B-132004, JUL. 16, 1957

B-132004: Jul 16, 1957

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JR.: REFERENCE IS MADE TO YOUR LETTER OF MAY 9. YOU WERE RELIEVED OF YOUR ASSIGNMENT OVERSEAS AND RETURNED TO THE UNITED STATES FOR PERMANENT DUTY WITH THE 51ST AAA BATTALION. IT IS SHOWN THAT YOU ARRIVED AT THE NEW YORK PORT OF EMBARKATION BY AIR ON MAY 14. YOU WERE REASSIGNED TO THE 19TH AAA BATTALION. YOU WERE RELIEVED FROM FURTHER DUTY WITH THE 19TH AAA BATTALION. LONG BEFORE YOU WERE ORDERED TO PROCEED TO A PERMANENT DUTY STATION IN TEXAS. WERE SHIPPED TO YOUR HOME IN BELT ON. YOUR EFFECTS WERE TRANSPORTED ON GOVERNMENT BILL OF LADING NO. WY-5182806 AT A COST OF $146.70 OF WHICH YOU WERE ASSESSED $94.48 AS EXCESS COST. YOU CHECKED WITH THE TRANSPORTATION OFFICER AT THE IDLEWILD AIRPORT BASE CONCERNING YOUR HOUSEHOLD GOODS WHICH WERE THEN EN ROUTE FROM OVERSEAS DESTINED FOR YOUR HOME IN BELT ON.

B-132004, JUL. 16, 1957

TO MR. CURTIS COUCH, JR.:

REFERENCE IS MADE TO YOUR LETTER OF MAY 9, 1957, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED APRIL 15, 1957, WHICH DISALLOWED YOUR CLAIM FOR $94.48. THAT AMOUNT REPRESENTS THE SUM COLLECTED FROM YOUR PAY AS EXCESS COST FOR THE SHIPMENT OF 2,651 POUNDS OF HOUSEHOLD GOODS FROM NORFOLK, VIRGINIA, TO BELT ON, TEXAS, WHILE SERVING AS AN ENLISTED MAN (SP-2 RA-39621297) UNITED STATES ARMY.

PURSUANT TO LETTER ORDERS NO. 4-73, DATED APRIL 13, 1956, AS AMENDED, YOU WERE RELIEVED OF YOUR ASSIGNMENT OVERSEAS AND RETURNED TO THE UNITED STATES FOR PERMANENT DUTY WITH THE 51ST AAA BATTALION, 90 HM GUND, MEDIA, PENNSYLVANIA. IT IS SHOWN THAT YOU ARRIVED AT THE NEW YORK PORT OF EMBARKATION BY AIR ON MAY 14, 1956. BY SPECIAL ORDERS NO. 57, DATED MAY 17, 1956, YOU WERE REASSIGNED TO THE 19TH AAA BATTALION, MT. EPHRAIM, NEW JERSEY, EFFECTIVE MAY 25, 1956. THEREAFTER, BY SPECIAL ORDERS NO. 146 DATED OCTOBER 16, EFFECTIVE NOVEMBER 5, 1956, YOU WERE RELIEVED FROM FURTHER DUTY WITH THE 19TH AAA BATTALION, MT. EPHRAIM, NEW JERSEY, AND ORDERED TO PROCEED AND REPORT TO THE COMMANDING OFFICER, 504TH REPLACEMENT COMPANY, 4TH ARMED DIVISION, FORT HOOD, TEXAS, FOR PERMANENT DUTY.

ON OR ABOUT JUNE 12, 1956, LONG BEFORE YOU WERE ORDERED TO PROCEED TO A PERMANENT DUTY STATION IN TEXAS, YOUR HOUSEHOLD GOODS, WHICH ARRIVED IN NORFOLK FROM AN OVERSEAS DESTINATION, WERE SHIPPED TO YOUR HOME IN BELT ON, TEXAS. YOUR EFFECTS WERE TRANSPORTED ON GOVERNMENT BILL OF LADING NO. WY-5182806 AT A COST OF $146.70 OF WHICH YOU WERE ASSESSED $94.48 AS EXCESS COST, THAT EXCESS REPRESENTING THE DIFFERENCE BETWEEN THE COST OF THE SHIPMENT AS MADE AND THE COST OF SHIPPING THE SAME EFFECTS TO MEDIA, PENNSYLVANIA.

IN REQUESTING REFUND OF THE SUM COLLECTED, YOU STATE THAT IMMEDIATELY UPON ARRIVING AT NEW YORK, YOU CHECKED WITH THE TRANSPORTATION OFFICER AT THE IDLEWILD AIRPORT BASE CONCERNING YOUR HOUSEHOLD GOODS WHICH WERE THEN EN ROUTE FROM OVERSEAS DESTINED FOR YOUR HOME IN BELT ON, WITH THE INTENTION OF HAVING THE SHIPMENT DIVERTED TO MEDIA AT NORFOLK. HOWEVER, AFTER BEING INFORMED THAT "THE POST AT MEDIA, PENNSYLVANIA WAS CLOSED AND THAT MY HOUSEHOLD GOODS SHOULD GO ON TO BELT ON," YOU CONSENTED TO LET THE SHIPMENT GO FORWARD TO ITS DESTINATION.

PARAGRAPH 8009-4A OF THE JOINT TRAVEL REGULATIONS (CHANGE 43, EFFECTIVE FEBRUARY 1, 1956), PROVIDES THAT MILITARY PERSONNEL ASSIGNED TO ACTIVE DUTY UPON ORDERS DIRECTING A PERMANENT CHANGE OF STATION ARE ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS, WITHIN THE AUTHORIZED WEIGHT ALLOWANCE, FROM THE LAST DUTY STATION TO THE NEW PERMANENT STATION AT GOVERNMENT EXPENSE. IF AN INDIVIDUAL DOES NOT DESIRE TO SHIP HIS EFFECTS TO THE NEW PERMANENT STATION, HE IS NOT PRECLUDED FROM MAKING LATER SHIPMENT OF THE EFFECTS FROM THE FORMER PERMANENT STATION TO SOME SUBSEQUENT PERMANENT DUTY STATION UNDER TRAVEL ORDERS TO THE LATTER STATION. UNDER THE ORDERS WHICH RELIEVED YOU FROM FURTHER DUTY OVERSEAS AND DIRECTED YOU TO REPORT FOR PERMANENT DUTY AT MEDIA, PENNSYLVANIA (IN THE PHILADELPHIA AREA), YOU ACQUIRED THE RIGHT TO HAVE YOUR HOUSEHOLD GOODS SHIPPED FROM THE OVERSEAS DUTY STATION TO MEDIA, OR TO A SELECTED LOCATION AT NO GREATER COST AT GOVERNMENT EXPENSE. IT IS NOTED THAT FOR SOME TIME PRIOR TO THE DATE YOUR EFFECTS WERE SHIPPED FROM NORFOLK, YOUR PERMANENT DUTY STATION WAS AT MT. EPHRAIM, NEW JERSEY, ALSO IN THE PHILADELPHIA AREA. THUS, NOTWITHSTANDING THE INFORMATION THAT YOU MAY HAVE RECEIVED FROM THE TRANSPORTATION OFFICER UPON ARRIVAL IN THE UNITED STATES, A DUTY RESTED UPON YOU UNDER THE REGULATIONS TO SEE THAT THE SHIPMENT OF YOUR EFFECTS WAS DIVERTED TO YOUR NEW DUTY STATION AT MT. EPHRAIM AFTER THAT PLACE BECAME YOUR PERMANENT STATION. THUS, IT APPEARS THAT THE EXCESS COST INVOLVED IN THE SHIPMENT WAS PROPERLY DETERMINED AND CHARGED AGAINST YOU IN ACCORDANCE WITH YOUR AGREEMENT EXECUTED IN COMPLIANCE WITH PARAGRAPH 8051 OF THE JOINT TRAVEL REGULATIONS IN WHICH YOU AGREED AS FOLLOWS:

"UPON RECEIPT OF STATEMENT/S) SHOWING EXCESS COSTS I WILL REMIT AN AMOUNT SUFFICIENT TO COVER SUCH COSTS OR PERMIT THE APPLICATION OF SO MUCH OF MY PAY AS MAY BE NECESSARY TO COVER SUCH COSTS. * * *"

ACCORDINGLY, UPON REVIEW, IT IS CONCLUDED THAT THE SETTLEMENT DENYING PAYMENT OF YOUR CLAIM WAS CORRECT AND SUCH ACTION IS SUSTAINED.