B-134140, DEC. 17, 1957

B-134140: Dec 17, 1957

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BOTTOM: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 3. YOU WERE RETURNED TO THE UNITED STATES FROM DUTY OVERSEAS AND ASSIGNED TO DUTY AT FORT MONROE. TWO SHIPMENTS OF YOUR HOUSEHOLD EFFECTS WERE MADE FROM THE PORT OF EMBARKATION TO YOUR NEW STATION AND A LARGER QUANTITY WAS SHIPPED THERE FROM PLACE OF STORAGE. AT THAT TIME THERE WAS IN EFFECT SECTION 632 OF THE DEFENSE APPROPRIATION ACT. SINCE YOU EXCEEDED THE LATTER LIMITATION YOU WERE CHARGED EXCESS COST OF $231.90. PROVIDES THAT ANY MEMBER WHO WAS TRANSFERRED BACK TO THE UNITED STATES FROM DUTY OVERSEAS AFTER JULY 9. IS ENTITLED TO SHIPMENT OF HIS HOUSEHOLD EFFECTS WITHOUT REGARD TO THE WEIGHT LIMITATION IN SECTION 632 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT.

B-134140, DEC. 17, 1957

TO LIEUTENANT COLONEL NORMAN R. BOTTOM:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 3, 1957, RELATIVE TO YOUR CLAIM FOR $231.90, REPRESENTING THE AMOUNT COLLECTED FROM YOU AS THE EXCESS COST OF SHIPPING A QUANTITY OF YOUR HOUSEHOLD EFFECTS FROM MEMPHIS, TENNESSEE, TO FORT MONROE, VIRGINIA.

BY ORDERS DATED JANUARY 12, 1953, YOU WERE RETURNED TO THE UNITED STATES FROM DUTY OVERSEAS AND ASSIGNED TO DUTY AT FORT MONROE, VIRGINIA. TWO SHIPMENTS OF YOUR HOUSEHOLD EFFECTS WERE MADE FROM THE PORT OF EMBARKATION TO YOUR NEW STATION AND A LARGER QUANTITY WAS SHIPPED THERE FROM PLACE OF STORAGE. BY REASON OF THE LATTER SHIPMENT YOU EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE OF 10,000 POUNDS (PARAGRAPH 8001, JOINT TRAVEL REGULATIONS). AT THAT TIME THERE WAS IN EFFECT SECTION 632 OF THE DEFENSE APPROPRIATION ACT, 1953, 66 STAT. 537, WHICH LIMITED TO 9,000 POUNDS THE WEIGHT OF HOUSEHOLD EFFECTS WHICH COULD BE SHIPPED AT GOVERNMENT EXPENSE CHARGEABLE TO THAT APPROPRIATION. SINCE YOU EXCEEDED THE LATTER LIMITATION YOU WERE CHARGED EXCESS COST OF $231.90, COMPUTED ON WEIGHT IN EXCESS OF 9,000 POUNDS. HOWEVER, THE ACT OF JULY 27, 1956, 70 STAT. 700, PROVIDES THAT ANY MEMBER WHO WAS TRANSFERRED BACK TO THE UNITED STATES FROM DUTY OVERSEAS AFTER JULY 9, 1952, AND BEFORE JULY 1, 1953, IS ENTITLED TO SHIPMENT OF HIS HOUSEHOLD EFFECTS WITHOUT REGARD TO THE WEIGHT LIMITATION IN SECTION 632 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1953, AND THAT ANY MEMBER WHO HAS MADE A REPAYMENT TO THE UNITED STATES BECAUSE THE WEIGHT OF HIS HOUSEHOLD EFFECTS SHIPPED INCIDENT TO SUCH A TRANSFER EXCEEDED THE WEIGHT LIMITATION OF SECTION 632 MAY BE PAID THE AMOUNT INVOLVED, IF OTHERWISE PROPER. THE EXCESS COST IN YOUR CASE WAS RECOMPUTED UNDER THAT LAW SO THAT YOU WOULD BE CHARGED ONLY WITH THE COST OF SHIPPING GOODS IN EXCESS OF YOUR AUTHORIZED WEIGHT ALLOWANCE OF 10,000 POUNDS. THE AMOUNT DUE YOU AS REFUND, $50.49, WAS ALLOWED BY OUR SETTLEMENT OF SEPTEMBER 18, 1956. THERE IS NO BASIS, HOWEVER, ON WHICH THE ENTIRE AMOUNT COLLECTED FROM YOU MAY BE REFUNDED.