B-127572, MAY 1, 1956

B-127572: May 1, 1956

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YOU WERE DETACHED FROM DUTY AT U.S. WERE HAULED FROM YOUR RESIDENCE TO A COMMERCIAL WAREHOUSE IN SAMPSON WHERE THEY WERE PACKED. YOU WERE TRANSFERRED FROM TEMPORARY DUTY AT WASHINGTON. YOU STATE THAT WHILE SEVERAL REQUESTS WERE MADE. REIMBURSEMENT FROM THE DEPARTMENT OF THE NAVY FOR THE COST OF SHIPPING YOUR EFFECTS WAS NOT OBTAINED. IN YOUR PRESENT LETTER YOU STATE THAT YOU WERE ADVISED AT SAMPSON. PRIOR TO SHIPMENT OF YOUR EFFECTS THAT YOU COULD MAKE SHIPMENT AT PERSONAL EXPENSE AND RECEIVE REIMBURSEMENT AFTER YOU WERE ORDERED TO A PERMANENT STATION. AT THE TIME HERE INVOLVED THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF NAVAL PERSONNEL WAS GOVERNED BY REGULATIONS PROMULGATED BY THE SECRETARY OF THE NAVY PURSUANT TO LAW.

B-127572, MAY 1, 1956

TO MR. CHARLIE E. CRAIG:

YOUR LETTER OF FEBRUARY 17, 1956, TO THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS IN EFFECT REQUESTS REVIEW OF OUR SETTLEMENT OF JANUARY 31, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM SAMPSON, NEW YORK, TO LITTLE ROCK, ARKANSAS, WHILE SERVING AS MUSICIAN, FIRST CLASS, UNITED STATES NAVY.

BY ORDERS DATED MARCH 28, 1946, YOU WERE DETACHED FROM DUTY AT U.S. NAVAL TRAINING CENTER, SAMPSON, NEW YORK, AND DIRECTED TO PROCEED TO WASHINGTON, D.C., FOR TEMPORARY DUTY IN THE U.S. NAVY SCHOOL OF MUSIC, AND FOR FURTHER ASSIGNMENT. DURING THE PERIOD MARCH 25 TO 27, 1946, YOU SHIPPED FIVE PACKAGES OF PERSONAL OR HOUSEHOLD EFFECTS, WEIGHING A TOTAL OF 219 POUNDS, FROM SAMPSON TO LITTLE ROCK BY EXPRESS. YOUR HOUSEHOLD EFFECTS, WEIGHING 1,750 POUNDS, WERE HAULED FROM YOUR RESIDENCE TO A COMMERCIAL WAREHOUSE IN SAMPSON WHERE THEY WERE PACKED, CRATED, AND SHIPPED TO LITTLE ROCK BY EXPRESS ON MARCH 30, 1946. BY ORDERS DATED JUNE 12, 1946, YOU WERE TRANSFERRED FROM TEMPORARY DUTY AT WASHINGTON, D.C., TO SAN JUAN, PUERTO RICO, FOR DUTY. YOU STATE THAT WHILE SEVERAL REQUESTS WERE MADE, REIMBURSEMENT FROM THE DEPARTMENT OF THE NAVY FOR THE COST OF SHIPPING YOUR EFFECTS WAS NOT OBTAINED. IN YOUR PRESENT LETTER YOU STATE THAT YOU WERE ADVISED AT SAMPSON, NEW YORK, PRIOR TO SHIPMENT OF YOUR EFFECTS THAT YOU COULD MAKE SHIPMENT AT PERSONAL EXPENSE AND RECEIVE REIMBURSEMENT AFTER YOU WERE ORDERED TO A PERMANENT STATION.

AT THE TIME HERE INVOLVED THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF NAVAL PERSONNEL WAS GOVERNED BY REGULATIONS PROMULGATED BY THE SECRETARY OF THE NAVY PURSUANT TO LAW, AND PUBLISHED IN THE BUREAU OF SUPPLIES AND ACCOUNTS MANUAL. THOSE REGULATIONS PROVIDE THAT WHEN PERSONNEL ARE DETACHED FROM A PERMANENT STATION AND ORDERED TO TEMPORARY DUTY OR TEMPORARY DUTY FOR FURTHER ASSIGNMENT, PACKING AND HAULING OF PERMANENT CHANGE OF STATION ALLOWANCE OF HOUSEHOLD EFFECTS TO LOCAL STORAGE IS AUTHORIZED. IF THE ORDERS ARE TO TEMPORARY DUTY PENDING FURTHER ASSIGNMENT TO SEA DUTY OR DUTY ABROAD, SHIPMENT OF PERMANENT CHANGE OF STATION ALLOWANCE OF HOUSEHOLD EFFECTS IS AUTHORIZED TO LOCAL STORAGE, OR TO ANY POINT IN THE UNITED STATES. THE REGULATIONS FURTHER PROVIDE THAT SHIPMENT IS NOT AUTHORIZED PRIOR TO RECEIPT OF CHANGE OF STATION ORDERS. SHIPMENT BY EXPRESS IS AUTHORIZED ONLY UNDER CERTAIN CIRCUMSTANCES NOT HERE INVOLVED. THUS, UPON RECEIPT OF THE ORDERS OF MARCH 28, 1946, TRANSFERRING YOU TO WASHINGTON, D.C., FOR TEMPORARY DUTY AND FURTHER ASSIGNMENT, THE ONLY AUTHORIZED MOVEMENT OF YOUR EFFECTS WAS TO LOCAL STORAGE. THE FACT THAT YOU SUBSEQUENTLY WERE ORDERED TO DUTY ABROAD DOES NOT CONSTITUTE AUTHORITY FOR REIMBURSEMENT FOR THE PRIOR SHIPMENT OF YOUR EFFECTS TO LITTLE ROCK. OF COURSE, YOU WILL UNDERSTAND THAT ANY ADVICE YOU MAY HAVE RECEIVED TO THE CONTRARY MAY NOT BE CONSIDERED AS INCREASING THE OBLIGATION OF THE GOVERNMENT AS FIXED BY THE REGULATIONS. HOWEVER, SINCE IT APPEARS THAT YOU ARE ENTITLED TO REIMBURSEMENT FOR THE COST OF HAULING, PACKING AND CRATING 1,750 POUNDS, A SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.