B-134401, JANUARY 3, 1958, 37 COMP. GEN. 458

B-134401: Jan 3, 1958

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REENLISTED AS A MASTER SERGEANT AND HAD PORTION OF HIS HOUSEHOLD EFFECTS SHIPPED FROM PLACE OF STORAGE IN THE UNITED STATES AND SOME SHIPPED FROM OVERSEAS TO THE NEW DUTY STATION DID NOT BY REASON OF REENTRY INTO THE SERVICE AS AN ENLISTED MAN FORFEIT HIS RIGHT TO HAVE HOUSEHOLD EFFECTS WITHIN THE WEIGHT ALLOWANCE PRESCRIBED FOR A LIEUTENANT COLONEL SHIPPED TO A SELECTED POINT AT GOVERNMENT EXPENSE NOT TO EXCEED THE COST FOR THE COMBINED SHIPMENT TO HIS HOME OF RECORD. 1958: REFERENCE IS MADE TO LETTER DATED SEPTEMBER 3. THE CLAIM IS FOR AMOUNTS CHECKED AGAINST MR. WAS TRANSFERRED FROM ARMY LANGUAGE SCHOOL. THE MAJOR PORTION OF HIS HOUSEHOLD EFFECTS WERE PLACED IN STORAGE AT MIRA LOMA INCIDENT TO THOSE ORDERS.

B-134401, JANUARY 3, 1958, 37 COMP. GEN. 458

MILITARY PERSONNEL - TRANSPORTATION - HOUSEHOLD EFFECTS - WEIGHT ALLOWANCE - SEPARATION AS OFFICER AND REENTRY INTO SERVICE AS ENLISTED MEMBER AN ARMY MEMBER WHO, AFTER RETURN FROM OVERSEAS AND SEPARATION FROM THE SERVICE AS A LIEUTENANT COLONEL, REENLISTED AS A MASTER SERGEANT AND HAD PORTION OF HIS HOUSEHOLD EFFECTS SHIPPED FROM PLACE OF STORAGE IN THE UNITED STATES AND SOME SHIPPED FROM OVERSEAS TO THE NEW DUTY STATION DID NOT BY REASON OF REENTRY INTO THE SERVICE AS AN ENLISTED MAN FORFEIT HIS RIGHT TO HAVE HOUSEHOLD EFFECTS WITHIN THE WEIGHT ALLOWANCE PRESCRIBED FOR A LIEUTENANT COLONEL SHIPPED TO A SELECTED POINT AT GOVERNMENT EXPENSE NOT TO EXCEED THE COST FOR THE COMBINED SHIPMENT TO HIS HOME OF RECORD.

TO THE SECRETARY OF THE ARMY, JANUARY 3, 1958:

REFERENCE IS MADE TO LETTER DATED SEPTEMBER 3, 1957, FROM FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, FINCV-B 524.2, COPY ENCLOSED, TRANSMITTING TO THIS OFFICE FOR SETTLEMENT THE CLAIM OF MASTER SERGEANT WILLIAM P. CALLAGHAN, RO 13 525 921. THE CLAIM IS FOR AMOUNTS CHECKED AGAINST MR. CALLAGHAN'S PAY AS THE EXCESS COST OF SHIPPING HIS HOUSEHOLD GOODS FROM MIRA LOMA, CALIFORNIA, TO FORT GEORGE G. MEADE, MARYLAND.

BY PARAGRAPH 24, DEPARTMENT OF THE ARMY SPECIAL ORDERS NO. 183, DATED SEPTEMBER 12, 1951, THE MEMBER, THEN LIEUTENANT COLONEL, WAS TRANSFERRED FROM ARMY LANGUAGE SCHOOL, PRESIDIO OF MONTEREY, CALIFORNIA, TO SALZBURG, AUSTRIA. THE MAJOR PORTION OF HIS HOUSEHOLD EFFECTS WERE PLACED IN STORAGE AT MIRA LOMA INCIDENT TO THOSE ORDERS. BY PARAGRAPH 1, SPECIAL ORDERS NO. 149, UNITED STATES FORCES IN AUSTRIA, DATED AUGUST 4, 1954, HE WAS RELIEVED FROM ASSIGNMENT AT CAMP DARBY, ITALY, AND RETURNED TO FORT HAMILTON, NEW YORK, FOR SEPARATION FROM THE SERVICE. HIS RELEASE FROM ACTIVE DUTY WAS EFFECTED BY PARAGRAPH 52, FORT HAMILTON SPECIAL ORDERS NO. 226, DATED OCTOBER 1, 1954, IT BEING SHOWN THAT HIS HOME OF RECORD IS WASHINGTON, D.C. ON OCTOBER 14, 1954, THE MEMBER REENLISTED AS MASTER SERGEANT AT FORT GEORGE G. MEADE, MARYLAND, AND BY PARAGRAPH 20, SPECIAL ORDERS NO. 224 OF THE SAME DATE WAS ASSIGNED TO DUTY AT THAT STATION. HOUSEHOLD EFFECTS WEIGHING 2,889 POUNDS WERE SHIPPED FROM OVERSEAS TO FORT GEORGE G. MEADE, AND 9,034 POUNDS WERE SHIPPED TO THAT STATION FROM MIRA LOMA. THE MEMBER WAS CHARGED WITH EXCESS COST OF $551.90 COMPUTED ON A WEIGHT ALLOWANCE OF 6,000 POUNDS, THE WEIGHT ALLOWANCE OF HIS ENLISTED RANK AT TIME OF SHIPMENT. IT APPEARS THAT THE MAJOR PORTION OF THAT AMOUNT HAS BEEN COLLECTED FROM HIM.

PARAGRAPH 8001-1 (FOOTNOTE 1), JOINT TRAVEL REGULATIONS, PROVIDES THAT THE WEIGHT ALLOWANCE OF AN INDIVIDUAL IS BASED UPON HIS GRADE OR RATING AT THE TIME OF HIS DETACHMENT FROM LAST DUTY STATION. THE SAME PARAGRAPH, HOWEVER, AUTHORIZES A WEIGHT ALLOWANCE OF 10,000 POUNDS FOR LIEUTENANT COLONEL UPON PERMANENT CHANGE OF STATION, AND PARAGRAPH 8000 6 PROVIDES THAT A PERMANENT CHANGE OF STATION INCLUDES THE CHANGE FROM LAST STATION TO HOME UPON RELEASE FROM ACTIVE DUTY. THE REGULATION FURTHER PROVIDES (PARAGRAPH 8009-5) THAT A MEMBER UPON RELEASE FROM ACTIVE DUTY IS ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS FROM LAST OR ANY PREVIOUS DUTY STATION, FROM A DESIGNATED PLACE IN THE UNITED STATES, OR FROM PLACE OF STORAGE, OR ANY COMBINATION THEREOF, TO EITHER THE HOME OF RECORD, OR THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, PROVIDED THAT SUCH SHIPMENT IS MADE WITHIN ONE YEAR FOLLOWING HIS RELEASE FROM ACTIVE DUTY. THUS, HAD THE MEMBER NOT REENTERED THE SERVICE IT SEEMS CLEAR HE COULD HAVE SHIPPED HIS EFFECTS, NOT TO EXCEED 10,000 POUNDS, TO WASHINGTON, D.C., OR TO SOME OTHER POINT AT NO GREATER COST AT ANY TIME WITHIN ONE YEAR FOLLOWING HIS RELEASE FROM ACTIVE DUTY. THE REGULATIONS DO NOT REQUIRE THAT HE FORFEIT SUCH RIGHT BY REASON OF REENTRY INTO THE SERVICE AS AN ENLISTED MAN. HENCE, IT IS CONCLUDED THAT IN ADDITION TO HIS WEIGHT ALLOWANCE OF 6,000 POUNDS AS MASTER SERGEANT HE FURTHER WAS ENTITLED TO SHIP NOT TO EXCEED 4,000 POUNDS OF HOUSEHOLD EFFECTS FROM PLACE OF STORAGE TO ANY POINT NOT TO EXCEED THE COST OF SUCH SHIPMENT TO HIS HOME OF RECORD, WASHINGTON, D.C. ACCORDINGLY, THE EXCESS COST IN THIS CASE MAY BE RECOMPUTED ON THAT BASIS AND THE AMOUNT FOUND DUE FOR REFUND MAY BE PAID TO THE MEMBER BY THE DEPARTMENT OF THE ARMY.

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