B-120972, DEC 10, 1954

B-120972: Dec 10, 1954

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TC: REFERENCE IS MADE TO YOUR LETTERS OF JUNE 10 AND NOVEMBER 12. YOU WERE DIRECTED TO PROCEED TO FORT ORD. IT FURTHER APPEARS THAT THE FOOTLOCKER ARRIVED AT THE FREIGHT STATION IN PASADENA WHILE YOU WERE AT HOME ON LEAVE AND. THE DEPARTMENT OF THE ARMY REPORTED THAT AT THE TIME INVOLVED THERE WAS A CONTRACT IN EFFECT IN THE LOS ANGELES AREA WHICH PROVIDED FOR HAULING HOUSEHOLD EFFECTS FROM FREIGHT STATION TO RESIDENCE AT THE RATE OF TEN CENTS A HUNDREDWEIGHT WITH NO REQUIREMENT FOR PAYMENT OF A MINIMUM CHARGE. YOUR CLAIM WAS SETTLED ON THE BASIS OF SUCH CONTRACT. THAT WHERE SUCH SHIPMENTS ARE MADE AT PERSONAL EXPENSE REIMBURSEMENT SHALL BE LIMITED TO THE COST WHICH WOULD HAVE BEEN INCURRED HAD THE SERVICES BEEN RENDERED BY THE GOVERNMENT.

B-120972, DEC 10, 1954

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL GEORGE C. LARMER, TC:

REFERENCE IS MADE TO YOUR LETTERS OF JUNE 10 AND NOVEMBER 12, 1954, RELATIVE TO YOUR CLAIM FOR REIMBURSEMENT FOR EXPENSES INCURRED AUGUST 14, 1953, IN TRANSPORTING PERSONAL EFFECTS, CONSISTING OF ONE FOOTLOCKER WEIGHING 100 POUNDS, FROM THE FREIGHT STATION TO YOUR HOME IN PASADENA, CALIFORNIA.

BY PARAGRAPH 58, SPECIAL ORDERS NO. 152, FORT LAWTON, WASHINGTON, DATED JULY 25, 1953, YOU WERE DIRECTED TO PROCEED TO FORT ORD, CALIFORNIA UPON YOUR RETURN FROM OVERSEAS, FOR RELEASE FROM ACTIVE DUTY IN SEPTEMBER 1953. IT APPEARS THAT IN ANTICIPATION OF IMMEDIATE RELEASE FROM ACTIVE DUTY, NOTWITHSTANDING THE FACT YOUR ORDERS SHOWED YOU TO BE IN CATEGORY III SCHEDULED FOR RELEASE IN SEPTEMBER, YOU HAD A FOOTLOCKER CONTAINING PERSONAL WEARING APPAREL SHIPPED DIRECT FROM THE PORT OF DEBARKATION TO YOUR HOME IN PASADENA. IT FURTHER APPEARS THAT THE FOOTLOCKER ARRIVED AT THE FREIGHT STATION IN PASADENA WHILE YOU WERE AT HOME ON LEAVE AND, BECAUSE OF AN IMMEDIATE NEED FOR A PART OF ITS CONTENTS, YOU TRANSPORTED IT TO YOUR RESIDENCE AT A COST TO YOU OF $5, REPRESENTING YOUR TAXI FARE FROM RESIDENCE TO FREIGHT STATION AND RETURN WITH THE FOOTLOCKER, FOR WHICH YOU CLAIM REIMBURSEMENT. THE DEPARTMENT OF THE ARMY REPORTED THAT AT THE TIME INVOLVED THERE WAS A CONTRACT IN EFFECT IN THE LOS ANGELES AREA WHICH PROVIDED FOR HAULING HOUSEHOLD EFFECTS FROM FREIGHT STATION TO RESIDENCE AT THE RATE OF TEN CENTS A HUNDREDWEIGHT WITH NO REQUIREMENT FOR PAYMENT OF A MINIMUM CHARGE. YOUR CLAIM WAS SETTLED ON THE BASIS OF SUCH CONTRACT.

REGULATIONS GOVERNING TRANSPORTATION OF PERSONAL EFFECTS OF MILITARY PERSONNEL AT GOVERNMENT EXPENSE ISSUED PURSUANT TO STATUTORY AUTHORITY CONTAINED IN SECTION 303C OF THE CAREER COMPENSATION ACT, 63 STAT. 814, PROVIDE THAT SHIPMENTS TO OTHER THAN THE NEW STATION MAY BE BY FREIGHT ONLY, AND THAT WHERE SUCH SHIPMENTS ARE MADE AT PERSONAL EXPENSE REIMBURSEMENT SHALL BE LIMITED TO THE COST WHICH WOULD HAVE BEEN INCURRED HAD THE SERVICES BEEN RENDERED BY THE GOVERNMENT. WHILE IT MAY BE THAT BECAUSE OF AN IMMEDIATE NEED FOR ITS CONTENTS YOU COULD NOT AWAIT DELIVERY OF YOUR FOOTLOCKER TO YOUR RESIDENCE AS ORDINARY FREIGHT, SUCH FACT AFFORDS NO LEGAL BASIS FOR REIMBURSEMENT IN AN AMOUNT IN EXCESS OF THAT AUTHORIZED BY APPLICABLE REGULATIONS. SINCE THE AMOUNT SO AUTHORIZED HAS BEEN PAID TO YOU NO FURTHER ALLOWANCE MAY BE MADE.

ACCORDINGLY, THE SETTLEMENT OF MAY 21, 1954, IS SUSTAINED.