B-129135, OCT. 16, 1956

B-129135, OCT. 16, 1956

TO CAPTAIN LEONARD J. SHARROW:

YOUR LETTER DATED AUGUST 17, 1956, REQUESTS REVIEW OF SETTLEMENT DATED JULY 3, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING HOUSEHOLD EFFECTS FROM TULSA AND MIAMI, OKLAHOMA, TO OTTAWA, OKLAHOMA, INCIDENT TO CHANGE OF STATION ORDERS DATED MAY 11, 1955, AS AMENDED BY ORDERS DATED MAY 27, 1955.

BY THE ORDERS DATED MAY 11, 1955, YOU WERE RELIEVED FROM YOUR OVERSEAS DUTY STATION AND ASSIGNED TEMPORARY DUTY FOR SIX WEEKS AT MAXWELL AIR FORCE BASE WITH SUBSEQUENT PERMANENT DUTY ASSIGNMENT AT OKLAHOMA A AND M COLLEGE, STILLWATER, OKLAHOMA. BY THE ORDERS DATED MAY 27, 1955, WHICH YOU RECEIVED BEFORE DEPARTING FROM YOUR OVERSEAS DUTY STATION, YOUR ORDERS OF MAY 11 WERE AMENDED TO PROVIDE FOR YOUR PERMANENT DUTY ASSIGNMENT TO DETACHMENT NO. 670, NORTH EASTERN OKLAHOMA A AND M COLLEGE, MIAMI, OKLAHOMA. UPON YOUR APPLICATION DATED MAY 11, 1955, YOUR HOUSEHOLD EFFECTS WERE SHIPPED AT GOVERNMENT EXPENSE FROM YOUR OVERSEAS STATION TO DETACHMENT NO. 670, OKLAHOMA A AND M COLLEGE, STILLWATER, OKLAHOMA. APPEARS THAT WHEN THE HOUSEHOLD EFFECTS ARRIVED AT CUSHING, OKLAHOMA, EN ROUTE TO STILLWATER, THE CARRIER REQUESTED DELIVERY INSTRUCTIONS FROM YOUR WIFE WHO WAS IN TULSA. SINCE SHE WAS NOT ABLE TO FURNISH SUCH INSTRUCTIONS, THE EFFECTS WERE STORED IN THE CARRIER'S WAREHOUSE IN TULSA, OKLAHOMA, AND SUBSEQUENTLY SHIPPED WITH ADDITIONAL EFFECTS TO YOUR RESIDENCE IN OTTAWA.

YOU NOW CLAIM REIMBURSEMENT FOR THE STORAGE AND TRANSPORTATION COSTS FROM TULSA TO OTTAWA. THE CLAIM WAS DISALLOWED BY SETTLEMENT OF JULY 3, 1956, FOR THE REASON THAT YOU FAILED TO NOTIFY THE SHIPPING OFFICERS INVOLVED OF THE CHANGE IN DESTINATION EFFECTED BY THE ORDERS OF MAY 27, 1955, AS REQUIRED BY PARAGRAPH 8050-2 OF THE JOINT TRAVEL REGULATIONS.

IN YOUR LETTER YOU SAY THAT THE CARRIER MOVED YOUR HOUSEHOLD GOODS FROM CUSHING RAILWAY SIDING TO TULSA WITHOUT YOUR APPROVAL. THEREAFTER, YOU ARRANGED FOR THE STORAGE OF THIS SHIPMENT AND ADDITIONAL EFFECTS WHICH WERE IN TULSA DURING THE TIME YOU WERE OVERSEAS. YOU CONTEND YOU ARE ENTITLED TO REIMBURSEMENT FOR THE COST OF STORAGE SINCE YOU HAD NOT REPORTED TO YOUR PERMANENT DUTY STATION FOR DUTY. ALSO, YOU CLAIM REIMBURSEMENT FOR THE COST OF SHIPPING THESE EFFECTS FROM TULSA TO MIAMI AND FROM THERE TO YOUR RESIDENCE IN OTTAWA.

PARAGRAPH 8006-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES FOR TEMPORARY STORAGE OF HOUSEHOLD GOODS IN CONNECTION WITH A PERMANENT CHANGE OF STATION WHENEVER NECESSARY BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE OWNER. PARAGRAPH 8050-2 PROVIDES THAT IT IS THE RESPONSIBILITY OF THE MEMBER UPON RECEIPT OF CHANGE IN ORDERS WHICH NECESSITATES RECONSIGNMENT OF HIS HOUSEHOLD GOODS TO A NEW DESTINATION TO IMMEDIATELY NOTIFY THE SHIPPING OFFICERS AT POINT OF ORIGIN (OR PORT, IT ANY) AND DESTINATION, REQUESTING THAT SUCH SHIPMENT BE RECONSIGNED TO THE NEW DESTINATION NECESSITATED BY REASON OF THE CHANGED ORDERS.

PARAGRAPH 8013-2 OF THE REGULATIONS PROVIDES THAT WHEN HOUSEHOLD GOODS HAVE BEEN IMPROPERLY SHIPPED OR OTHERWISE UNAVOIDABLY SEPARATED FROM THE MEMBER, NOT BECAUSE OF THE FAULT OF THE MEMBER, THEY MAY BE FORWARDED TO THE PROPER DESTINATION AT GOVERNMENT EXPENSE UPON APPROVAL OF THE SERVICE CONCERNED.

IT APPEARS THAT IF, UPON RECEIPT ON MAY 27, 1955, OF THE CHANGE IN ASSIGNMENT TO MIAMI, OKLAHOMA, YOU HAD GIVEN PROMPT NOTICE TO THE PROPER SHIPPING OFFICERS AS REQUIRED BY THE REGULATIONS, THERE WOULD HAVE BEEN AMPLE TIME FOR THEM TO HAVE HAD THE EFFECTS SHIPPED TO MIAMI RATHER THAN STILLWATER SINCE THE BILL OF LADING COVERING THE PORTION OF THE SHIPMENT FROM NORFOLK, VIRGINIA, TO STILLWATER WAS NOT ISSUED UNTIL JULY 8, 1955. AND, IF THE EFFECTS HAD BEEN SHIPPED TO MIAMI, THERE APPARENTLY WOULD HAVE BEEN NO NECESSITY FOR STORAGE SINCE YOU SAY YOU PURCHASED YOUR HOME IN JUNE 1955 AND PRESUMABLY THE EFFECTS COULD HAVE BEEN DELIVERED INTO IT UPON ARRIVAL. THEREFORE, THE SHIPMENT OF YOUR EFFECTS FROM YOUR OVERSEAS STATION TO STILLWATER AND THE PLACING OF THEM IN STORAGE IN TULSA EXHAUSTED YOUR SHIPPING RIGHTS AS TO THOSE EFFECTS.

YOUR FAILURE TO GIVE PROPER NOTICE OF THE CHANGE IN STATION, HOWEVER, DID NOT AFFECT THE SHIPMENT OF YOUR EFFECTS WHICH REMAINED AT TULSA WHILE YOU WERE OVERSEAS, AND THEREFORE YOU MAY BE REIMBURSED FOR A PORTION OF THE COST OF TRANSPORTING THAT SHIPMENT, WHICH WEIGHED 3,586 POUNDS, FROM TULSA TO MIAMI. YOUR AUTHORIZED WEIGHT ALLOWANCE WAS 8,500 POUNDS. THE GROSS WEIGHT OF YOUR OVERSEAS SHIPMENT WAS 7,915 POUNDS. THE NET WEIGHT WAS 5,655 POUNDS (7,915 POUNDS LESS 2/7 ( WHICH LEFT A BALANCE OF 2,845 POUNDS IN YOUR AUTHORIZED WEIGHT ALLOWANCE. THEREFORE, YOU MAY BE REIMBURSED FOR THE COST OF SHIPPING NOT IN EXCESS OF 2,845 POUNDS OF THESE EFFECTS FROM TULSA TO MIAMI. NO ALLOWANCE MAY BE MADE FOR MOVING THIS SHIPMENT FROM MIAMI TO OTTAWA FOR THE REASON THAT THESE EFFECTS WERE CO-MINGLED WITH YOUR OVERSEAS SHIPMENT WITH THE RESULT THAT THERE IS NO BASIS BY WHICH WE CAN DETERMINE THE COST OF MOVING THEM TO OTTAWA.

SETTLEMENT WILL ISSUE FOR THE CORRECT AMOUNT FOUND TO BE DUE ON THE BASIS INDICATED ABOVE.