B-125864, FEB. 7, 1956

B-125864, FEB. 7, 1956

TO HONORABLE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO LETTER OF OCTOBER 15, 1955, FROM THE ASSISTANT SECRETARY OF THE NAVY, PERSONNEL AND RESERVE FORCES, REQUESTING A DECISION ON THE QUESTION OF THE COST LIMITATION GENERALLY FOR SHIPMENT AT GOVERNMENT EXPENSE OF HOUSEHOLD EFFECTS OF RESERVISTS UPON RELEASE FROM ACTIVE DUTY, AS PROVIDED IN PARAGRAPH 8050-3, JOINT TRAVEL REGULATIONS, AND SPECIFICALLY AS APPLIED TO THE REPRESENTATIVE CASE DESCRIBED IN THE ATTACHED COPY OF A LETTER OF JULY 7, 1955, FROM THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS.

IN THE PARTICULAR CASE PRESENTED, IT IS STATED THAT THE HOUSEHOLD EFFECTS OF LIEUTENANT DANIEL RITTER, JR., USNR, WERE SHIPPED AT GOVERNMENT EXPENSE FROM HIS HOME OF RECORD, PHILADELPHIA, PENNSYLVANIA, TO A SELECTED POINT FOR STORAGE, JOHNSTOWN, PENNSYLVANIA, INCIDENT TO PERMANENT CHANGE OF STATION ORDERS ASSIGNING HIM TO SEA DUTY. LATER HE WAS TRANSFERRED FROM SUCH DUTY TO DUTY AT ALAMEDA, CALIFORNIA, HIS HOUSEHOLD EFFECTS REMAINING IN STORAGE AT JOHNSTOWN. UPON HIS RELEASE FROM ACTIVE DUTY AT ALAMEDA, CALIFORNIA, THE EFFECTS WERE SHIPPED FROM JOHNSTOWN TO STOCKTON, CALIFORNIA. THE QUESTION ARISES AS TO WHETHER THE COST TO THE GOVERNMENT FOR SHIPMENT OF THE EFFECTS FOLLOWING THE OFFICER'S RELEASE FROM ACTIVE DUTY IS LIMITED TO THE COST FROM THE LAST DUTY STATION, ALAMEDA, CALIFORNIA, TO THE HOME OF RECORD, OR FROM THE PLACE OF STORAGE, AT JOHNSTOWN TO PHILADELPHIA, HOME OF RECORD.

PARAGRAPH 8009-5, JOINT TRAVEL REGULATIONS, PROVIDES THAT UPON RELEASE FROM ACTIVE DUTY MEMBERS ARE ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS FROM THE LAST OR ANY PREVIOUS PERMANENT DUTY STATION (OR PLACE OF STORAGE IN CONNECTION THEREWITH) TO HOME. PARAGRAPH 8000-5A OF THE SAME REGULATIONS PROVIDES THAT THE TERM "HOME OF RECORD" IS THE PLACE CURRENTLY RECORDED AS THE HOME OF THE MEMBER, OR THE PLACE AT WHICH THE MEMBER WAS LOCATED WHEN ENLISTED OR ORDERED TO THE RELEVANT TOUR OF ACTIVE DUTY. PARAGRAPH 8000-8 DEFINES "PLACE OF STORAGE" AS ANY PLACE WHERE THE HOUSEHOLD GOODS ARE LOCATED OTHER THAN THE DUTY STATION.

PARAGRAPH 8050-3 OF THE REGULATIONS, UNDER THE TITLES "SHIPPING PROCEDURES"--- "REQUIREMENTS, RESPONSIBILITIES, AND PRIVILEGES OF OWNER"-- - "SPECIAL ROUTING AND SERVICES," PROVIDES THAT UPON THE MEMBER'S WRITTEN REQUEST AND AGREEMENT TO PAY ANY ADDITIONAL COST OCCASIONED THEREBY, THE MEMBER MAY, IF HE SO DESIRES, HAVE SHIPMENTS OF EFFECTS MADE FROM AND TO ANY POINTS. IT FURTHER PROVIDES THAT THE TRANSPORTATION COST AT GOVERNMENT EXPENSE OF ALL SHIPMENTS OTHER THAN THOSE FROM A PREVIOUS DUTY STATION TO THE NEW DUTY STATION IS LIMITED TO THAT WHICH WOULD HAVE BEEN ALLOWED ON A LIKE WEIGHT OF HOUSEHOLD GOODS WITHIN PRESCRIBED WEIGHT ALLOWANCE SHIPPED IN ONE LOT FROM THE LAST DUTY STATION TO THE NEW DUTY STATION. ALTHOUGH THIS STATED LIMITATION IN PARAGRAPH 8050-3 APPLIES GENERALLY TO "ALL" SHIPMENTS OTHER THAN THOSE FROM A PREVIOUS DUTY STATION TO THE NEW DUTY STATION, WE DO NOT READ SUCH LIMITATION UNDER "SPECIAL ROUTING AND SERVICES," AS INFERENTIALLY AUTHORIZING SHIPMENTS AT GOVERNMENT EXPENSE IN EXCESS OF WHAT IT WOULD COST TO SHIP THE EFFECTS FROM THE PLACE WHERE THEY ARE ACTUALLY LOCATED TO A DESTINATION OTHERWISE EXPRESSLY AUTHORIZED, THERE BEING NO REASON WHY THE GOVERNMENT SHOULD BE SADDLED WITH ANY GREATER COST BECAUSE THE MEMBER, FOR PERSONAL REASONS, WANTS HIS GOODS SHIPPED TO SOME OTHER DESTINATION.

IT FOLLOWS THAT IN THE CASE OF LIEUTENANT RITTER, MENTIONED IN THE SUBMISSION, THE GOVERNMENT'S OBLIGATION FOR SHIPPING HIS HOUSEHOLD EFFECTS INCIDENT TO HIS RELEASE FROM ACTIVE DUTY WAS LIMITED TO THE COST FROM THE PLACE OF STORAGE, JOHNSTOWN, PENNSYLVANIA, TO HIS HOME OF RECORD, PHILADELPHIA, PENNSYLVANIA.