B-122262, MAR 30, 1955

B-122262: Mar 30, 1955

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BUCKNER: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 20. YOU WERE DETACHED FROM DUTY AT BAINBRIDGE. IT BEING SHOWN THAT YOUR HOME OF RECORD AND PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY WAS LUTCHER. 150 POUNDS WERE PACKED AND SHIPPED BY VAN FROM NEW CASTLE. THE EFFECTS REMAINED IN COMMERCIAL STORAGE IN NEW ORLEANS FOR SIX MONTHS AT GOVERNMENT EXPENSE AND WERE SHIPPED FROM NEW ORLEANS TO LUTCHER. YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES SO INCURRED WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 13. THAT YOU WERE ADVISED BY THE SUPPLY OFFICER AT BAINBRIDGE. THAT THE SHIPMENT TO NEW ORLEANS FOR TEMPORARY STORAGE WOULD BE REGARDED AS AN INCOMPLETE MOVEMENT OF YOUR EFFECTS AND THAT YOU WOULD BE ENTITLED TO HAVE THE SHIPMENT COMPLETED FROM STORAGE TO YOUR HOME AT GOVERNMENT EXPENSE.

B-122262, MAR 30, 1955

PRECIS-UNAVAILABLE

N.W. BUCKNER:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 20, 1954, REQUESTING REVIEW OF SETTLEMENT DATED OCTOBER 13, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM STORAGE IN NEW ORLEANS, LOUISIANA, TO LUTCHER, LOUISIANA, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AS LIEUTENANT, UNITED STATES NAVAL RESERVE.

BY ORDERS DATED MAY 5, 1953, YOU WERE DETACHED FROM DUTY AT BAINBRIDGE, MARYLAND, AND RELEASED FROM ACTIVE DUTY EFFECTIVE JULY 19, 1953, IT BEING SHOWN THAT YOUR HOME OF RECORD AND PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY WAS LUTCHER, LOUISIANA. UPON YOUR APPLICATION DATED JULY 2, 1953, YOUR HOUSEHOLD EFFECTS WEIGHING 5,150 POUNDS WERE PACKED AND SHIPPED BY VAN FROM NEW CASTLE, DELAWARE, TO A PLACE OF COMMERCIAL STORAGE IN NEW ORLEANS, LOUISIANA, ON GOVERNMENT BILL OF LADING NO. N-31149331, DATED JULY 6, 1953, AT A COST TO THE GOVERNMENT OF $562.81, PAID ON VOUCHER NO. 251579, NOVEMBER 1953 ACCOUNTS OF FRITZ R. KAHN. THE EFFECTS REMAINED IN COMMERCIAL STORAGE IN NEW ORLEANS FOR SIX MONTHS AT GOVERNMENT EXPENSE AND WERE SHIPPED FROM NEW ORLEANS TO LUTCHER, LOUISIANA, ON FEBRUARY 6, 1954, AT PERSONAL EXPENSE OF $79.31. YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES SO INCURRED WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 13, 1954. IN YOUR REQUEST FOR REVIEW YOU SAY, IN SUBSTANCE, THAT YOU WERE ADVISED BY THE SUPPLY OFFICER AT BAINBRIDGE, MARYLAND, THAT THE SHIPMENT TO NEW ORLEANS FOR TEMPORARY STORAGE WOULD BE REGARDED AS AN INCOMPLETE MOVEMENT OF YOUR EFFECTS AND THAT YOU WOULD BE ENTITLED TO HAVE THE SHIPMENT COMPLETED FROM STORAGE TO YOUR HOME AT GOVERNMENT EXPENSE.

PARAGRAPH 8009-5, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UPON RELEASE FROM ACTIVE DUTY MEMBERS OF THE RESERVE COMPONENTS OF THE UNIFORMED SERVICES MAY SHIP HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FROM LAST OR ANY PREVIOUS PERMANENT DUTY STATION, OR PLACE OF STORAGE IN CONNECTION THEREWITH, TO HOME. PARAGRAPH 8013-1 OF THE SAME REGULATIONS PROVIDES THAT THE AUTHORITY FOR SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE EXTENDS ONLY TO THE THROUGH SHIPMENT TO AUTHORIZED ULTIMATE DESTINATION OF THE SAME LOT OF HOUSEHOLD EFFECTS, AND THAT SHIPMENT MAY NOT BE MADE FOR THE CONVENIENCE OF THE SHIPPER TO SOME OTHER PLACE FOR RESHIPMENT LATER TO THE AUTHORIZED ULTIMATE DESTINATION. HENCE, YOU MAY NOT BE REIMBURSED THE FULL COST TO YOU OF THE SHIPMENT FROM NEW ORLEANS TO LUTCHER. HOWEVER, SINCE THE EVIDENCE OF RECORD TENDS TO SUPPORT YOUR CONTENTION THAT IT WAS YOUR UNDERSTANDING, AND THAT OF THE SUPPLY OFFICER, AT THE TIME SHIPMENT WAS COMMENCED THAT NEW ORLEANS WAS NOT TO BE THE ULTIMATE DESTINATION OF THE SHIPMENT, AND SINCE SUCH ULTIMATE DESTINATION IN FACT WAS LUTCHER, LOUISIANA, YOU MAY BE REIMBURSED IN PART FOR THE COST OF THE SHIPMENT MADE BY YOU COMPUTED ON THE BASIS OF THE COST TO THE GOVERNMENT HAD THROUGH SHIPMENT BEEN MADE FROM NEW CASTLE, DELAWARE, TO LUTCHER, LOUISIANA, YOUR HOME, LESS THE AMOUNT PAID FOR SHIPMENT FROM NEW CASTLE TO NEW ORLEANS.

A SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.