B-124764, OCT. 3, 1955
Highlights
YOU WERE TO BE DETACHED FROM DUTY AT REYKJAVIK. UPON COMPLETION OF WHICH YOU WERE TO PROCEED TO YOUR HOME FOR RELEASE FROM ACTIVE DUTY. SHOWS THAT YOU WERE DETACHED ON THAT DATE AND THAT YOUR HOME OF RECORD IS OMAHA. FURTHER SHIPMENT WAS REFUSED FOR THE REASON THAT YOUR ORDERS DID NOT SHOW YOUR HOME OF RECORD. THAT WHEN YOU WERE UNABLE TO OBTAIN MODIFICATION OF YOUR ORDERS. WERE SHIPPED FROM WESTOVER TO VICTOR BY EXPRESS ON JANUARY 8. THE AMOUNT ALLOWED BY THE SETTLEMENT REPRESENTS THE COST WHICH WOULD HAVE BEEN INCURRED HAD THE SHIPMENT BEEN MADE BY FREIGHT. IN YOUR PRESENT LETTER YOU EXPRESS THE BELIEF THAT YOUR CLAIM SHOULD BE ALLOWED IN FULL FOR THE REASON THAT YOU WERE NOT RESPONSIBLE FOR THE ACTION TAKEN.
B-124764, OCT. 3, 1955
TO MR. EDGAR W. KERSENBROCK:
THERE HAS BEEN RECEIVED BY REFERENCE FROM THE DEPARTMENT OF THE NAVY YOUR LETTER DATED MAY 10, 1955, REQUESTING REVIEW OF THE SETTLEMENT OF MARCH 7, 1955, WHICH ALLOWED $14.16 AS REIMBURSEMENT FOR THE COST OF SHIPPING YOUR PERSONAL EFFECTS FROM WESTOVER, MASSACHUSETTS, TO VICTOR, IOWA, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AS LIEUTENANT COMMANDER, U.S. NAVAL RESERVE.
BY CHIEF OF NAVAL PERSONNEL ORDERS DATED SEPTEMBER 15, 1953, WHEN RELIEVED AND DIRECTED BY PROPER AUTHORITY IN JANUARY 1954, YOU WERE TO BE DETACHED FROM DUTY AT REYKJAVIK, ICELAND, AND RETURNED TO THE UNITED STATES FOR SEPARATION PROCESSING, UPON COMPLETION OF WHICH YOU WERE TO PROCEED TO YOUR HOME FOR RELEASE FROM ACTIVE DUTY. FIRST ENDORSEMENT DATED JANUARY 19, 1954, SHOWS THAT YOU WERE DETACHED ON THAT DATE AND THAT YOUR HOME OF RECORD IS OMAHA, NEBRASKA. THE RECORD INDICATES THAT SHORTLY AFTER YOU RECEIVED THE ORDERS YOU REQUESTED SHIPMENT OF PERSONAL EFFECTS FROM KEFLAVIK AIR FORCE BASE, ICELAND, TO VICTOR, IOWA; THAT UPON ARRIVAL OF YOUR EFFECTS AT WESTOVER, MASSACHUSETTS, FURTHER SHIPMENT WAS REFUSED FOR THE REASON THAT YOUR ORDERS DID NOT SHOW YOUR HOME OF RECORD, AND THAT WHEN YOU WERE UNABLE TO OBTAIN MODIFICATION OF YOUR ORDERS, YOU REQUESTED THE COMMERCIAL TRANSPORTATION OFFICER AT WESTOVER TO FORWARD YOUR EFFECTS BY EXPRESS, COLLECT, TO VICTOR, IOWA. YOUR EFFECTS, WEIGHING 324 POUNDS, WERE SHIPPED FROM WESTOVER TO VICTOR BY EXPRESS ON JANUARY 8, 1954, AT A PERSONAL EXPENSE OF $33.74. THE AMOUNT ALLOWED BY THE SETTLEMENT REPRESENTS THE COST WHICH WOULD HAVE BEEN INCURRED HAD THE SHIPMENT BEEN MADE BY FREIGHT. IN YOUR PRESENT LETTER YOU EXPRESS THE BELIEF THAT YOUR CLAIM SHOULD BE ALLOWED IN FULL FOR THE REASON THAT YOU WERE NOT RESPONSIBLE FOR THE ACTION TAKEN.
PARAGRAPH 8052, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN CERTAIN ARTICLES ARE REQUIRED FOR USE IN CARRYING OUT ASSIGNED DUTIES OR ARE REQUIRED BECAUSE OF EXIGENCIES OF THE SERVICE AND SHIPMENT BY ORDINARY MEANS WILL NOT SERVE THE PURPOSE, SHIPMENT OF NOT TO EXCEED 500 POUNDS IS AUTHORIZED TO BE MADE BY EXPRESS AT GOVERNMENT EXPENSE BETWEEN CERTAIN POINTS WITHIN THE UNITED STATES INCLUDING FROM LAST STATION TO HOME UPON SEPARATION FROM THE SERVICE, AND TO OR FROM PORTS OF EMBARKATION IN CONNECTION THEREWITH. IT SEEMS CLEAR THAT SHIPMENT OF YOUR EFFECTS BY EXPRESS TO VICTOR, IOWA, WAS NOT AUTHORIZED BY THOSE REGULATIONS. THAT SHIPMENT WAS MADE FROM A POINT IN THE UNITED STATES 11 DAYS BEFORE YOU WERE DETACHED FROM YOUR STATION OVERSEAS. IT SEEMS APPARENT THAT UNDER SUCH CIRCUMSTANCES SHIPMENT BY EXPRESS WAS NOT REQUIRED IN CARRYING OUT YOUR ASSIGNED DUTIES NOR WAS IT REQUIRED BECAUSE OF EXIGENCIES OF THE SERVICE. SHIPMENT BY ORDINARY MEANS WOULD HAVE MET ANY NEEDS OF THE SERVICE WHICH MAY HAVE BEEN INVOLVED.
ACCORDINGLY, THE SETTLEMENT OF MARCH 7, 1955, WAS CORRECT AND IS SUSTAINED.