B-133818, NOV. 8, 1957

B-133818: Nov 8, 1957

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YOU WERE TRANSFERRED FROM DUTY AT GALVESTON. YOU WERE NOT REIMBURSED FOR THIS MOVE BECAUSE THE JOINT TRAVEL REGULATIONS IN EFFECT AT THAT TIME DID NOT AUTHORIZE REIMBURSEMENT FOR TRANSPORTING A HOUSE TRAILER IN CONNECTION WITH A PERMANENT CHANGE OF STATION. THIS SHIPMENT WAS MADE BY THOMPSON TRANSFER AND STORAGE COMPANY UNDER GOVERNMENT CONTRACT AT A COST TO THE GOVERNMENT OF $147.91. EXCEPTION WAS TAKEN TO THIS PAYMENT FOR THE REASON THAT THE SHIPMENT WAS NOT AUTHORIZED BY THE JOINT TRAVEL REGULATIONS AND YOUR PAY ACCOUNT WAS CHECKED FOR THE SUM OF $147.91. YOUR CLAIM FOR REFUND OF THIS AMOUNT WAS DISALLOWED BY SETTLEMENT DATED JUNE 12. FOR THE REASON THAT THE SHIPMENT WAS AN INTRA-CITY MOVEMENT AND WAS NOT INCIDENT TO YOUR PERMANENT CHANGE OF STATION ORDERS OF MARCH 20.

B-133818, NOV. 8, 1957

TO LIEUTENANT COMMANDER GEORGE B. WINSTEIN:

YOUR LETTER OF AUGUST 12, 1957, REQUESTS REVIEW OF THAT PART OF OUR SETTLEMENT OF JUNE 12, 1957, WHICH DISALLOWED YOUR CLAIM FOR $147.91 REPRESENTING THE COST OF MOVING YOUR HOUSEHOLD EFFECTS FROM 3301 RICHMOND HIGHWAY, ALEXANDRIA, VIRGINIA, TO 911 POTOMAC AVENUE, APARTMENT B-1, ALEXANDRIA, VIRGINIA.

BY ORDERS DATED MARCH 20, 1953, YOU WERE TRANSFERRED FROM DUTY AT GALVESTON, TEXAS, TO DUTY AT WASHINGTON, D.C. INCIDENT TO THESE ORDERS YOU MOVED YOUR HOUSEHOLD EFFECTS BY PRIVATELY OWNED TRAILER TO THE OAK GROVE TRAILER PARK, 3301 RICHMOND HIGHWAY, ALEXANDRIA, VIRGINIA. YOU WERE NOT REIMBURSED FOR THIS MOVE BECAUSE THE JOINT TRAVEL REGULATIONS IN EFFECT AT THAT TIME DID NOT AUTHORIZE REIMBURSEMENT FOR TRANSPORTING A HOUSE TRAILER IN CONNECTION WITH A PERMANENT CHANGE OF STATION. YOU CONTINUED TO RESIDE IN YOUR TRAILER AT ALEXANDRIA UNTIL AUGUST 28, 1956, WHEN YOU MOVED YOUR EFFECTS TO 911 POTOMAC AVENUE, ALEXANDRIA. THIS SHIPMENT WAS MADE BY THOMPSON TRANSFER AND STORAGE COMPANY UNDER GOVERNMENT CONTRACT AT A COST TO THE GOVERNMENT OF $147.91. EXCEPTION WAS TAKEN TO THIS PAYMENT FOR THE REASON THAT THE SHIPMENT WAS NOT AUTHORIZED BY THE JOINT TRAVEL REGULATIONS AND YOUR PAY ACCOUNT WAS CHECKED FOR THE SUM OF $147.91. YOUR CLAIM FOR REFUND OF THIS AMOUNT WAS DISALLOWED BY SETTLEMENT DATED JUNE 12, 1957, FOR THE REASON THAT THE SHIPMENT WAS AN INTRA-CITY MOVEMENT AND WAS NOT INCIDENT TO YOUR PERMANENT CHANGE OF STATION ORDERS OF MARCH 20, 1953.

IN YOUR LETTER YOU ENCLOSED A COPY OF A LETTER TO YOU FROM LEROY S. BENDHEIM, MAYOR, CITY OF ALEXANDRIA, VIRGINIA, IN WHICH IT IS STATED THAT THE OAK GROVE TRAILER PARK, 3301 RICHMOND HIGHWAY, ALEXANDRIA, VIRGINIA, IS NOT WITHIN THE CITY LIMITS OF ALEXANDRIA. YOU ALSO SAY THAT YOUR ULTIMATE MOVE WAS IN ACCORDANCE WITH YOUR BASIC ORDERS OF MARCH 20, 1953, AND TOWARDS WASHINGTON, D.C., WHICH WAS DESIGNATED AS YOUR PERMANENT CHANGE OF STATION. THEREFORE, IT APPEARS TO BE YOUR VIEW THAT YOUR STAY IN THE TRAILER HOME SHOULD BE CONSIDERED MERELY AS A STOPOVER POINT IN THE MOVEMENT OF YOUR EFFECTS FROM TEXAS TO YOUR ADDRESS IN ALEXANDRIA.

THE JOINT TRAVEL REGULATIONS GOVERNING THE TRANSPORTATION OF HOUSEHOLD EFFECTS APPLICABLE TO COAST GUARD PERSONNEL WERE ISSUED PURSUANT TO THE AUTHORITY CONTAINED IN THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, 814. THESE REGULATIONS AUTHORIZE SIMPLE DRAYAGE AT GOVERNMENT EXPENSE FOR INTRA-CITY MOVEMENT OF HOUSEHOLD EFFECTS WHEN IN CONNECTION WITH A PERMANENT CHANGE OF STATION, AS DISTINGUISHED FROM THE PACKING, CRATING, TRANSPORTATION AND UNPACKING OR UNCRATING AUTHORIZED WHERE THE EFFECTS ARE SHIPPED BETWEEN DUTY STATIONS OR OTHER AUTHORIZED POINTS. SUCH INTRA-CITY MOVEMENT MUST BE INCIDENT TO A CHANGE OF STATION AND WHERE THE HOUSEHOLD EFFECTS HAVE BEEN BROUGHT TO THE MEMBER'S RESIDENCE AT OR IN THE VICINITY OF THE NEW STATION, A FURTHER MOVEMENT TO ANOTHER RESIDENCE IS NOT REGARDED AS INCIDENT TO THE CHANGE OF STATION, BUT IS CONSIDERED AS BEING INCIDENT TO THE MEMBER'S PERSONAL ARRANGEMENT FOR LOCATION OF HIS RESIDENCE. COMPARE 2 COMP. GEN. 344; 13 ID. 210; 27 ID. 274.

WHILE IT MAY BE THAT YOUR PREVIOUS TRAILER RESIDENCE IN THE OAK GROVE TRAILER PARK IS NOT WITHIN THE CITY LIMITS OF ALEXANDRIA, IT IS OBVIOUS THAT SINCE IT IS APPROXIMATELY 3 MILES SOUTH OF THE CITY LIMITS OF ALEXANDRIA AND SINCE IT CARRIES A POST OFFICE ADDRESS IN ALEXANDRIA, IT IS WITHIN THE IMMEDIATE VICINITY OF THE CITY OF ALEXANDRIA. ALSO, SINCE YOU RESIDED IN THE TRAILER FROM JUNE 1953 UNTIL AUGUST 1956, IT IS NOT UNDERSTOOD HOW YOUR TRAILER RESIDENCE AT THE OAK GROVE TRAILER PARK MAY BE CONSIDERED A STOPOVER POINT IN THE MOVEMENT OF YOUR EFFECTS FROM TEXAS TO YOUR ADDRESS IN ALEXANDRIA. SINCE YOU HAD ESTABLISHED A HOME NEAR ALEXANDRIA, YOUR MOVE TO ANOTHER HOME IN THE CITY LIMITS OF ALEXANDRIA WAS NOT REQUIRED FOR OFFICIAL REASONS AND HAD NO REAL RELATIONSHIP TO YOUR ORDERS OF MARCH 20, 1953, BUT APPEARS TO HAVE BEEN MADE FOR PURELY PERSONAL REASONS.

ACCORDINGLY, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM AND THE SETTLEMENT OF JUNE 12, 1957, WAS CORRECT AND IS SUSTAINED.