B-122542, APR 20, 1955

B-122542: Apr 20, 1955

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USAF: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 8. YOU WERE RELEASED FROM ASSIGNMENT AND DUTY WITH 3510TH TRAINING SQUADRON AT RANDOLPH AIR FORCE BASE. UNDER WHICH TRANSPORTATION OF HOUSEHOLD EFFECTS WAS PROHIBITED). 215 POUNDS AND THIS EXCEEDED YOUR WEIGHT ALLOWANCE ON A TEMPORARY CHANGE OF STATION YOU WERE CHARGED WITH THE EXCESS COST. THAT THEREAFTER THOSE ORDERS WERE AMENDED (BY PARAGRAPH 2. SHIPMENT WITHIN SPECIFIED WEIGHT ALLOWANCES IS AUTHORIZED INCIDENT TO ORDERS DIRECTING EITHER A PERMANENT OR TEMPORARY CHANGE OF STATION. YOU WERE AUTHORIZED TO SHIP HOUSEHOLD EFFECTS AS FOR A TEMPORARY CHANGE OF STATION ONLY. THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. IS SUSTAINED.

B-122542, APR 20, 1955

PRECIS-UNAVAILABLE

FIRST LIEUTENANT ORVILLE A. REED, JR., USAF:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 8, 1954, REQUESTING REVIEW OF THE SETTLEMENT OF DECEMBER 2, 1954, WHICH DISALLOWED YOUR CLAIM FOR $34.28, REPRESENTING THE AMOUNT COLLECTED FROM YOU AS THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM SAN ANTONIO, TEXAS, TO BIRMINGHAM, ALABAMA.

BY PARAGRAPH 2, SPECIAL ORDERS NO. 15, DATED JANUARY 18, 1952, YOU WERE RELEASED FROM ASSIGNMENT AND DUTY WITH 3510TH TRAINING SQUADRON AT RANDOLPH AIR FORCE BASE, TEXAS (TO WHICH YOU HAD BEEN ASSIGNED BY ORDERS OF SEPTEMBER 11, 1951, UNDER WHICH TRANSPORTATION OF HOUSEHOLD EFFECTS WAS PROHIBITED), AND ASSIGNED TO 90TH BOMB WING, FORBES AIR FORCE BASE, KANSAS, FOR TEMPORARY DUTY AND FURTHER ASSIGNMENT. ON THE BASIS OF THOSE ORDERS YOU SHIPPED YOUR HOUSEHOLD EFFECTS FROM YOUR STATION TO YOUR HOME ON JANUARY 29, 1952. SINCE YOUR EFFECTS WEIGHED 1,215 POUNDS AND THIS EXCEEDED YOUR WEIGHT ALLOWANCE ON A TEMPORARY CHANGE OF STATION YOU WERE CHARGED WITH THE EXCESS COST. IN YOUR PRESENT LETTER YOU PLACE RELIANCE ON THE FACT THAT SUBSEQUENT ORDERS (PARAGRAPH 19, SPECIAL ORDERS NO. 72, DATED MARCH 25, 1952, TRANSFERRING YOU TO CAMP STONEMAN, CALIFORNIA, FOR FURTHER ASSIGNMENT TO FAR EAST AIR FORCE) CONTAINED A CERTAIN SENTENCE, AND THAT THEREAFTER THOSE ORDERS WERE AMENDED (BY PARAGRAPH 2, SPECIAL ORDERS NO. 25, DATED JANUARY 30, 1953) TO DELETE THAT SENTENCE. THE PERTINENT SENTENCE READS: "PARS DESIRING EVENT OF DEPNS AND TEMP STOR OR SHPMT OF HHLD GOODS TO DESIG LOC W/IN 21 MUST OBTAIN APPL FR HQ SAC, ATTN: DM-5A."

UNDER THE LAW AND REGULATIONS GOVERNING THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF SERVICE PERSONNEL AT GOVERNMENT EXPENSE, SHIPMENT WITHIN SPECIFIED WEIGHT ALLOWANCES IS AUTHORIZED INCIDENT TO ORDERS DIRECTING EITHER A PERMANENT OR TEMPORARY CHANGE OF STATION. SUBSEQUENT ORDERS, ISSUED AFTER THE CHANGE OF STATION HAS BEEN EFFECTED AND THE SHIPMENT MADE, MAY NOT BE CONSIDERED AS INCREASING OR DECREASING THE SHIPPING RIGHTS UNDER THE ORIGINAL ORDERS. THUS, ON THE BASIS OF THE ORDERS OF JANUARY 18, 1952, YOU WERE AUTHORIZED TO SHIP HOUSEHOLD EFFECTS AS FOR A TEMPORARY CHANGE OF STATION ONLY, AND NEITHER THE INCLUSION OF THE QUOTED SENTENCE IN SUBSEQUENT ORDERS, NOR ITS SUBSEQUENT DELETION, AFFECTED YOUR RIGHTS UNDER THE ORDERS OF JANUARY 18, 1952. SUCH BEING THE CASE, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM, AND THE SETTLEMENT OF DECEMBER 2, 1954, IS SUSTAINED.