B-108739, OCT 13, 1952

B-108739: Oct 13, 1952

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

M.D.: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 27. WHEREIN YOU WERE ALLOWED THE SUM OF $170.32 ON YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED IN CONNECTION WITH PACKING. YOU WERE DETACHED FROM DUTY AT OLATHE. THE RECORD SHOWS THAT YOU WERE ORDERED TO ACTIVE DUTY FROM ST. THAT YOUR HOME OF RECORD AT THAT TIME WAS MCALESTER. THAT FOLLOWING YOUR RELEASE FROM ACTIVE DUTY YOUR ADDRESS WAS CLEVELAND. IS SUPPORTED BY A RECEIPT OF THE LINCOLN STORAGE CO. THE SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS GOVERNED BY THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS. PARAGRAPH 8000-5A OF SUCH REGULATIONS IS IN PERTINENT PART AS FOLLOWS: "A. THE TERM 'HOME OF RECORD' IS THE PLACE CURRENTLY RECORDED AS THE HOME OF THE MEMBER OR THE PLACE AT WHICH THE MEMBER IS LOCATED.

B-108739, OCT 13, 1952

PRECIS-UNAVAILABLE

JAMES W. MURPHREE, M.D.:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 27, 1952, REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 28, 1952, WHEREIN YOU WERE ALLOWED THE SUM OF $170.32 ON YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED IN CONNECTION WITH PACKING, TRANSPORTATION AND TEMPORARY STORAGE OF HOUSEHOLD EFFECTS, INCIDENT TO ORDERS RELIEVING YOU FROM ACTIVE DUTY AS LIEUTENANT (JG), UNITED STATES NAVAL RESERVE.

BY ORDERS DATED MARCH 20 AND JULY 1, 1951, AND ENDORSEMENT THEREON, YOU WERE DETACHED FROM DUTY AT OLATHE, KANSAS, DIRECTED TO PROCEED TO YOUR HOME AND TO REGARD YOURSELF RELEASED FROM ACTIVE DUTY ON JULY 3, 1951. THE RECORD SHOWS THAT YOU WERE ORDERED TO ACTIVE DUTY FROM ST. PAUL, MINNESOTA; THAT YOUR HOME OF RECORD AT THAT TIME WAS MCALESTER, OKLAHOMA, AND THAT FOLLOWING YOUR RELEASE FROM ACTIVE DUTY YOUR ADDRESS WAS CLEVELAND, OHIO. YOUR CLAIM FOR $220.67 FOR SHIPMENT OF HOUSEHOLD EFFECTS WEIGHING 2,520 POUNDS FROM OLATHE, KANSAS, TO CLEVELAND, OHIO, AND SUBSEQUENT STORAGE, IS SUPPORTED BY A RECEIPT OF THE LINCOLN STORAGE CO., SHOWING CHARGES PAID AS FOLLOWS: CARTAGE ON JUNE 12, 1951, $177.66, USE OF WARDROBE $5, TAX $5.48, PACKING FOR TRANSPORTATION $33, PLACING MATTRESS IN CARTON AND FLAKING GOODS AT WAREHOUSE FOR STORAGE $4.50 LABOR IN AND OUT OF STORAGE $16, AND TEMPORARY STORAGE FROM JUNE 18 TO JULY 18, 1951, $8, A TOTAL OF $249.64.

THE SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS GOVERNED BY THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS, EFFECTIVE APRIL 1, 1951. PARAGRAPH 8000-5A OF SUCH REGULATIONS IS IN PERTINENT PART AS FOLLOWS:

"A. HOME OF RECORD. EXCEPT AS PROVIDED IN SUBPAR. B, THE TERM 'HOME OF RECORD' IS THE PLACE CURRENTLY RECORDED AS THE HOME OF THE MEMBER OR THE PLACE AT WHICH THE MEMBER IS LOCATED, WHEN COMMISSIONED, REINSTATED, APPOINTED, REAPPOINTED, ENLISTED, INDUCTED OR ORDERED TO THE RELEVANT TOUR OF ACTIVE DUTY. ***"

THUS, UNDER THE ABOVE-QUOTED DEFINITION OF THE TERM "HOME OF RECORD," IT MAY BE CONCLUDED THAT UPON YOUR RELEASE FROM ACTIVE DUTY YOU WERE ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE, EITHER TO THE PLACE RECORDED AS YOUR HOME OR TO THE PLACE FROM WHICH YOU WERE ORDERED TO THE RELEVANT TOUR OF ACTIVE DUTY.

HOWEVER, SINCE BASICALLY, THE SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE AUTHORIZED UPON RELEASE FROM ACTIVE DUTY IS FROM THE LAST STATION TO HOME WHERE NO FURTHER STORAGE ORDINARILY WOULD BE NECESSARY, PARAGRAPH 8006-1A OF THE JOINT TRAVEL REGULATIONS WHICH AUTHORIZED TEMPORARY STORAGE OF HOUSEHOLD EFFECTS, (1) AFTER PICKUP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH OF SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN, (2) WHILE SHIPMENT IS IN TRANSIT, (3) AFTER ARRIVAL OF SHIPMENT AT DESTINATION, BUT BEFORE DELIVERY INTO QUARTERS, MAY NOT BE CONSTRUED AS AUTHORIZING STORAGE OF YOUR HOUSEHOLD EFFECTS, AT GOVERNMENT EXPENSE AT CLEVELAND, AND THERE IS THEREFORE NO LEGAL BASIS FOR THE PAYMENT TO YOU OF THE AMOUNTS CLAIMED AS REIMBURSEMENT FOR STORAGE.

THE COST OF SHIPPING YOUR EFFECTS FROM OLATHE, KANSAS, TO ST. PAUL, MINNESOTA, THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY, BY VAN, AT THE TIME HERE INVOLVED, AT THE APPLICABLE RATE OF $5.94 PER HUNDRED POUNDS, WOULD HAVE BEEN $149.68, PLUS TAX OF $4.49, PACKING CHARGES OF $33, AND USE OF WARDROBE $5, OR A TOTAL OF $192.17. SINCE YOU WERE ALLOWED THE SUM OF $170.32, YOU ARE ENTITLED TO AN ADDITIONAL AMOUNT OF $21.85 ON YOUR CLAIM. A SETTLEMENT FOR THAT AMOUNT WILL ISSUE IN DUE COURSE.