B-112725, DEC 29, 1952

B-112725: Dec 29, 1952

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USN: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 27. YOU WERE DETACHED FROM DUTY IN WASHINGTON. YOUR ORDERS WERE MODIFIED TO PROVIDE THAT YOU WOULD CONTINUE ON SUCH TEMPORARY DUTY FOR 18 WEEKS. UPON COMPLETION OF WHICH YOU WERE TO PROCEED TO THE PORT IN WHICH THE U.S.S. AT WHICH TIME YOU CERTIFY ITS HOME PORT WAS YORKTOWN. 210 POUNDS WHEREAS YOUR AUTHORIZED ALLOWANCE UPON TEMPORARY CHANGE OF STATION WAS 600 POUNDS (PLUS 5% FOR PACKING) THE EXCESS COST OF THE SHIPMENT WAS COLLECTED BY CHECK AGE AGAINST YOUR PAY ACCOUNT. REGULATIONS ISSUED PURSUANT THERETO ARE CONTAINED IN JOINT TRAVEL REGULATIONS FOR THE UNIFORMED SERVICES. SAID REGULATIONS (PARAGRAPH 8001) PROVIDE THAT A LIEUTENANT (JUNIOR GRADE) IS AUTHORIZED TO SHIP 600 POUNDS WHEN ORDERED TO MAKE A TEMPORARY CHANGE OF STATION.

B-112725, DEC 29, 1952

PRECISE-UNAVAILABLE

LIEUTENANT (JG) LOUIS A. VAN HOUTEN, USN:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 27, 1952, REQUESTING REVIEW OF THE SETTLEMENT OF OCTOBER 2, 1952, WHICH DISALLOWED YOUR CLAIM FOR $95.46 REPRESENTING REFUND OF CHECK AGE FOR THE COST OF SHIPPING AN EXCESS QUANTITY OF HOUSEHOLD EFFECTS INCIDENT TO A TEMPORARY CHANGE OF STATION.

BY ORDERS DATED DECEMBER 4, 1951, YOU WERE DETACHED FROM DUTY IN WASHINGTON, D. C., AND DIRECTED TO PROCEED TO NAVAL SCHOOLS, MINE WARFARE, YORKTOWN, VIRGINIA, FOR TEMPORARY DUTY UNDER INSTRUCTION FOR A PERIOD OF ABOUT 13 WEEKS, A DELAY UNTIL JANUARY 7, 1952, BEING AUTHORIZED. ORDERS DATED MARCH 18, 1952, YOUR ORDERS WERE MODIFIED TO PROVIDE THAT YOU WOULD CONTINUE ON SUCH TEMPORARY DUTY FOR 18 WEEKS, UPON COMPLETION OF WHICH YOU WERE TO PROCEED TO THE PORT IN WHICH THE U.S.S. LAPWING (AMS-48) MIGHT BE AND REPORT TO THE COMMANDING OFFICER OF THAT VESSEL FOR DUTY. YOU REPORTED ABOARD SAID VESSEL FOR DUTY ON MAY 9, 1952, AT WHICH TIME YOU CERTIFY ITS HOME PORT WAS YORKTOWN, VIRGINIA. ON OR ABOUT JANUARY 9, 1952, UPON YOUR ARRIVAL IN YORKTOWN FOR TEMPORARY DUTY, YOU REQUESTED THAT YOUR HOUSEHOLD EFFECTS, BE SHIPPED FROM WASHINGTON, D. C., TO HAMPTON, VIRGINIA, AND AGREED TO PAY THE EXCESS COST INVOLVED. SINCE YOUR EFFECTS WEIGHED 3,210 POUNDS WHEREAS YOUR AUTHORIZED ALLOWANCE UPON TEMPORARY CHANGE OF STATION WAS 600 POUNDS (PLUS 5% FOR PACKING) THE EXCESS COST OF THE SHIPMENT WAS COLLECTED BY CHECK AGE AGAINST YOUR PAY ACCOUNT.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. REGULATIONS ISSUED PURSUANT THERETO ARE CONTAINED IN JOINT TRAVEL REGULATIONS FOR THE UNIFORMED SERVICES. SAID REGULATIONS (PARAGRAPH 8001) PROVIDE THAT A LIEUTENANT (JUNIOR GRADE) IS AUTHORIZED TO SHIP 600 POUNDS WHEN ORDERED TO MAKE A TEMPORARY CHANGE OF STATION, AND 7,500 POUNDS WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION; THAT (PARAGRAPH 7009-4G(1)) SHIPMENT AS FOR A PERMANENT CHANGE OF STATION WHEN ORDERED TO A SERVICE SCHOOL IS AUTHORIZED ONLY WHEN THE PRESCRIBED COURSE OF STUDY IS OF NOT LESS THAN 20 WEEKS DURATION, AND THAT (PARAGRAPH 8014(1)) SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO ISSUANCE OF ORDERS EXCEPT IN CASE OF EMERGENCY, EXIGENCY OF THE SERVICE, OR WHEN REQUIRED BY SERVICE NECESSITY, AS DETERMINED BY THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED. THUS, THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS (IN EXCESS OF THE TEMPORARY WEIGHT ALLOWANCE) PRIOR TO THE ISSUANCE OF ORDERS DIRECTING A PERMANENT STATION WAS AUTHORIZED AT GOVERNMENT EXPENSE ONLY UPON A DETERMINATION BY AN APPROPRIATE OFFICIAL OF THE DEPARTMENT OF THE NAVY THAT EMERGENT OR EXCEPTIONAL CIRCUMSTANCES NECESSITATED SUCH SHIPMENT. SUCH DETERMINATION WAS NOT MADE IN YOUR CASE. ON THE CONTRARY, THE BUREAU OF SUPPLIES AND ACCOUNTS REQUIRED YOU TO PAY THE EXCESS COST OF THE SHIPMENT, AND ADVISED THIS OFFICE THAT PAYMENT OF YOUR CLAIM FOR REFUND IS "NOT APPROVED." UNDER SUCH CIRCUMSTANCES, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF OCTOBER 2, 1952, WAS CORRECT AND IS SUSTAINED.