B-127865, JUL. 20, 1956

B-127865: Jul 20, 1956

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DEPARTMENT OF THE ARMY: REFERENCE IS MADE TO YOUR LETTER OF APRIL 19. MAJOR BOWE WAS ASSIGNED GOVERNMENT QUARTERS AT HIS DUTY STATION. HIS HOUSEHOLD EFFECTS WERE DRAYED FROM A CIVILIAN RESIDENCE IN SACRAMENTO TO THE GOVERNMENT QUARTERS ASSIGNED TO HIM AT PERSONAL EXPENSE OF $36.31. AS FOLLOWS: "WHEN ORDERS HAVE BEEN ISSUED ASSIGNING. WILL BE ENTITLED TO DRAYAGE OF HOUSEHOLD GOODS BETWEEN GOVERNMENT QUARTERS AND CIVILIAN HOUSING OR PLACE OF STORAGE WITHIN REASONABLE COMMUTING DISTANCE FROM THE MEMBER'S PERMANENT STATION. * * *" THIS CHANGE IN THE JOINT TRAVEL REGULATIONS WAS PROMULGATED BY THE SECRETARIES OF THE UNIFORMED SERVICES PURSUANT TO SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949.

B-127865, JUL. 20, 1956

TO LIEUTENANT COLONEL S. GADDIS, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 19, 1956, SUBMITTING FOR ADVANCE DECISION A VOUCHER STATED IN FAVOR OF MAJOR NATHANIEL W. BOWE, FOR REIMBURSEMENT OF THE COST OF DRAYING HIS HOUSEHOLD EFFECTS FROM CIVILIAN RESIDENCE TO GOVERNMENT QUARTERS IN SACRAMENTO, CALIFORNIA, ON OCTOBER 20, 1955, IN THE CIRCUMSTANCES SHOWN.

BY ORDERS DATED OCTOBER 24, 1955, CONFIRMING VERBAL ORDERS OF OCTOBER 20, 1955, MAJOR BOWE WAS ASSIGNED GOVERNMENT QUARTERS AT HIS DUTY STATION, SACRAMENTO SIGNAL DEPOT, SACRAMENTO, CALIFORNIA. ON OCTOBER 20, 1955, HIS HOUSEHOLD EFFECTS WERE DRAYED FROM A CIVILIAN RESIDENCE IN SACRAMENTO TO THE GOVERNMENT QUARTERS ASSIGNED TO HIM AT PERSONAL EXPENSE OF $36.31.

PARAGRAPH 8010-5, CHANGE 39, JOINT TRAVEL REGULATIONS, DATED OCTOBER 1, 1955, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"WHEN ORDERS HAVE BEEN ISSUED ASSIGNING, OR TERMINATING ASSIGNMENT OF GOVERNMENT QUARTERS WHETHER INSIDE OR OUTSIDE THE UNITED STATES, THE MEMBER, REGARDLESS OF RANK OR GRADE, WILL BE ENTITLED TO DRAYAGE OF HOUSEHOLD GOODS BETWEEN GOVERNMENT QUARTERS AND CIVILIAN HOUSING OR PLACE OF STORAGE WITHIN REASONABLE COMMUTING DISTANCE FROM THE MEMBER'S PERMANENT STATION. * * *"

THIS CHANGE IN THE JOINT TRAVEL REGULATIONS WAS PROMULGATED BY THE SECRETARIES OF THE UNIFORMED SERVICES PURSUANT TO SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PRESUMABLY ON THE PREMISE THAT INSTANCES OF DELAYED ASSIGNMENT OF GOVERNMENT QUARTERS TO MEMBERS NOT INVOLVING A CONCOMITANT CHANGE OF STATION WOULD OCCUR SO INFREQUENTLY AS TO WARRANT CONSIDERING THEM AS UNUSUAL WITHIN THE MEANING OF THE STATUTE. VIEWED IN THIS LIGHT, THERE SEEMS TO BE NO APPROPRIATE BASIS FOR QUESTIONING THE VALIDITY OF PARAGRAPH 8010-5 OF THE REGULATIONS.

IT APPEARS THAT IT WAS NECESSARY FOR THE OFFICER TO HAVE HIS EFFECTS DRAYED AT PERSONAL EXPENSE TO THE GOVERNMENT QUARTERS ASSIGNED TO HIM BECAUSE AT THAT TIME THE TRANSPORTATION OFFICER AT SACRAMENTO SIGNAL DEPOT HAD NOT RECEIVED NOTICE OF THE CHANGE IN THE REGULATIONS AUTHORIZING SUCH DRAYAGE AT GOVERNMENT EXPENSE. THE CHARGES FOR DRAYAGE OF THE EFFECTS WERE COMPUTED ON AN HOURLY BASIS AND NO WEIGHT CERTIFICATE WAS FURNISHED. SINCE IT APPEARS THAT IS WAS NECESSARY FOR MAJOR BOWE TO HAVE HIS HOUSEHOLD EFFECTS DRAYED AT PERSONAL EXPENSE TO THE GOVERNMENT QUARTERS ASSIGNED TO HIM SUBSEQUENT TO OCTOBER 1, 1955, THE EFFECTIVE DATE OF THE REGULATION AUTHORIZING SUCH DRAYAGE AT GOVERNMENT EXPENSE, AND SINCE IT APPEARS FROM THE SMALL AMOUNT INVOLVED THAT THE WEIGHT OF THE EFFECTS WAS WELL WITHIN HIS AUTHORIZED PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE, HE IS ENTITLED TO REIMBURSEMENT OF THE EXPENSES SO INCURRED.

ACCORDINGLY, PAYMENT ON THE VOUCHER, HEREWITH RETURNED, IS AUTHORIZED, IF OTHERWISE CORRECT.