B-127712, MAY 10, 1956

B-127712: May 10, 1956

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

YOU WERE PROMOTED FROM PRIVATE FIRST CLASS TO SPECIALIST THIRD CLASS (E-4). YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE AUGUST 25. YOUR HOME OF RECORD WAS SHOWN AS WABASH. YOUR EFFECTS WERE NOT SHIPPED PURSUANT TO THAT APPLICATION. THE BIDS WERE DATED AUGUST 15. YOUR EFFECTS WERE PACKED. YOUR CLAIM FOR REIMBURSEMENT WAS DENIED BY HEADQUARTERS THIRD ARMY BY LETTER OF OCTOBER 31. WAS DISALLOWED BY OUR SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT YOU WERE NOT IN A PAY GRADE FOR WHICH SHIPMENT OF HOUSEHOLD GOODS WAS AUTHORIZED AT THE TIME HERE INVOLVED. IN YOUR PRESENT LETTER YOU STATE THAT YOU WERE ADVISED YOU WERE ENTITLED TO SHIP 3. THAT YOU WERE NOT INFORMED THAT YOUR VIEW OF THE PAMPHLET WAS NOT CORRECT UNTIL YOUR CLAIM WAS DENIED.

B-127712, MAY 10, 1956

TO MR. JOHN V. BEAMER, JR.:

YOUR LETTER OF APRIL 14, 1956, REQUESTS REVIEW OF OUR SETTLEMENT OF MARCH 6, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FOLLOWING YOUR RELEASE FROM ACTIVE DUTY AS SPECIALIST THIRD CLASS (E-4), ARMY OF THE UNITED STATES.

BY PARAGRAPH 7, SPECIAL ORDERS NO. 114, DATED JULY 12, 1955, HEADQUARTERS PINE BLUFF ARSENAL, ARSENAL, ARKANSAS, YOU WERE PROMOTED FROM PRIVATE FIRST CLASS TO SPECIALIST THIRD CLASS (E-4), EFFECTIVE THAT DATE. PARAGRAPH 1, SPECIAL ORDERS NO. 130, DATED AUGUST 10, 1955, YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE AUGUST 25, 1955. YOUR HOME OF RECORD WAS SHOWN AS WABASH, INDIANA. ON AUGUST 12, 1955, YOU EXECUTED AN APPLICATION FOR SHIPMENT OF YOUR HOUSEHOLD GOODS FROM PINE BLUFF, ARKANSAS, TO ELKIN, NORTH CAROLINA, AT GOVERNMENT EXPENSE. YOUR EFFECTS WERE NOT SHIPPED PURSUANT TO THAT APPLICATION, HOWEVER, AND THE RECORD INDICATES YOU DID NOT EXPECT SHIPMENT BY THE GOVERNMENT WHEN YOU SIGNED THE APPLICATION INASMUCH AS YOU OBTAINED BIDS FROM TWO COMMERCIAL FIRMS FOR PACKING, SHIPPING AND UNPACKING YOUR EFFECTS. THE BIDS WERE DATED AUGUST 15, 1955, AND YOUR EFFECTS WERE PACKED, CRATED AND SHIPPED FROM PINE BLUFF TO ELKIN AT PERSONAL EXPENSE DURING THE PERIOD AUGUST 23 TO OCTOBER 3, 1955. YOUR CLAIM FOR REIMBURSEMENT WAS DENIED BY HEADQUARTERS THIRD ARMY BY LETTER OF OCTOBER 31, 1955, AND WAS DISALLOWED BY OUR SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT YOU WERE NOT IN A PAY GRADE FOR WHICH SHIPMENT OF HOUSEHOLD GOODS WAS AUTHORIZED AT THE TIME HERE INVOLVED. IN YOUR PRESENT LETTER YOU STATE THAT YOU WERE ADVISED YOU WERE ENTITLED TO SHIP 3,000 POUNDS OF HOUSEHOLD EFFECTS FROM YOUR LAST STATION, PINE BLUFF, ARKANSAS, TO YOUR HOME OF RECORD, WABASH, INDIANA, OR BETWEEN OTHER POINTS AT NO GREATER COST; THAT DEPARTMENT OF THE ARMY PAMPHLET NO. 55-2, APRIL 1954, INDICATES SUCH ENTITLEMENT, AND THAT YOU WERE NOT INFORMED THAT YOUR VIEW OF THE PAMPHLET WAS NOT CORRECT UNTIL YOUR CLAIM WAS DENIED.

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 ENTILED TO TRANSPORTATION OF HOUSEHOLD EFFECTS TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES FOR SOME TIME PRIOR TO APRIL 1, 1955, THOSE REGULATIONS PROVIDED AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. PURSUANT TO THAT AUTHORITY OF LAW THE SECRETARIES ISSUED THE JOINT TRAVEL REGULATIONS. (PARAGRAPH 8001) THAT MEMBERS IN PAY GRADE E-4 WITH LESS THAN SEVEN YEARS' SERVICE WERE ENTITLED TO SHIP 3,000 POUNDS OF HOUSEHOLD EFFECTS UPON PERMANENT CHANGE OF STATION. HOWEVER, THOSE REGULATIONS WERE CHANGED EFFECTIVE APRIL 1, 1955, TO DELETE THAT PROVISION AND FIX AN ALLOWANCE FOR MEMBERS SERVING IN PAY GRADE E-4 WITH OVER FOUR YEARS' SERVICE. THE CHANGE IN THE REGULATIONS EXPRESSLY PROVIDED THAT A MEMBER SERVING IN PAY GRADE E-4 ON MARCH 31, 1955, AND WHO HAD FOUR YEARS' SERVICE OR LESS, WAS ENTITLED TO SHIP 3,000 POUNDS OF HOUSEHOLD EFFECTS UPON PERMANENT CHANGE OF STATION. THUS, THE REGULATIONS DO NOT AUTHORIZE SHIPMENT OF HOUSEHOLD EFFECTS FOR THOSE MEMBERS WITH FOUR YEARS' SERVICE OR LESS WHO WERE IN A PAY GRADE LOWER THAN E-4 ON APRIL 1, 1955. YOU WERE NOT PROMOTED TO PAY GRADE E-4 UNTIL JULY 12, 1955, AND, SINCE IT DOES NOT APPEAR THAT YOU HAD COMPLETED OVER FOUR YEARS OF SERVICE ON THE DATE OF YOUR RELEASE FROM ACTIVE DUTY, IT SEEMS CLEAR THAT YOU WERE NOT ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS AT PUBLIC EXPENSE INCIDENT TO THAT RELEASE NOTWITHSTANDING ANY ADVICE YOU MAY HAVE RECEIVED TO THE CONTRARY. WHILE WE HAVE NO RECORD OF THE ADVICE THAT MAY HAVE BEEN FURNISHED YOU AT THAT TIME, THE FACT THAT THE TRANSPORTATION OFFICER AT PINE BLUFF ARSENAL DID NOT SHIP YOUR EFFECTS AT GOVERNMENT EXPENSE UPON YOUR APPLICATION INDICATES THAT HE WAS AWARE THAT SUCH SHIPMENT WAS NOT AUTHORIZED.

THE DEPARTMENT OF THE ARMY PAMPHLET TO WHICH YOU REFER CLEARLY STATES THAT IT WAS ISSUED AS A GUIDE FOR MILITARY PERSONNEL AND COMPILED ON THE BASIS OF REGULATIONS IN EFFECT ON APRIL 26, 1954. THE FACT THAT YOU MAY NOT HAVE BEEN AWARE OF ANY CHANGE IN THE CONTROLLING REGULATIONS DOES NOT CONSTITUTE A LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF MARCH 6, 1956, IS SUSTAINED.