B-120478, JAN 5, 1955

B-120478: Jan 5, 1955

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WEISS: REFERENCE IS MADE TO YOUR LETTERS OF MAY 15 AND NOVEMBER 10. YOU WERE DETACHED FROM DUTY AT U.S. THAT YOUR HOME OF RECORD WAS NEW YORK. WERE SHIPPED AT GOVERNMENT EXPENSE FROM YOUR LAST STATION TO YOUR HOME INCIDENT TO SUCH ORDERS. WAS MADE FROM BROOKLYN. AT GOVERNMENT EXPENSE AND YOU WERE REQUIRED TO REFUND THE COST INCURRED. IN YOUR PRESENT LETTER YOU EXPRESS THE OPINION THAT YOU ARE ENTITLED TO REIMBURSEMENT ON THE BASIS OF PUBLIC LAW 40. IT DOES NOT APPLY TO HOUSEHOLD EFFECTS WHICH WERE IN FACT SHIPPED FROM LAST STATION TO HOME UPON RELEASE FROM ACTIVE DUTY AND LATER FROM THE HOME TO A SELECTED PLACE. THE REIMBURSEMENT TO WHICH YOU NOW ARE ENTITLED IS LIMITED TO THE COST OF SHIPPING THE DIFFERENCE.

B-120478, JAN 5, 1955

PRECIS-UNAVAILABLE

MR. JOSEPH L. WEISS:

REFERENCE IS MADE TO YOUR LETTERS OF MAY 15 AND NOVEMBER 10, 1954, REQUESTING REVIEW OF THE SETTLEMENT OF MAY 10, 1954, WHICH DISALLOWED YOUR CLAIM FOR $28.02 REPRESENTING THE AMOUNT REFUNDED BY YOU AS THE COST OF SHIPPING 444 POUNDS OF HOUSEHOLD EFFECTS FROM BROOKLYN, NEW YORK, TO SAN FRANCISCO, CALIFORNIA, SUBSEQUENT TO YOUR RELEASE FROM ACTIVE DUTY AS LIEUTENANT, UNITED STATES NAVAL RESERVE.

THE RECORD SHOWS THAT BY ORDERS DATED OCTOBER 9, 1945, YOU WERE DETACHED FROM DUTY AT U.S. NAVAL AIR STATION, RICHMOND, FLORIDA, AND RELEASED FROM ALL ACTIVE DUTY EFFECTIVE OCTOBER 18, 1945; THAT YOUR HOME OF RECORD WAS NEW YORK, NEW YORK, AND THAT HOUSEHOLD EFFECTS, WEIGHING 272 POUNDS, WERE SHIPPED AT GOVERNMENT EXPENSE FROM YOUR LAST STATION TO YOUR HOME INCIDENT TO SUCH ORDERS. SUBSEQUENTLY, A SECOND SHIPMENT, WEIGHING 444 POUNDS, WAS MADE FROM BROOKLYN, NEW YORK, TO SAN FRANCISCO, CALIFORNIA, AT GOVERNMENT EXPENSE AND YOU WERE REQUIRED TO REFUND THE COST INCURRED. IN YOUR PRESENT LETTER YOU EXPRESS THE OPINION THAT YOU ARE ENTITLED TO REIMBURSEMENT ON THE BASIS OF PUBLIC LAW 40, APPROVED MAY 27, 1953, 67 STAT. 38.

THE ACT TO WHICH YOU REFER AUTHORIZES REIMBURSEMENT IN CERTAIN CASES FOR SHIPMENT OF HOUSEHOLD EFFECTS FROM HOME OF RECORD TO A SELECTED PLACE FOLLOWING RELEASE FROM ACTIVE DUTY, SUCH REIMBURSEMENT BEING LIMITED EXPRESSLY TO THE CONSTRUCTIVE COST OF TRANSPORTATION OF A LIKE WEIGHT FROM LAST DUTY STATION TO HOME OF RECORD. IT DOES NOT APPLY TO HOUSEHOLD EFFECTS WHICH WERE IN FACT SHIPPED FROM LAST STATION TO HOME UPON RELEASE FROM ACTIVE DUTY AND LATER FROM THE HOME TO A SELECTED PLACE. IN YOUR CASE, SINCE 272 POUNDS OF YOUR EFFECTS PREVIOUSLY HAD BEEN SHIPPED AT GOVERNMENT EXPENSE FROM YOUR LAST DUTY STATION TO HOME OF RECORD INCIDENT TO THE ORDERS RELEASING YOU FROM ACTIVE DUTY, THE REIMBURSEMENT TO WHICH YOU NOW ARE ENTITLED IS LIMITED TO THE COST OF SHIPPING THE DIFFERENCE, OR 172 POUNDS, FROM NEW YORK, NEW YORK, TO SAN FRANCISCO, CALIFORNIA, NOT TO EXCEED THE COST OF SHIPPING A LIKE WEIGHT FROM RICHMOND, FLORIDA, TO NEW YORK, NEW YORK, OR $5.14. A SETTLEMENT FOR THAT AMOUNT WILL ISSUE IN DUE COURSE.