B-127785, JUN. 25, 1956

B-127785: Jun 25, 1956

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USA: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 18. YOU WERE RELIEVED FROM ASSIGNMENT WITH THE 25TH INFANTRY DIVISION. THE RECORD SHOWS THAT AT THE TIME YOU WERE TRANSFERRED OVERSEAS YOU WERE AUTHORIZED A WEIGHT ALLOWANCE OF 11. SINCE YOUR HOUSEHOLD EFFECTS EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE YOU WERE CHARGED WITH THE EXCESS COST OF $115.16. THE LEGISLATION TO WHICH YOU APPARENTLY REFER IS SECTION 629 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT. WHICH PROVIDED RELIEF FROM THE WEIGHT LIMITATION REDUCTION FOR THOSE PERSONS RETURNING FROM OVERSEAS WHO WERE ORDERED OVERSEAS PRIOR TO JULY 10. SIMILAR RELIEF PROVISIONS WERE CONTAINED IN SECTION 722 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT.

B-127785, JUN. 25, 1956

TO MAJOR GENERAL CARL F. FRITZSCHE, USA:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 18, 1956, RELATIVE TO YOUR CLAIM FOR REFUND OF EXCESS TRANSPORTATION CHARGES COLLECTED FOR SHIPMENT OF HOUSEHOLD EFFECTS INCIDENT TO PERMANENT CHANGE OF STATION ORDERS FROM KOREA TO THE UNITED STATES.

BY SPECIAL ORDERS NO. 44, FEBRUARY 13, 1953, YOU WERE RELIEVED FROM ASSIGNMENT WITH THE 25TH INFANTRY DIVISION, APO 25, AND DIRECTED TO PROCEED TO THE INFANTRY CENTER, FORT BENNING, GEORGIA. THE RECORD SHOWS THAT AT THE TIME YOU WERE TRANSFERRED OVERSEAS YOU WERE AUTHORIZED A WEIGHT ALLOWANCE OF 11,000 POUNDS. AT THE TIME OF YOUR RETURN IN FEBRUARY 1953, YOUR AUTHORIZED WEIGHT ALLOWANCE HAD BEEN REDUCED TO 9,000 POUNDS BY SECTION 632 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1953, 66 STAT. 537. SINCE YOUR HOUSEHOLD EFFECTS EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE YOU WERE CHARGED WITH THE EXCESS COST OF $115.16. YOU NOW CLAIM REFUND OF THAT AMOUNT ON THE BASIS OF CORRECTIVE LEGISLATION.

THE LEGISLATION TO WHICH YOU APPARENTLY REFER IS SECTION 629 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1954, 67 STAT. 355, WHICH PROVIDED RELIEF FROM THE WEIGHT LIMITATION REDUCTION FOR THOSE PERSONS RETURNING FROM OVERSEAS WHO WERE ORDERED OVERSEAS PRIOR TO JULY 10, 1952, AND WHO RETURNED FROM OVERSEAS AFTER JULY 1, 1953. SIMILAR RELIEF PROVISIONS WERE CONTAINED IN SECTION 722 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1955, 68 STAT. 354, AND IN SECTION 621 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1956, 69 STAT 319. THESE RELIEF PROVISIONS, HOWEVER, DO NOT APPLY TO PERSONNEL WHO WERE TRANSFERRED OVERSEAS PRIOR TO JULY 10, 1952, AND WHO RETURNED PRIOR TO JULY 1, 1953. THEREFORE YOU AND OTHER PERSONNEL SIMILARLY SITUATED WERE REQUIRED TO PAY THE EXCESS COSTS FROM YOUR OWN FUNDS. ACCORDINGLY, THERE IS NO LEGAL BASIS AT THE PRESENT TIME FOR THE ALLOWANCE OF YOUR CLAIM.

IT MAY BE STATED THAT THERE IS PRESENTLY BEFORE THE CONGRESS FOR CONSIDERATION A BILL, H.R. 2121, 84TH CONGRESS, WHICH PROVIDES, IN PART, THAT MEMBERS OF THE ARMED FORCES WHO WERE TRANSFERRED FROM A DUTY STATION WITHIN THE UNITED STATES TO A DUTY STATION OUTSIDE THE UNITED STATES PRIOR TO JULY 10, 1952, AND WHO WERE TRANSFERRED BACK TO THE UNITED STATES AFTER JULY 9, 1952, AND BEFORE JULY 1, 1953, ARE ENTITLED TO TRANSPORTATION OF THEIR HOUSEHOLD EFFECTS WITHOUT REGARD TO THE WEIGHT LIMITATIONS OF SECTION 632 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1953. THE BILL WAS PASSED BY THE HOUSE OF REPRESENTATIVES ON MARCH 15, 1955, AND IS PRESENTLY PENDING BEFORE THE SENATE.