B-110687, OCT 29, 1952

B-110687: Oct 29, 1952

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UNITED STATES ARMY (RETIRED): REFERENCE IS MADE TO YOUR LETTER DATED JUNE 6. YOU WERE RELIEVED FROM DUTY AT CAMP GRUBER. YOU WERE DETACHED FROM DUTY AT ATLANTA. WERE SHIPPING ON GOVERNMENT BILL OF LADING NO. -8550480. IT WAS ADMINISTRATIVELY DETERMINED BY THE DEPARTMENT OF THE ARMY THAT SINCE YOUR LAST PERMANENT DUTY STATION PRIOR TO ASSIGNMENT TO DUTY OVERSEAS WAS ATLANTA. YOUR RIGHT TO SHIPMENT OF HOUSEHOLD EFFECTS WAS FROM ATLANTA GEORGIA. WHICH SUM WAS PAID BY YOU TO THE GOVERNMENT. SHIPPED FROM THE OLD STATION TO PLACE OF STORAGE OR CONTEMPLATED PLACE OF RESIDENCE IN THE UNITED STATES AT PUBLIC EXPENSE. ***" THE HOUSEHOLD EFFECTS HERE INVOLVED WERE NOT SHIPPED INCIDENT TO YOUR CHANGE OF STATION FROM CAMP GRUBER.

B-110687, OCT 29, 1952

PRECIS-UNAVAILABLE

COLONEL JAMES P. GAMMON, UNITED STATES ARMY (RETIRED):

REFERENCE IS MADE TO YOUR LETTER DATED JUNE 6, 1952, REQUESTING REVIEW OF SETTLEMENT DATED NOVEMBER 14, 1949, WHICH DISALLOWED YOUR CLAIM FOR $190.80, REPRESENTING THE AMOUNT PAID BY YOU AS EXCESS COSTS IN CONNECTION WITH THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM MUSKOGEE, OKLAHOMA, TO DECATUR, GEORGIA, ON OR ABOUT SEPTEMBER 16, 1946.

BY ORDERS DATED MARCH 5, 1943, YOU WERE RELIEVED FROM DUTY AT CAMP GRUBER, OKLAHOMA, AND ASSIGNED TO DUTY AT ATLANTA, GEORGIA, AND BY ORDERS DATED MAY 2, 1946, YOU WERE DETACHED FROM DUTY AT ATLANTA, GEORGIA, AND ASSIGNED TO DUTY OVERSEAS. YOUR HOUSEHOLD EFFECTS, WEIGHING 10,267 POUNDS, EXCLUSIVE OF 1,224 POUNDS OF PROFESSIONAL BOOKS, WERE SHIPPING ON GOVERNMENT BILL OF LADING NO. -8550480, ISSUED ON SEPTEMBER 16, 1946, FROM MUSKOGEE, OKLAHOMA, TO DECATUR, GEORGIA, AT A COST TO THE GOVERNMENT OF $224.40. IT WAS ADMINISTRATIVELY DETERMINED BY THE DEPARTMENT OF THE ARMY THAT SINCE YOUR LAST PERMANENT DUTY STATION PRIOR TO ASSIGNMENT TO DUTY OVERSEAS WAS ATLANTA, GEORGIA, YOUR RIGHT TO SHIPMENT OF HOUSEHOLD EFFECTS WAS FROM ATLANTA GEORGIA, TO DECATUR, GEORGIA, AT THE CONSTRUCTIVE COST OF $33.60, AND THAT THE SHIPMENT AS MADE RESULTED IN EXCESS COST TO THE GOVERNMENT IN THE AMOUNT OF $190.80, WHICH SUM WAS PAID BY YOU TO THE GOVERNMENT.

PARAGRAPH 14A(6), ARMY REGULATIONS 55-160, PROMULGATED PURSUANT TO THE PROVISIONS OF THE ACT OF JUNE 5, 1942, 56 STAT. 314, 315, APPLICABLE TO YOUR CLAIM, PROVIDES AS FOLLOWS:

"UPON ASSIGNMENT TO AN OVERSEAS STATION HOUSEHOLD GOODS UNDER THE PROVISIONS OF (1) ABOVE, MAY BE PACKED, CRATED, AND SHIPPED FROM THE OLD STATION TO PLACE OF STORAGE OR CONTEMPLATED PLACE OF RESIDENCE IN THE UNITED STATES AT PUBLIC EXPENSE. ***"

THE HOUSEHOLD EFFECTS HERE INVOLVED WERE NOT SHIPPED INCIDENT TO YOUR CHANGE OF STATION FROM CAMP GRUBER, OKLAHOMA, TO ATLANTA, GEORGIA, SINCE SUCH SHIPMENT WAS MADE SUBSEQUENT TO YOUR DETACHMENT FROM DUTY AT THE LATTER PLACE AND YOUR ASSIGNMENT TO DUTY OVERSEAS. YOUR LAST PERMANENT DUTY STATION PRIOR TO YOUR ASSIGNMENT TO DUTY OVERSEAS BY THE ORDERS OF MAY 2, 1946, WAS ATLANTA, GEORGIA. HENCE, INCIDENT TO THE ORDERS OF MAY 2, 1946, YOU WERE ENTITLED, UNDER THE ABOVE-QUOTED REGULATIONS TO SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE TO ANY POINT SELECTED IN THE UNITED STATES, NOT TO EXCEED THE COST OF SHIPMENT FROM YOUR LAST PERMANENT DUTY STATION, TO THE PLACE SELECTED, I.E., FROM ATLANTA, GEORGIA, TO DECATUR, GEORGIA. SINCE YOU WERE ADMINISTRATIVELY ALLOWED THE MAXIMUM AMOUNT AUTHORIZED BY THE REGULATIONS ON THE COST OF SHIPMENT OF THE HOUSEHOLD EFFECTS HERE INVOLVED, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM, NOTWITHSTANDING ANY INFORMATION TO THE CONTRARY WHICH MAY HAVE BEEN FURNISHED YOUR WIFE AT THE TIME THE SHIPMENT IN QUESTION WAS MADE.

ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 14, 1949, IS SUSTAINED.