B-132314, AUG. 16, 1957

B-132314: Aug 16, 1957

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YOU WERE DETACHED FROM DUTY UNDER INSTRUCTION IN A FLYING STATUS INVOLVING OPERATIONAL OR TRAINING FLIGHTS AT GEORGE WASHINGTON UNIVERSITY. YOUR DETACHMENT FROM DUTY WITH THE POTOMAC RIVER NAVAL COMMAND WAS EFFECTED SEPTEMBER 12. YOU WERE DIRECTED TO PROCEED TO THE NAVAL AIR STATION. 610 POUNDS WERE SHIPPED BY MOTOR VAN FROM YOUR RESIDENCE AT 5110 NORTH CARLYN SPRING ROAD. WAS PAID BY THE GOVERNMENT ON VOUCHER NO. 267551 OF THE JANUARY 1956 ACCOUNTS OF D. THE COST FOR TEMPORARY STORAGE OF YOUR EFFECTS IN SAN DIEGO IS REPORTED TO HAVE BEEN BORNE BY THE GOVERNMENT. 540 POUNDS WERE SHIPPED FROM PLACE OF STORAGE IN SAN DIEGO. YOUR CLAIM FOR THE CHARGES INCURRED IN THE RESHIPMENT OF YOUR EFFECTS TO OAK HARBOR WAS DISALLOWED BY THE ABOVE- MENTIONED SETTLEMENT FOR THE REASONS THEREIN STATED.

B-132314, AUG. 16, 1957

TO LIEUTENANT COMMANDER R. J. WITCZAK, USN:

YOUR LETTER OF APRIL 29, 1957, REQUESTS REVIEW OF OUR SETTLEMENT DATED DECEMBER 10, 1956, WHICH DISALLOWED YOUR CLAIM FOR $680.16, REPRESENTING THE COST OF TRANSPORTING 6,540 POUNDS OF YOUR HOUSEHOLD EFFECTS FROM SAN DIEGO, CALIFORNIA, TO OAK HARBOR, WASHINGTON, DURING DECEMBER 1955.

PURSUANT TO ORDERS DATED SEPTEMBER 1, 1955, AND UPON DIRECTION OF THE COMMANDANT, POTOMAC RIVER NAVAL COMMAND, YOU WERE DETACHED FROM DUTY UNDER INSTRUCTION IN A FLYING STATUS INVOLVING OPERATIONAL OR TRAINING FLIGHTS AT GEORGE WASHINGTON UNIVERSITY, WASHINGTON, D.C., AND DIRECTED TO PROCEED TO THE NAVAL AIR STATION, NORTH ISLAND, SAN DIEGO,CALIFORNIA, AND REPORT TO THE COMMANDER, AIR FORCE PACIFIC FLEET, FOR TEMPORARY DUTY IN A FLYING STATUS INVOLVING OPERATIONAL OR TRAINING FLIGHTS AND FOR FURTHER ASSIGNMENT TO DUTY IN A FLYING STATUS INVOLVING OPERATIONAL OR TRAINING FLIGHTS BY THE COMMANDER, AIR FORCE, PACIFIC FLEET. YOUR DETACHMENT FROM DUTY WITH THE POTOMAC RIVER NAVAL COMMAND WAS EFFECTED SEPTEMBER 12, 1955. BY SECOND INDORSEMENT DATED SEPTEMBER 26, 1955, YOU WERE DIRECTED TO PROCEED TO THE NAVAL AIR STATION, WHIDBEY ISLAND, OAK HARBOR, WASHINGTON, AND REPORT TO THE COMMANDING OFFICER, PATROL SQUADRON ONE FOR DUTY IN A FLYING STATUS INVOLVING OPERATIONAL OR TRAINING FLIGHTS. THE RECORD SHOWS THAT YOU REPORTED FOR DUTY WITH PATROL SQUADRON ONE ON OCTOBER 22, 1955.

ON OR ABOUT SEPTEMBER 9, 1955, IN COMPLIANCE WITH YOUR APPLICATION (FORM 116) FOR TRANSPORTATION, YOUR HOUSEHOLD GOODS WEIGHING 6,610 POUNDS WERE SHIPPED BY MOTOR VAN FROM YOUR RESIDENCE AT 5110 NORTH CARLYN SPRING ROAD, ARLINGTON, VIRGINIA, TO A STORAGE WAREHOUSE IN SAN DIEGO, CALIFORNIA, ON GOVERNMENT BILL OF LADING NO. 30401541. THE COST OF SUCH TRANSPORTATION ($971.22), INCLUDING NECESSARY PACKING, WAS PAID BY THE GOVERNMENT ON VOUCHER NO. 267551 OF THE JANUARY 1956 ACCOUNTS OF D. N. COBA, DISBURSING OFFICER, SYMBOL NO. 369. ALSO, THE COST FOR TEMPORARY STORAGE OF YOUR EFFECTS IN SAN DIEGO IS REPORTED TO HAVE BEEN BORNE BY THE GOVERNMENT. SUBSEQUENTLY, ON DECEMBER 12, 1955, YOUR HOUSEHOLD EFFECTS WEIGHING 6,540 POUNDS WERE SHIPPED FROM PLACE OF STORAGE IN SAN DIEGO, TO OAK HARBOR, WASHINGTON, AT PERSONAL EXPENSE. YOUR CLAIM FOR THE CHARGES INCURRED IN THE RESHIPMENT OF YOUR EFFECTS TO OAK HARBOR WAS DISALLOWED BY THE ABOVE- MENTIONED SETTLEMENT FOR THE REASONS THEREIN STATED.

AS INDICATED IN THE SETTLEMENT, THE TRANSPORTATION (INCLUDING THE TEMPORARY STORAGE) OF HOUSEHOLD EFFECTS FOR MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814. THESE REGULATIONS, IN EFFECT ON SEPTEMBER 1, 1955, PROVIDE (PARAGRAPH 8013 -1) THAT UNLESS OTHERWISE SPECIFICALLY PROVIDED THEREIN, AUTHORITY FOR THE SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE EXTENDS ONLY TO THE THROUGH SHIPMENT TO THE AUTHORIZED ULTIMATE DESTINATION OF THE SAME LOT OF HOUSEHOLD GOODS OR EFFECTS. THUS, UNDER THE REGULATIONS, A MEMBER IS ENTITLED TO ONLY ONE PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE SHIPMENT OF HOUSEHOLD GOODS UPON ORDERS DIRECTING A SINGLE CHANGE OF HIS PERMANENT DUTY STATION. SHIPMENT MAY NOT BE MADE FOR THE CONVENIENCE OF THE MEMBER TO SOME OTHER POINT FOR RESHIPMENT LATER TO THE AUTHORIZED DESTINATION.

PARAGRAPH 8013-2 OF THE REGULATIONS PROVIDES THAT WHERE HOUSEHOLD GOODS HAVE BEEN IMPROPERLY SHIPPED, NOT BECAUSE OF THE FAULT OF THE MEMBER, THEY MAY BE FORWARDED TO THE PROPER DESTINATION UPON APPROVAL OF THE SERVICE CONCERNED. THERE IS NOTHING IN THE RECORD TO SUPPORT YOUR CONTENTION THAT THE ORIGINAL SHIPMENT WAS AN IMPROPER ONE. THE ADMINISTRATIVE REPORT DISCLOSES THAT WHEN DOUBT IS EXPRESSED AS TO FINAL SHIPPING POINT, A MEMBER'S HOUSEHOLD GOODS--- IN THE ABSENCE OF AN APPLICATION FOR SHIPMENT- -- NORMALLY ARE PLACED IN TEMPORARY STORAGE AT ORIGIN. THE REPORT SHOWS THAT ORIGINALLY YOU ARRANGED TO HAVE YOUR EFFECTS STORED IN WASHINGTON, AND NO EXPLANATION IS AVAILABLE TO SHOW WHY YOU LATER REQUESTED THEIR SHIPMENT TO SAN DIEGO.

YOU CONTEND THAT THE JOINT TRAVEL REGULATIONS (PARAGRAPH 8007) AUTHORIZE THE SHIPMENT OF HOUSEHOLD GOODS TO ANY POINT IN THE UNITED STATES UPON ORDERS TO TEMPORARY DUTY PENDING FURTHER ASSIGNMENT TO DUTY ABROAD OR TO SEA DUTY. ALSO, YOU REFER TO PARAGRAPH 8007-6 OF THE CURRENT REGULATIONS (SIMILAR TO PARAGRAPH 8007-7, CHANGE 25, IN EFFECT AS OF SEPTEMBER 1, 1955), WHICH PROVIDES THAT HOUSEHOLD GOODS "PLACED IN STORAGE UNDER PROVISIONS OF SUBPAR. 5 OR 6, MAY BE SHIPPED TO ANY SUBSEQUENT PERMANENT DUTY STATION.' AS YOU ALLEGE THE CITED REGULATIONS (PARAGRAPH 8006-1) PROVIDE FOR TEMPORARY STORAGE OF HOUSEHOLD GOODS IN CONNECTION WITH A PERMANENT CHANGE OF STATION WHENEVER NECESSARY BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE OWNER. SUCH STORAGE MAY BE AT ORIGIN, IN TRANSIT OR EN ROUTE, OR AT DESTINATION. THE STORAGE OF YOUR HOUSEHOLD GOODS AT SAN DIEGO DID NOT FALL WITHIN THE SCOPE OF PARAGRAPH 8006-1. THAT IS TO SAY, YOUR EFFECTS WERE NOT STORED AT POINT OF ORIGIN, OR AT THE DESTINATION TO WHICH YOU WERE PERMANENTLY ASSIGNED. MOREOVER, THE PLACING OF YOUR EFFECTS IN STORAGE AT SAN DIEGO MAY NOT BE CONSIDERED AS STORAGE IN TRANSIT OR EN ROUTE TO OAK HARBOR, WASHINGTON, FROM WASHINGTON, D.C.

UNDER THE ORDERS WHICH RESULTED IN YOUR ASSIGNMENT TO SEA DUTY, YOU ACQUIRED THE RIGHT TO HAVE YOUR EFFECTS SHIPPED TO ANY DESIGNATED POINT IN THE UNITED STATES, OR TO HAVE SUCH EFFECTS DRAYED TO A LOCAL WAREHOUSE (POINT OF ORIGIN) FOR STORAGE, AND THEREAFTER TO HAVE THEM SHIPPED TO YOUR NEW PERMANENT STATION AT GOVERNMENT EXPENSE. THE SHIPMENT OF YOUR EFFECTS TO SAN DIEGO PURSUANT TO YOUR REQUEST WAS IN ACCORD WITH REGULATIONS WHICH AUTHORIZED THEIR TRANSPORTATION TO A DESIGNATED POINT UNDER YOUR ASSIGNMENT TO SEA DUTY. SINCE THE GOVERNMENT ACTUALLY SHIPPED YOUR EFFECTS TO A DESIGNATED PLACE FOR STORAGE, THERE EXISTED NO AUTHORITY FOR THEIR RESHIPMENT TO OAK HARBOR AT GOVERNMENT EXPENSE.

ACCORDINGLY, FOR THE REASONS HEREIN INDICATED, IT MUST BE CONCLUDED THAT NO BASIS EXISTS FOR PAYMENT OF YOUR CLAIM, AND THE SETTLEMENT OF DECEMBER 10, 1955, IS SUSTAINED.