B-125120, NOV. 25, 1955

B-125120: Nov 25, 1955

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USN: REFERENCE IS MADE TO A LETTER DATED JUNE 23. YOU WERE TRANSFERRED FROM SAIPAN. YOU WERE DISCHARGED AT THAT STATION FOR THE PURPOSE OF IMMEDIATE REENLISTMENT. YOU WERE TRANSFERRED TO U.S. THE ADDRESS SHOWN WAS 1508 POLK STREET. WAS SHIPPED FROM NAVAL SUPPLY CENTER. THE SAME BOX WAS SHIPPED FROM WICHITA FALLS TO HAYWARD AT A COST OF $16.86. OTHERWISE IT WAS TO BE HELD UNTIL YOU RETURNED FROM LEAVE. SHE FURTHER SAYS THAT THE SHIPMENT WAS MADE IN ERROR WITHOUT YOUR CONSENT PRIOR TO FINAL ARRANGEMENTS. THAT UPON ITS ARRIVAL AT WICHITA FALLS IT WAS ACCEPTED BY YOUR MOTHER-IN-LAW IN YOUR ABSENCE AND FORWARDED BY HER TO HAYWARD. THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949.

B-125120, NOV. 25, 1955

TO DONALD R. CHICK, SKG1, USN:

REFERENCE IS MADE TO A LETTER DATED JUNE 23, 1955, FROM YOUR WIFE, REQUESTING IN YOUR BEHALF REVIEW OF THE SETTLEMENT OF JUNE 2, 1955, WHICH DISALLOWED YOUR CLAIM FOR $35.92, REPRESENTING THE COST OF CERTAIN SHIPMENTS OF YOUR HOUSEHOLD AND PERSONAL EFFECTS.

BY ORDERS DATED JUNE 14, 1954, YOU WERE TRANSFERRED FROM SAIPAN, MARIANAS ISLANDS, TO U.S. NAVAL RECEIVING STATION, SAN FRANCISCO, CALIFORNIA. AUGUST 23, 1954, YOU WERE DISCHARGED AT THAT STATION FOR THE PURPOSE OF IMMEDIATE REENLISTMENT. YOU REENLISTED THE NEXT DAY AT THE SAME STATION. BY ORDERS DATED OCTOBER 11, 1954, YOU WERE TRANSFERRED TO U.S. NAVAL SHIPYARD, PUGET SOUND, WASHINGTON, FOR TEMPORARY DUTY IN THE CONVERSION OF THE U.S.S. SHANGRI LA CVA 38, AND FOR DUTY ON BOARD WHEN COMMISSIONED. JULY 15, 1954, YOU EXECUTED AN APPLICATION FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS, WEIGHING 3,161 POUNDS, FROM NAVAL SUPPLY DEPOT, GUAM, MARIANAS ISLANDS, TO NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA,"TO HOLD.' ON JULY 30, 1954, YOU SHIPPED TWO ITEMS OF PERSONAL EFFECTS (ONE BOX AND ONE SEA CHEST), WEIGHING 146 POUNDS, FROM SAN FRANCISCO PORT OF EMBARKATION TO YOUR HOME, HAYWARD, CALIFORNIA, BY EXPRESS AT A COST OF $4.29. ALSO, THE RECORD SHOWS THAT YOU SIGNED AN UNDATED APPLICATION REQUESTING THE "RELEASE TO CARRIER FOR SHIPMENT OWNERS EXPENSE TO ABOVE ADDRESS," OF "PC NO. 7.' THE ADDRESS SHOWN WAS 1508 POLK STREET, WICHITA FALLS, TEXAS. AUGUST 25, 1955, ONE BOX(NO. 7), WEIGHING 215 POUNDS, WAS SHIPPED FROM NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA, TO WICHITA FALLS, TEXAS, AT A COST OF $14.77. THE BILL OF LADING BORE THE NOTATION "CONSIGNEE HAS AUTHORIZED THIS SHIPMENT COLLECT.' ON SEPTEMBER 15, 1954, THE SAME BOX WAS SHIPPED FROM WICHITA FALLS TO HAYWARD AT A COST OF $16.86. MRS. CHICK SAYS THAT AFTER RETURNING TO THE UNITED STATES AND PRIOR TO DEPARTING FOR WICHITA FALLS ON LEAVE YOU EXECUTED, AT THE SUGGESTION OF NAVY DEPARTMENT PERSONNEL, THE APPLICATION FOR SHIPMENT OF "PC NO. 7" TO YOUR LEAVE ADDRESS, WITH THE UNDERSTANDING THAT THE BOX WOULD BE SHIPPED UPON FURTHER NOTICE FROM YOU, OTHERWISE IT WAS TO BE HELD UNTIL YOU RETURNED FROM LEAVE. SHE FURTHER SAYS THAT THE SHIPMENT WAS MADE IN ERROR WITHOUT YOUR CONSENT PRIOR TO FINAL ARRANGEMENTS, AND THAT UPON ITS ARRIVAL AT WICHITA FALLS IT WAS ACCEPTED BY YOUR MOTHER-IN-LAW IN YOUR ABSENCE AND FORWARDED BY HER TO HAYWARD, THUS RESULTING IN TWO FREIGHT CHARGES THROUGH NO FAULT OF YOUR OWN.

THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. THOSE REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDE (PARAGRAPH 8008-2), THAT, WHEN A MEMBER IS ORDERED FROM AN OVERSEAS PERMANENT STATION AND DIRECTED TO PROCEED TO THE UNITED STATES, HOUSEHOLD GOODS MAY BE SHIPPED FROM THE OVERSEAS STATION TO THE POINT IN THE UNITED STATES TO WHICH ORDERED TO REPORT; THAT IF ORDERS TO A NEW PERMANENT STATION ARE NOT AVAILABLE UPON ARRIVAL OF THE HOUSEHOLD GOODS AT THE POINT TO WHICH SHIPPED THEY MAY BE PLACED IN STORAGE, AND THAT, UPON RECEIPT OF FURTHER ORDERS FIXING A NEW PERMANENT STATION, THE SAME PROPERTY MAY BE RESHIPPED TO THE NEW STATION.

THUS, ON THE BASIS OF THE ORDERS OF JUNE 14, 1954, YOU WERE ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS FROM YOUR OVERSEAS STATION TO SAN FRANCISCO, CALIFORNIA. NO SHIPPING RIGHTS, HOWEVER, ATTACHED TO YOUR DISCHARGE AND IMMEDIATE REENLISTMENT AT THE SAME STATION, AND SINCE ORDERS ASSIGNING YOU TO A NEW PERMANENT STATION WERE NOT ISSUED UNTIL OCTOBER 11, 1954, THERE WAS NO AUTHORITY FOR THE SHIPMENTS FROM SAN FRANCISCO (OR OAKLAND), TO YOUR HOME OR TO YOUR LEAVE ADDRESS, NOR FROM THE LATTER PLACE TO YOUR HOME. RESPECTING THE ALLEGED ERROR IN SHIPMENT TO WICHITA FALLS, IT MAY BE STATED THAT PARAGRAPH 8013-2 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHERE HOUSEHOLD GOODS HAVE BEEN IMPROPERLY SHIPPED, NOT BECAUSE OF FAULT OF THE MEMBER, THEY MAY BE FORWARDED TO THE PROPER DESTINATION AT GOVERNMENT EXPENSE UPON APPROVAL OF THE SERVICE CONCERNED. THERE IS NOTHING IN THE RECORD, HOWEVER, TO SUPPORT THE ALLEGATION OF IMPROPER SHIPMENT BY THE GOVERNMENT, THE COMMANDING OFFICER OF THE NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA, HAVING REPORTED THAT "THERE IS NO INDICATION THAT THE SHIPMENT WAS TO BE HELD PENDING NOTIFICATION OF THE CARRIER.'

ACCORDINGLY, ON THE PRESENT RECORD THERE BEING NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM, THE SETTLEMENT OF JUNE 2, 1955, IS SUSTAINED.