B-115271, NOV 3, 1953

B-115271, NOV 3, 1953

PRECIS-UNAVAILABLE

ROBERT A. PERRAULT, ATC, USN:

REFERENCE IS MADE TO YOUR CLAIM FORWARDED TO THIS OFFICE BY THE DISBURSING OFFICER, U. S. NAVAL AIR STATION, CECIL FIELD, JACKSONVILLE, FLORIDA, BY LETTER OF APRIL 20, 1953, FOR REFUND OF $485 CHECKED AGAINST YOUR ACCOUNT AS THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM SAN JOSE, CALIFORNIA, TO MEMPHIS, TENNESSEE. SINCE YOUR CLAIM IS A DUPLICATE OF THE CLAIM WHICH WAS DISALLOWED BY SETTLEMENT DATED JUNE 13, 1952, IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

BY ORDERS DATED AUGUST 2, 1951, YOU WERE TRANSFERRED FROM U. S. NAVAL AIR STATION, MOFFETT FIELD, CALIFORNIA, TO NAVAL AIR TECHNICAL TRAINING CENTER, MEMPHIS, TENNESSEE, TO ATTEND A COURSE OF INSTRUCTION IN ADVANCED AVIATION ELECTRONICS TECHNICAL SCHOOL (CLASS B), RETURNABLE QUOTA. THE TERM "RETURNABLE QUOTA" INDICATED THAT YOU WOULD BE RETURNED TO YOUR OLD STATION, MOFFETT FIELD, CALIFORNIA, UPON COMPLETION OF THE COURSE. YOUR REQUEST YOUR HOUSEHOLD EFFECTS WEIGHING 3,820 POUNDS WERE SHIPPED AS FOR A PERMANENT CHANGE OF STATION FROM SAN JOSE TO MEMPHIS AT A COST TO THE GOVERNMENT OF $545.20. CHECK AGE IN THE SUM OF $485.25 WAS EFFECTED ON THE BASIS THAT THE SHIPMENT EXCEEDED THE WEIGHT ALLOWANCE FOR A TEMPORARY CHANGE OF STATION. ON APRIL 4, 1952, THE ORDERS OF AUGUST 2, 1951, WERE MODIFIED TO CHANGE YOUR STATUS TO "NON-RETURNABLE QUOTA" AND FOR FURTHER ASSIGNMENT BY BUREAU OF NAVAL PERSONNEL. BY ORDERS DATED MAY 16, 1952, YOU WERE TRANSFERRED TO NAVAL AIR STATION, JACKSONVILLE, FLORIDA FOR DUTY COMMENCING JUNE 2, 1952.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR. PARAGRAPH 8009-4-G JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT ACT AND IN EFFECT AT THE TIME HERE INVOLVED, AUTHORIZED UNDER THE GENERAL HEADING "SHIPMENT UNDER PERMANENT CHANGE OF STATION ORDERS" FOR MEMBERS ORDERED "UPON CHANGE OF STATION" TO A SCHOOL FOR A PRESCRIBED COURSE OF INSTRUCTION OF NOT LESS THAN 20 WEEKS' DURATION, SHIPMENT OF HOUSEHOLD GOODS FROM THE LAST PERMANENT STATION TO THE SCHOOL AND, UPON SUBSEQUENT TRANSFER FROM SAID SCHOOL, SHIPMENT OF HOUSEHOLD GOODS FROM THE SCHOOL, FORMER PERMANENT DUTY STATION OR PLACE OF STORAGE TO THE NEW PERMANENT DUTY STATION. THE SAID PROVISIONS CLEARLY WERE APPLICABLE ONLY WHEN THERE WAS A PERMANENT CHANGE OF STATION AWAY FROM THE OLD STATION. IN YOUR CASE THE TERM "RETURNABLE QUOTA" CLEARLY INDICATED THAT YOUR PERMANENT STATION CONTINUED TO BE MOFFETT FIELD, CALIFORNIA. THIS IS FURTHER SHOWN BY THE FACT THAT YOU WERE PAID ADVANCE MILEAGE FOR THE TRIP TO MEMPHIS AND RETURN TO MOFFETT FIELD BEFORE LEAVING MOFFETT FIELD. ON THE BASIS OF WHOSE ORDERS THERE WAS NO AUTHORITY FOR THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS IN EXCESS OF THE WEIGHT AUTHORIZED UPON TEMPORARY CHANGE OF STATION. THE MODIFICATION OF APRIL 4, 1952, ACCOMPLISHED THE PURPOSE OF MAKING THE SCHOOL YOUR PERMANENT STATION ON THAT DATE. HOWEVER, SINCE YOUR EFFECTS WERE THEN LOCATED AT THE SCHOOL NO SHIPPING RIGHTS ACCRUED TO YOU INCIDENT TO THAT AMENDMENT.

SINCE THERE WAS NO AUTHORITY FOR SHIPMENT OF YOUR EFFECTS AS FOR A PERMANENT CHANGE OF STATION, THERE IS NO BASIS UNDER THE CONTROLLING REGULATIONS FOR PAYMENT OF THE REFUND CLAIMED. ACCORDINGLY, THE SETTLEMENT OF JUNE 13, 1952, WAS CORRECT AND IS SUSTAINED.