING, NO. WY-5581362, COVERING THE COST OF TRANSPORTING YOUR HOUSEHOLD EFFECTS FROM MINOT, NORTH DAKOTA, TO VELOX, WASHINGTON, SHOWS THAT 6,705 POUNDS OF HOUSEHOLD EFFECTS WERE SHIPPED AT A COST OF $310.50. SINCE YOU HAVE REFUNDED ONLY $232.54, IT WOULD APPEAR THAT YOU ARE INDEBTED TO THE UNITED STATES FOR THE DIFFERENCE, $77.96. ACCORDINGLY, IN THE ABSENCE OF A SHOWING THAT THE SHIPMENT WAS MADE WITH THE ADMINISTRATIVE APPROVAL REQUIRED BY THE REGULATIONS, YOU SHOULD SEND TO THIS OFFICE, CLAIMS DIVISION, POST OFFICE BOX 2610, A CHECK OR MONEY ORDER FOR THAT DIFFERENCE. SUCH CHECK OR MONEY ORDER SHOULD BE MADE PAYABLE TO THE U.S. GENERAL ACCOUNTING OFFICE.