B-116245, AUG 20, 1953

B-116245, AUG 20, 1953

PRECIS-UNAVAILABLE

THE ATTORNEY GENERAL:

REFERENCE IS MADE TO LETTER OF JULY 2, 1953, FROM WARREN E. BURGER, ASSISTANT ATTORNEY GENERAL, CIVIL DIVISION, FORWARDING FOR THE COMMENTS OF THIS OFFICE, COPIES OF LETTERS FROM SAM PODOWITZ AND HIS WIFE, DATED JULY 18, 1950, AND MAY 16, 1953, RESPECTIVELY, CONCERNING HIS INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $158, WHICH MATTER WAS REFERRED TO YOUR OFFICE FOR COLLECTION BY OFFICE LETTER OF MAY 5, 1952, FOLE CONT- 3024411(2).

IT APPEARS THAT SUCH INDEBTEDNESS AROSE OUT OF PAYMENT BY THE GOVERNMENT OF THE COST OF MOVING AND UNPACKING 4,600 POUNDS OF HIS HOUSEHOLD EFFECTS FROM STORAGE WAREHOUSE IN NEW YORK, NEW YORK, TO HIS HOME ADDRESS IN THE SAME CITY IN AUGUST, 1948, FOLLOWING HIS RELEASE FROM ACTIVE DUTY AS A MAJOR, AUS, PURSUANT TO ORDERS OF OCTOBER 9, 1945, ISSUED AT FORT DIX, NEW JERSEY.

REGULATIONS GOVERNING THE SHIPMENT OF HOUSEHOLD EFFECTS OF MILITARY PERSONNEL AT GOVERNMENT EXPENSE DURING THE PERIOD HERE INVOLVED WERE CONTAINED IN ARMY REGULATIONS 55-160, APRIL 26, 1953, AS AMENDED. SUCH REGULATIONS AUTHORIZED SHIPMENT OF CERTAIN WEIGHT ALLOWANCES ON PERMANENT CHANGE OF STATION, INCLUDING THE CHANGE ON TERMINATION OF ACTIVE DUTY, FROM LAST STATION TO "HOME OR TO ANY PLACE SELECTED," PROVIDED THE COST OF SHIPMENT TO THE PLACE SELECTED WAS NO GREATER THAN TO THE PLACE DESIGNATED AS THE HOME WHEN CALLED TO ACTIVE DUTY. SEE PARAGRAPH 14A(11)(B) OF SUCH REGULATIONS. HOWEVER, NO PROVISION WAS MADE THEREIN FOR SHIPMENT FROM ONE PLACE TO ANOTHER IN THE SAME CITY.

AN OFFICER'S STATION HAS ALWAYS BEEN REGARDED AS INCLUDING AT LEAST THE AREA WITHIN THE CORPORATE LIMITS OF THE CITY IN WHICH THE INSTALLATION OF ACTIVITY TO WHICH HE IS ATTACHED, IS LOCATED, (COMPARE PARAGRAPH 1150-10, JOINT TRAVEL REGULATIONS) AND A TRANSFER FROM ONE INSTALLATION TO ANOTHER IN THE SAME CITY DOES NOT EFFECT A PERMANENT CHANGE OF STATION SO AS TO GIVE RISE TO A RIGHT TO SHIPMENT OF HOUSEHOLD EFFECTS. SEE 2 COMP. GEN. 334; 13 ID. 210. HENCE, IT APPEARS PROPER TO REGARD HOUSEHOLD EFFECTS AS BEING AT THE OFFICER'S HOME IF THEY ARE LOCATED WITHIN THE CITY DESIGNATED AS THE RESERVE OFFICER'S HOME WHEN HE WAS ORDERED TO ACTIVE DUTY AND CLAIMS FOR REIMBURSEMENT OF THE COST OF MOVEMENT FROM ONE ADDRESS TO ANOTHER IN THE HOME CITY OF THE OFFICER UPON HIS RELEASE FROM ACTIVE DUTY, HAVE BEEN DISALLOWED. SEE DECISIONS OF MAY 13, 1949, B-83863; MAY 25, 1950, B-94634, COPIES HEREWITH. SEE ALSO 27 COMP. GEN. 274 AND 26 ID. 70. IN THE ABSENCE OF REGULATIONS RECOGNIZING THE MOVEMENT OF HOUSEHOLD EFFECTS FROM ONE PLACE TO ANOTHER IN THE SAME CITY AS A SHIPMENT WHICH IS AUTHORIZED AT GOVERNMENT EXPENSE, THERE WAS NO AUTHORITY FOR THE PAYMENT MADE AND THUS IT WOULD SEEM THAT THE AMOUNT THEREOF SHOULD BE COLLECTED FROM MR. PODOWITZ.