B-127153, MAY 17, 1956

B-127153: May 17, 1956

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THAT YOU ARE INDEBTED TO THE UNITED STATES IN THE SUM OF $1. YOU WERE DETACHED FROM DUTY ON THE STAFF OF THE COMMANDER. YOU WERE DETACHED FROM THE LATTER DUTY. WAS WOONSOCKET. THE RECORD INDICATES THAT PRIOR TO THE SHIPMENT HERE INVOLVED YOUR HOUSEHOLD EFFECTS WERE SHIPPED TO WOONSOCKET AT PUBLIC EXPENSE UPON YOUR REQUEST WHEN YOU WERE ASSIGNED TO SEA DUTY. A COPY OF THE APPLICATION BEARING YOUR SIGNATURE IS IN OUR FILES. YOUR EFFECTS WERE PACKED AND SHIPPED AT A COST OF $1. THE BASIS THAT YOU WERE NOT ENTITLED TO SUCH SERVICE AT GOVERNMENT EXPENSE AND THAT THE ENTIRE AMOUNT EXPENDED CONSTITUTED EXCESS COST. YOUR FATHER STATES THAT SHORTLY BEFORE YOUR DISCHARGE YOU WERE ADVISED THAT YOU WERE ENTITLED TO HAVE YOUR EFFECTS SHIPPED TO SEATTLE AT PUBLIC EXPENSE.

B-127153, MAY 17, 1956

TO DR. EUGENE O. JALBERT:

A LETTER DATED FEBRUARY 8, 1956, FROM YOUR FATHER, IN EFFECT REQUESTS REVIEW OF OUR ACTION IN ADVISING YOU, BY LETTER OF JANUARY 20, 1956, THAT YOU ARE INDEBTED TO THE UNITED STATES IN THE SUM OF $1,252.10, REPRESENTING THE COST OF PACKING AND SHIPPING YOUR HOUSEHOLD EFFECTS FROM WOONSOCKET, RHODE ISLAND, TO SEATTLE, WASHINGTON, FOLLOWING YOUR RELEASE FROM ACTIVE DUTY AS LIEUTENANT, UNITED STATES NAVAL RESERVE.

BY BUREAU OF NAVAL PERSONNEL ORDERS DATED OCTOBER 2, 1951, YOU WERE DETACHED FROM DUTY ON THE STAFF OF THE COMMANDER, DESTROYER DIVISION 182, AND DIRECTED TO PROCEED TO QUONSET POINT, RHODE ISLAND, FOR DUTY. ORDERS DATED DECEMBER 11, 1951, YOU WERE DETACHED FROM THE LATTER DUTY; RELEASED FROM ALL ACTIVE DUTY EFFECTIVE JANUARY 31, 1951, AND DIRECTED TO PROCEED TO YOUR HOME. YOUR HOME, AS RECORDED IN THE BUREAU OF NAVAL PERSONNEL UPON ENTRY ON ACTIVE DUTY, WAS WOONSOCKET, RHODE ISLAND. THE RECORD INDICATES THAT PRIOR TO THE SHIPMENT HERE INVOLVED YOUR HOUSEHOLD EFFECTS WERE SHIPPED TO WOONSOCKET AT PUBLIC EXPENSE UPON YOUR REQUEST WHEN YOU WERE ASSIGNED TO SEA DUTY. ON JANUARY 24, 1952, SUBSEQUENT TO THE ISSUANCE OF THE ORDERS FOR YOUR RELEASE FROM ACTIVE DUTY, YOU EXECUTED AN APPLICATION REQUESTING THE NAVAL AIR STATION, QUONSET POINT, TO SHIP YOUR HOUSEHOLD EFFECTS FROM WOONSOCKET TO SEATTLE, WHERE YOU INTENDED TO COMPLETE YOUR MEDICAL TRAINING. A COPY OF THE APPLICATION BEARING YOUR SIGNATURE IS IN OUR FILES. THAT APPLICATIONS PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"I HEREBY AUTHORIZE THE CHECK AGE OF MY PERSONAL PAY ACCOUNT FOR ALL EXCESS COSTS INVOLVED AND HEREBY AGREE TO ACCEPT SUCH CHECK AGE IN LIEU OF ADVANCEMENT OF CASH PRIOR TO RELEASE OF MY HOUSEHOLD EFFECTS.'

THUS, YOU SPECIFICALLY AGREED TO PAY ANY EXCESS COST INCURRED BY THE UNITED STATES IN SHIPPING YOUR HOUSEHOLD EFFECTS IN COMPLIANCE WITH YOUR REQUEST. YOUR EFFECTS WERE PACKED AND SHIPPED AT A COST OF $1,252.10. THE BASIS THAT YOU WERE NOT ENTITLED TO SUCH SERVICE AT GOVERNMENT EXPENSE AND THAT THE ENTIRE AMOUNT EXPENDED CONSTITUTED EXCESS COST, BOTH THE DEPARTMENT OF THE NAVY AND THIS OFFICE REQUESTED YOU TO REMIT THAT AMOUNT.

YOUR FATHER STATES THAT SHORTLY BEFORE YOUR DISCHARGE YOU WERE ADVISED THAT YOU WERE ENTITLED TO HAVE YOUR EFFECTS SHIPPED TO SEATTLE AT PUBLIC EXPENSE; THAT THE EXPENSE WAS NOT INCURRED AT YOUR INSTIGATION OR REQUEST, AND THAT YOU HAD HAD (APPARENTLY PRIOR TO RECEIVING ERRONEOUS ADVICE THAT THE GOVERNMENT WOULD SHIP THE GOODS) NEITHER THE DESIRE NOR ANY PLAN TO SHIP YOUR EFFECTS TO SEATTLE. HE MENTIONS ALSO, THAT WHILE THE REQUEST FOR REMISSION IS BASED IN PART ON THE FACT THAT YOUR HOME WAS RECORDED AS WOONSOCKET, YOU MARRIED WHILE IN THE SERVICE AND YOUR FAMILY FOLLOWED YOU WHEREVER YOU WERE ASSIGNED UNTIL FINALLY YOU ESTABLISHED A HOME IN JOHNSTON, RHODE ISLAND.

SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT SECTION PROVIDE THAT UPON RELEASE FROM ACTIVE DUTY A MEMBER IS ENTITLED TO SHIPMENT OF HIS HOUSEHOLD EFFECTS FROM HIS LAST DUTY STATION, OR THE PLACE WHERE THEN LOCATED, TO HIS HOME OF RECORD OR TO SOME OTHER PLACE AT NO GREATER COST. THE HOME OF RECORD IS DEFINED AS THE PLACE RECORDED AS THE HOME OF A MEMBER WHEN ORDERED TO THE RELEVANT TOUR OF ACTIVE DUTY. HOWEVER, NO SHIPMENT WHATEVER IS AUTHORIZED WHEN THE EFFECTS ARE AT THE MEMBER'S HOME OF RECORD AT THE TIME OF DISCHARGE.

WOONSOCKET WAS RECORDED AS YOUR HOME WHEN YOU ENTERED UPON ACTIVE DUTY. IT REMAINED YOUR HOME OR RECORD DURING YOUR SERVICE. SINCE YOUR EFFECTS WERE THERE WHEN THE ORDERS OF DECEMBER 11, 1951, WERE ISSUED, YOU WERE NOT ENTITLED TO SHIPMENT FROM YOUR HOME TO SOME OTHER POINT OF YOUR SELECTION AND, OF COURSE, ANY ADVICE TO THE CONTRARY THAT MAY HAVE BEEN FURNISHED YOU DOES NOT INCREASE YOUR RIGHTS UNDER THE REGULATIONS. THE SHIPMENT OF YOUR EFFECTS WAS MADE PURSUANT TO YOUR APPLICATION AND YOU RECEIVED THE BENEFIT OF THAT SHIPMENT. SINCE THERE WAS NO AUTHORITY OF LAW THEREFOR, WE HAVE NO CHOICE BUT TO REQUEST YOU TO REMIT THE COST OF THE SHIPMENT AS YOU AGREED TO DO ON THE APPLICATION. IT MAY BE ADDED THAT IT IS WELL SETTLED THAT PERSONS RECEIVING ERRONEOUS PAYMENTS FROM THE GOVERNMENT ACQUIRE NO RIGHT TO SUCH PAYMENTS, AND THE COURTS CONSISTENTLY HAVE HELD THAT SUCH PERSONS ARE BOUND IN EQUITY AND GOOD CONSCIENCE TO MAKE RESTITUTION. SEE BARNES ET AL. V. DISTRICT OF COLUMBIA, 22 C.CLS. 366; UNITED STATES V. BURCHARD, 125 U.S. 176; UNITED STATES V. WURTZ, 330 U.S. 414; WISCONSIN CENTRAL RAILROAD V. UNITED STATES, 164 U.S. 190, AND THE CASES COLLECTED AND DISCUSSED IN UNITED STATES V. SUTTON CHEMICAL COMPANY, 11 F.2D 24, AND IN 63 A.L.R. 1346.

IT IS NOTED FROM YOUR FATHER'S LETTER THAT YOU NOW ARE RESIDING IN MANCHESTER, NEW HAMPSHIRE. SINCE YOUR LAST COMPLETE ADDRESS OF RECORD HERE WAS IN SEATTLE, IT WOULD BE APPRECIATED IF YOU ..END :