B-116871, OCTOBER 1, 1953, 33 COMP. GEN. 136

B-116871: Oct 1, 1953

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AN ENLISTEE IN THE AIR FORCE IN A GRADE FOR WHICH THE SHIPMENT OF HOUSEHOLD GOODS IS AUTHORIZED IS ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS FROM HOME TO FIRST PERMANENT STATION AT GOVERNMENT EXPENSE EVEN THOUGH SUCH EFFECTS WERE SHIPPED TO HOME AT GOVERNMENT EXPENSE INCIDENT TO RELIEF FROM A PRIOR PERIOD OF ACTIVE DUTY. REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED. STAFF SERGEANT CONNORS WAS RELIEVED FROM ACTIVE DUTY EFFECTIVE AUGUST 7. IT BEING SHOWN THAT HIS HOME OF RECORD IS DEDHAM. HIS HOUSEHOLD EFFECTS WERE SHIPPED FROM SELMA. HE WAS ASSIGNED TO DUTY AT THAT BASE. WERE MOVED BY VAN PURSUANT TO HEADQUARTERS BOSTON ARMY BASE ORDER NO. YOU REQUEST AN ADVANCE DECISION AS TO WHETHER THE MEMBER WAS ENTITLED TO SHIPMENT OF HIS HOUSEHOLD EFFECTS FROM CRAIG AIR FORCE BASE TO HIS HOME INCIDENT TO HIS RELEASE FROM ACTIVE DUTY.

B-116871, OCTOBER 1, 1953, 33 COMP. GEN. 136

TRANSPORTATION - HOUSEHOLD EFFECTS - FIRST DUTY STATION - REENLISTMENT UNDER SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949 AND PARAGRAPH 8009-2A OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT THERETO, AN ENLISTEE IN THE AIR FORCE IN A GRADE FOR WHICH THE SHIPMENT OF HOUSEHOLD GOODS IS AUTHORIZED IS ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS FROM HOME TO FIRST PERMANENT STATION AT GOVERNMENT EXPENSE EVEN THOUGH SUCH EFFECTS WERE SHIPPED TO HOME AT GOVERNMENT EXPENSE INCIDENT TO RELIEF FROM A PRIOR PERIOD OF ACTIVE DUTY.

COMPTROLLER GENERAL WARREN TO LIEUTENANT COLONEL JOHN A. TOWNLEY, DEPARTMENT OF THE ARMY, OCTOBER 1, 1953:

THERE HAS BEEN RECEIVED FROM THE CHIEF OF FINANCE BY FIRST ENDORSEMENT DATED AUGUST 28, 1953, YOUR LETTER DATED AUGUST 17, 1953, TRANSMITTING A VOUCHER IN FAVOR OF AMERICAN MOVERS, INC., IN THE SUM OF $81.95 FOR MOVING THE HOUSEHOLD GOODS OF STAFF SERGEANT WILLIAM L. CONNORS ( AF 11090070), FROM WATERTOWN, MASSACHUSETTS, TO FALMOUTH, MASSACHUSETTS, AND REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED.

BY PARAGRAPH 12, SPECIAL ORDERS NO. 179, CRAIG AIR FORCE BASE, ALABAMA, DATED JULY 25, 1952, STAFF SERGEANT CONNORS WAS RELIEVED FROM ACTIVE DUTY EFFECTIVE AUGUST 7, 1952, IT BEING SHOWN THAT HIS HOME OF RECORD IS DEDHAM, MASSACHUSETTS. HIS HOUSEHOLD EFFECTS WERE SHIPPED FROM SELMA, ALABAMA, TO STORAGE WITH AMERICAN MOVERS, INC., AT WATERTOWN, MASSACHUSETTS, AT PUBLIC EXPENSE. ON AUGUST 22, 1952, HE REENLISTED AS AIRMAN FIRST CLASS AT OTIS AIR FORCE BASE, FALMOUTH, MASSACHUSETTS, WHERE BY PARAGRAPH 1 SPECIAL ORDERS NO. 149, DATED AUGUST 25, 1952, HE WAS ASSIGNED TO DUTY AT THAT BASE. ON OCTOBER 9, 1952, HE APPLIED FOR SHIPMENT OF HIS HOUSEHOLD EFFECTS FROM STORAGE IN WATERTOWN TO FALMOUTH, MASSACHUSETTS. HIS EFFECTS, WEIGHING 3,060 POUNDS, WERE MOVED BY VAN PURSUANT TO HEADQUARTERS BOSTON ARMY BASE ORDER NO. TC 1850 AT A BILLED COST OF $81.95, INCLUDING TRANSPORTATION TAX. YOU REQUEST AN ADVANCE DECISION AS TO WHETHER THE MEMBER WAS ENTITLED TO SHIPMENT OF HIS HOUSEHOLD EFFECTS FROM CRAIG AIR FORCE BASE TO HIS HOME INCIDENT TO HIS RELEASE FROM ACTIVE DUTY, AND THENCE TO OTIS AIR FORCE BASE UPON REENLISTMENT, OR WHETHER, IN VIEW OF PARAGRAPH 8009-2B, JOINT TRAVEL REGULATIONS, HIS ENTITLEMENT IS LIMITED TO SHIPMENT FROM CRAIG AIR FORCE BASE TO OTIS AIR FORCE BASE.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UPON CHANGE OF STATION MEMBERS SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECT TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. THE LEGISLATIVE HISTORY OF THIS SECTION (SO FAR AS IS HERE CONCERNED) CLEARLY SHOWS THAT THE CONGRESS INTENDED TO AUTHORIZE SHIPMENT OF HOUSEHOLD EFFECTS OF MEMBERS, WHETHER REGULARS OR MEMBERS OF RESERVE COMPONENTS,"UPON ORIGINAL APPOINTMENT OR ENLISTMENT IN THE SERVICE AND UPON FINAL SEPARATION FROM THE SERVICE.' (PAGE 15, HOUSE REPORT 583; PAGE 19, HOUSE REPORT 779, AND PAGE 22, SENATE REPORT 733). IN CARRYING OUT THIS LEGISLATIVE INTENT THE SECRETARIES PROMULGATED PARAGRAPHS 8009-2A AND 8009-5, JOINT TRAVEL REGULATIONS WHICH AUTHORIZE SHIPMENT OF HOUSEHOLD EFFECTS FROM HOME TO FIRST PERMANENT STATION WHEN INITIALLY REPORTING UPON APPOINTMENT, REAPPOINTMENT OR ENLISTMENT, AND FROM LAST STATION TO HOME UPON SEPARATION FROM THE SERVICE. IN ADDITION, THE REGULATIONS PROVIDE THAT, UPON SUBSEQUENT REPORTING, THE PROVISIONS OF SUBPARAGRAPH 2B OF PARAGRAPH 8009 "MAY BE USED IN LIEU OF" THE COMBINED PROVISIONS OF SUBPARAGRAPH 2A AND 5 FOR MEMBERS WHO ARE DETACHED FROM A PERMANENT STATION FOR THE PURPOSE OF DISCHARGE OR RELEASE FROM ACTIVE DUTY UNDER HONORABLE CONDITIONS BUT WHO REENTER THE SERVICE CONCERNED IN A GRADE FOR WHICH THE SHIPMENT OF HOUSEHOLD GOODS IS AUTHORIZED WITHIN ONE YEAR FROM THE DATE OF SUCH DISCHARGE OR RELEASE FROM ACTIVE DUTY, FROM THE LAST PERMANENT STATION OR PLACE OF STORAGE PRIOR TO DISCHARGE TO THE NEW PERMANENT DUTY STATION UPON RECEIPT OF ORDERS ASSIGNING SUCH NEW STATION, IN WHICH CASE THE CHANGE FROM THE LAST PERMANENT DUTY STATION (PRIOR TO DISCHARGE) TO THE NEW DUTY STATION UPON REENLISTMENT WILL BE CONSIDERED AS ONE PERMANENT CHANGE OF STATION.

IT SEEMS CLEAR THAT THE MEMBER UPON DISCHARGE AS STAFF SERGEANT WAS ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS FROM HIS LAST PERMANENT STATION ( CRAIG AIR FORCE BASE, ALABAMA) TO HIS HOME OF RECORD ( DEDHAM, MASSACHUSETTS) OR TO SOME OTHER POINT AT NO GREATER COST. SUCH ENTITLEMENT HAVING BEEN EXERCISED BY ACTUAL SHIPMENT, IT MAY NOT BE DEFEATED BY HIS SUBSEQUENT ENLISTMENT IN A GRADE ENTITLING HIM TO SHIPMENT OF HOUSEHOLD EFFECTS FROM HOME ( DEDHAM, MASSACHUSETTS) TO HIS FIRST PERMANENT STATION ( OTIS AIR FORCE BASE, MASSACHUSETTS). THE APPARENT PURPOSE OF SUBPARAGRAPH 2B IS TO "PERMIT" SHIPMENT DIRECTLY FROM THE OLD PERMANENT STATION TO THE NEW UPON REENLISTMENT WITHIN ONE YEAR AFTER DISCHARGE WHERE DESIRED BY THE MEMBER, AND IT WOULD APPEAR TO HAVE NO APPLICATION IN THE CASE OF A MEMBER WHOSE EFFECTS IN FACT WERE SHIPPED FROM HIS LAST PERMANENT STATION UPON DISCHARGE AND WHO SUBSEQUENTLY ENTERS A NEW ENLISTMENT IN A GRADE ENTITLING HIM TO SHIPMENT TO HIS FIRST PERMANENT STATION.

ACCORDINGLY, THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH. PAYMENT, IF OTHERWISE CORRECT, MAY BE MADE TO AMERICAN MOVERS INCORPORATED FOR THE SERVICES ORDERED. HOWEVER, SINCE SERGEANT CONNOR'S ENTITLEMENT WAS TO SHIPMENT OF EFFECTS FROM CRAIG AIR FORCE BASE TO HIS HOME, DEDHAM, MASSACHUSETTS, AND THENCE TO FALMOUTH UPON REENLISTMENT, HE SHOULD BE CHECKED FOR ANY EXCESS COSTS WHICH MAY HAVE RESULTED FROM SHIPMENT AS MADE, FIRST TO WATERTOWN AND THENCE TO FALMOUTH.