B-153663, JAN 6, 1965

B-153663, JAN 6, 1965

PRECIS-UNAVAILABLE

SENATOR TALMADGE:

REFERENCE IS MADE TO YOUR COMMUNICATION OF DECEMBER 1, 1964, ADDRESSED TO THE OFFICE OF THE CHIEF OF LEGISLATIVE LIAISON, DEPARTMENT OF THE ARMY, FORWARDING FOR CONSIDERATION AND REPORT A LETTER DATED NOVEMBER 23, 1964, WITH ATTACHMENTS, FROM SERGEANT FIRST CLASS TROY G. SMALLWOOD, RA 45012288, CONCERNING HIS CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED BY HIM IN CONNECTION WITH THE TRANSPORTATION OF HIS HOUSE TRAILER BY A COMMERCIAL TRANSPORTER FROM AUSTIN, TEXAS, TO LAWTON, OKLAHOMA, ON APRIL 22 AND 23, 1963.

OUR RECORDS SHOW THAT PURSUANT TO SPECIAL ORDERS NO. 57, HEADQUARTERS, U. S. ARMY ELEMENT FIELD COMMAND DASA, SANDIA BASE, NEW MEXICO, DATED MARCH 22, 1963, TRANSFERRING SERGEANT SMALLWOOD TO FORT SILL, OKLAHOMA, ON A PERMANENT CHANGE OF DUTY STATION, HE ENGAGED A COMMERCIAL TRANSPORTER TO TRANSPORT HIS HOUSE TRAILER FROM AUSTIN, TEXAS, WHERE IT WAS LOCATED AT THE TIME OF THE RECEIPT OF THE ORDERS, TO LAWTON, OKLAHOMA (FORT SILL, FOR WHICH HE WAS CHARGED $174.58 (342 MILES AT 46 CENTS PER MILE ($157.32) PLUS COST OF TRAILER TRANSPORTATION PERMITS ($17.26)). SUBSEQUENTLY SERGEANT SMALLWOOD EXECUTED A CLAIM VOUCHER FOR A TRAILER ALLOWANCE, STATING IN A CERTIFICATE ATTACHED TO THE VOUCHER THAT HE ELECTED REIMBURSEMENT OF THE COST OF THE TRANSPORTATION OF THE TRAILER IN LIEU OF PAYMENT OF A DISLOCATION ALLOWANCE AND SHIPMENT OF HIS PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE OF HOUSEHOLD GOODS AND BAGGAGE. INASMUCH AS HIS CLAIM WAS NOT SUPPORTED BY A WRITTEN STATEMENT OF HIS COMMANDING OFFICER SHOWING THAT HE WAS AUTHORIZED TO CONTRACT PERSONALLY WITH A COMMERCIAL TRANSPORTER AS REQUIRED BY REGULATIONS, THE FINANCE CENTER, U. S. ARMY, INDIANAPOLIS, INDIANA, FORWARDED THE CLAIM TO THE CLAIMS DIVISION OF THIS OFFICE FOR APPROPRIATE ACTION. BY SETTLEMENT DATED JANUARY 28, 1964, OUR CLAIMS DIVISION ALLOWED SERGEANT SMALLWOOD THE AMOUNT OF $37.62, REPRESENTING 342 MILES AT 11 CENTS PER MILE UNDER THE AUTHORITY OF PARAGRAPH 10006 OF THE JOINT TRAVEL REGULATIONS, ON THE GROUND THAT HE HAD PERSONALLY CONTRACTED FOR THE COMMERCIAL TRANSPORTATION OF HIS HOUSE TRAILER WITHOUT PROPER AUTHORIZATION. BY A LETTER RECEIVED HERE ON MARCH 3, 1964, SERGEANT SMALLWOOD RETURNED THE SETTLEMENT CHECK AND REQUESTED RECONSIDERATION OF THE SETTLEMENT STATING THAT HE DID NOT KNOW OF ANY ARMY TRANSPORTATION OFFICE IN AUSTIN AND THAT UPON ADVICE OF THE TRANSPORTATION OFFICE, FORT SILL, HE ENGAGED AN APPROVED COMMERCIAL TRANSPORTER FOR THE MOVEMENT OF HIS TRAILER FROM AUSTIN TO LAWTON.

BY OUR DECISION DATED MAY 26, 1964, B-153663, TO THE MEMBER WHICH IS INCLUDED IN THE FILE HE FORWARDED TO YOU, WE QUOTED EXCERPTS FROM THE GOVERNING LAW AND REGULATIONS AND CONCLUDED THAT INASMUCH AS HE DID NOT COMPLY WITH THE REGULATIONS WHEN HE HAD HIS HOUSE TRAILER MOVED BY A COMMERCIAL TRANSPORTER, THE ALLOWANCE OF $37.62 TO HIM, COMPUTED ON THE DISTANCE BETWEEN AUSTIN AND LAWTON (342 MILES) AT 11 CENT PER MILE (THE RATE SPECIFIED IN THE REGULATIONS AS BEING APPLICABLE WHEN A MEMBER MOVES HIS HOUSE TRAILER WITHOUT FURTHER AUTHORIZATION), WAS CORRECT. WE ADVISED HIM, HOWEVER, IN THAT DECISION THAT FURTHER CONSIDERATION WOULD BE GIVEN TO HIS CLAIM IF HE FURNISHED A STATEMENT FROM THE TRANSPORTATION OFFICE, FORT SILL, TO THE EFFECT THAT HE WAS DIRECTED TO MAKE PERSONAL ARRANGEMENTS WITH A COMMERCIAL TRANSPORTER FOR THE MOVEMENT OF HIS HOUSE TRAILER FROM AUSTIN TO LAWTON. THE FILE FORWARDED BY SERGEANT SMALLWOOD INDICATES THAT HE HAS BEEN UNABLE TO OBTAIN SUCH STATEMENT FROM THAT OFFICE.

IN HIS LETTER OF NOVEMBER 23, 1964, TO YOU, SERGEANT SMALLWOOD CONTENDS, IN SUBSTANCE, THAT HE HAD ELECTED TO ACCEPT THE TRAILER ALLOWANCE AT 36 CENTS PER MILE IN LIEU OF A DISLOCATION ALLOWANCE OF $110.10, AND SINCE HE ARRANGED FOR THE MOVEMENT OF HIS HOUSE TRAILER UPON VERBAL INSTRUCTIONS OF THE TRANSPORTATION OFFICE, FORT SILL, HE SHOULD BE REIMBURSED AT THE RATE OF 36 CENTS PER MILE FOR THE DISTANCE INVOLVED.

AS EXPLAINED IN THE ENCLOSED DECISION OF MAY 26, 1964, TO THE CLAIMENT, THE REGULATIONS IN EFFECT AT THE TIME INVOLVED DID NOT PROVIDE FOR PAYMENT OF A TRAILER ALLOWANCE OF 36 CENTS A MILE IN CIRCUMSTANCES SUCH AS ARE INVOLVED HERE WHEN IT IS NOT ESTABLISHED THAT THE MEMBER WAS AUTHORIZED TO CONTRACT PERSONALLY WITH A COMMERCIAL TRANSPORTER FOR THE MOVEMENT OF HIS HOUSE TRAILER. IT REASONABLY APPEARS, HOWEVER, THAT THE ELECTION AFFORDED BY THE LAW TO RECEIVE AN ALLOWANCE FOR THE MOVEMENT OF A HOUSE TRAILER IN PLACE OF THE TRANSPORTATION OF HOUSEHOLD EFFECTS AND THE PAYMENT OF A DISLOCATION ALLOWANCE WOULD BE INFLUENCED BY THE VALUE OF THE RESPECTIVE BENEFITS AND WOULD BE EXERCISED WITH KNOWLEDGE OF THE BENEFITS PAYABLE OR THE BASIS ON WHICH THEY WOULD BE DETERMINED. IT SEEMS CLEAR THAT SERGEANT SMALLWOOD ELECTED TO RECEIVE A TRAILER ALLOWANCE BELIEVING THAT IT WOULD BE PAYABLE AT THE RATE OF 36 CENTS A MILE. SINCE HE PROBABLY WOULD HAVE ELECTED TO RECEIVE A DISLOCATION ALLOWANCE AT THE AUTHORIZED RATE HAD HE KNOWN THAT THE TRAILER ALLOWANCE WOULD BE LIMITED TO 11 CENTS A MILE, WE WOULD GIVE CONSIDERATION TO A CLAIM BY SERGEANT SMALLWOOD FOR THE DISLOCATION ALLOWANCE IN LIEU OF THE TRAILER ALLOWANCE IF IT IS PRESENTED TO OUR CLAIMS DIVISION OVER HIS SIGNATURE.

THERE WOULD BE NO AUTHORITY TO ALLOW ANY AMOUNT FOR THE TRANSPORTATION OF HIS HOUSEHOLD GOODS, PRESUMABLY MOVED IN HIS HOUSE TRAILER, IN THE ABSENCE OF AN INVENTORY OF THE GOODS MOVED, EVIDENCE ESTABLISHING THEIR ACTUAL WEIGHT AT THE TIME OF MOVEMENT AND INFORMATION AS TO WHETHER ANY PART OF THE AMOUNT PAID THE TRANSPORTER REPRESENTED AN ADDITIONAL CHARGE BY REASON OF THE FACT THAT THE TRAILER CONTAINED HIS HOUSEHOLD GOODS.

WE TRUST THAT THE FOREGOING WILL SERVE THE PURPOSE OF YOUR INQUIRY. THE ENCLOSURES RECEIVED WITH YOUR LETTER, EXCEPT CHECK NO. 5,351,708, WHICH WAS ISSUED ON THE SETTLEMENT VOUCHER, ARE RETURNED. THE CHECK WILL BE RETAINED PENDING RECEIPT FROM SERGEANT SMALLWOOD OF A FURTHER EXPRESSION OF HIS ELECTION IN THE MATTER.