B-134849, MAR. 19, 1958

B-134849: Mar 19, 1958

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RETIRED: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 30. THE RECORD SHOWS THAT YOU WERE SERVING AS A LIEUTENANT ASSIGNED TO ACTIVE DUTY WITH THE COMMANDER FLEET ACTIVITIES. WHEN YOUR REQUEST TO BE TRANSFERRED TO THE RETIRED LIST WAS APPROVED JULY 1. YOU WERE DETACHED FROM DUTY AT YOKOSUKA. - YOU WERE TO BE DETACHED FROM ACTIVE DUTY AND TO PROCEED TO YOUR HOME OF SELECTION. IT IS SHOWN THAT YOU WERE RELEASED FROM ALL ACTIVE DUTY ON JUNE 30 AND TRANSFERRED TO THE RETIRED LIST WITH THE RANK AND RETIRED PAY OF A LIEUTENANT EFFECTIVE JULY 1. 890 POUNDS (GROSS WEIGHT) OF YOUR EFFECTS WERE SHIPPED FROM STOCKTON. 525 POUNDS) WAS TRANSPORTED BETWEEN THE SAME POINTS AT GOVERNMENT EXPENSE ON GOVERNMENT BILL OF LADING NO.

B-134849, MAR. 19, 1958

TO LIEUTENANT MARK LANHAM, USN, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 30, 1957, CONCERNING THE SETTLEMENT DATED DECEMBER 12, 1957, WHICH DISALLOWED YOUR CLAIM FOR EXPENSES INCURRED FOR TEMPORARY STORAGE OF HOUSEHOLD GOODS AT CINCINNATI, OHIO, AND FOR REIMBURSEMENT OF THE COST OF SHIPPING A PORTION OF SUCH HOUSEHOLD GOODS FROM CINCINNATI, OHIO, TO SPRINGFIELD, MISSOURI, DURING JULY 1957.

THE RECORD SHOWS THAT YOU WERE SERVING AS A LIEUTENANT ASSIGNED TO ACTIVE DUTY WITH THE COMMANDER FLEET ACTIVITIES, U.S. NAVY, YOKOSUKA, JAPAN, WHEN YOUR REQUEST TO BE TRANSFERRED TO THE RETIRED LIST WAS APPROVED JULY 1, 1956. PURSUANT TO BUREAU OF PERSONNEL MESSAGE ORDERS NO. 231253Z, ISSUED IN MAY 1956, YOU WERE DETACHED FROM DUTY AT YOKOSUKA, JAPAN, AND DIRECTED TO PROCEED TO THE UNITED STATES, THENCE TO THE APPROPRIATE NAVAL ACTIVITY NEAREST THE PORT OF DEBARKATION FOR TEMPORARY DUTY AWAITING RETIREMENT. UPON COMPLETION OF SUCH TEMPORARY DUTY--- WHEN DIRECTED BY THE COMMANDING OFFICER OF THE ACTIVITY CONCERNED--- YOU WERE TO BE DETACHED FROM ACTIVE DUTY AND TO PROCEED TO YOUR HOME OF SELECTION. IT IS SHOWN THAT YOU WERE RELEASED FROM ALL ACTIVE DUTY ON JUNE 30 AND TRANSFERRED TO THE RETIRED LIST WITH THE RANK AND RETIRED PAY OF A LIEUTENANT EFFECTIVE JULY 1, 1956.

THE RECORD FURTHER SHOWS THAT AS A RESULT OF THE ABOVE-MENTIONED ORDERS AND IN COMPLIANCE WITH YOUR APPLICATION (FORM 116) FOR TRANSPORTATION OF HOUSEHOLD GOODS, 6,890 POUNDS (GROSS WEIGHT) OF YOUR EFFECTS WERE SHIPPED FROM STOCKTON, CALIFORNIA, TO CINCINNATI, OHIO, VIA MOTOR FREIGHT ON GOVERNMENT BILL OF LADING NO. N30765544, DATED AUGUST 20, 1956, AT GOVERNMENT EXPENSE. A SECOND SHIPMENT OF HOUSEHOLD GOODS (GROSS WEIGHT OF 5,525 POUNDS) WAS TRANSPORTED BETWEEN THE SAME POINTS AT GOVERNMENT EXPENSE ON GOVERNMENT BILL OF LADING NO. N8412399, DATED JUNE 4, 1957. APPARENTLY THIS LATTER SHIPMENT WAS FROM A NONTEMPORARY STORAGE WAREHOUSE, SINCE IT IS REPORTED TO HAVE BEEN PICKED UP IN STOCKTON, CALIFORNIA, ON JUNE 12, 1957, PRIOR TO THE RECEIPT OF YOUR REQUEST, DATED JULY 8, 1957, THAT THE SHIPMENT BE DIVERTED FROM CINCINNATI TO SPRINGFIELD, MISSOURI. YOUR CLAIM FOR $188, OF WHICH $1120 COVERS FIVE DAYS TEMPORARY STORAGE IN CINCINNATI, AND THE BALANCE ($176.80) REPRESENTS RAIL FREIGHT CHARGES INCURRED INCIDENT TO THE RESHIPMENT OF SUCH EFFECTS FROM PLACE OF TEMPORARY STORAGE TO SPRINGFIELD, MISSOURI, WAS DISALLOWED BY OUR SETTLEMENT DATED DECEMBER 12, 1957, FOR THE REASONS THEREIN STATED. YOU NOW REQUEST RECONSIDERATION OF THAT SETTLEMENT.

THE TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD GOODS OF MEMBERS OF THE UNIFORMED SERVICES AT GOVERNMENT EXPENSE IS GOVERNED BY REGULATIONS PROMULGATED PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AS AMENDED, WHICH ARE PUBLISHED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 8006-1 (CHANGE 45, EFFECTIVE APRIL 1, 1956) OF SUCH REGULATIONS PROVIDED FOR TEMPORARY STORAGE OF HOUSEHOLD GOODS (WITHIN PRESCRIBED WEIGHT ALLOWANCES) AT GOVERNMENT EXPENSE, WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE MEMBER (INCLUDING BUT NOT LIMITED TO DIRECTED SURRENDER OF QUARTERS, ARRIVAL OF SHIPMENT AT DESIGNATION BEFORE ARRIVAL OF MEMBER, OR NONAVAILABILITY OF HOUSING AT DESTINATION). ALSO, THE REGULATIONS REQUIRED THAT PAYMENT VOUCHERS COVERING TEMPORARY STORAGE OF HOUSEHOLD GOODS SHOULD BE SUPPORTED BY A CERTIFICATE OF A PROPERLY DESIGNATED OFFICIAL THAT SUCH STORAGE IS NECESSARY.

PARAGRAPH 8009-6A AND C (CHANGE 43) OF THE JOINT TRAVEL REGULATIONS APPLICABLE AT THE TIME OF YOUR RETIREMENT READS, IN PERTINENT PART, AS FOLLOWS:

"A. SHIPMENT TO HOME OF SELECTION AUTHORIZED. A MEMBER ON ACTIVE DUTY WHO IS * * * RETIRED WITH PAY * * * WITH 8 OR MORE YEARS OF CONTINUOUS ACTIVE DUTY IMMEDIATELY PRECEDING RETIREMENT * * * WILL BE ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS FROM HIS LAST DUTY STATION, OR ANY OTHER PLACE TO WHICH HIS HOUSEHOLD GOODS WERE PREVIOUSLY SHIPPED AT GOVERNMENT EXPENSE * * * TO THE HOME SELECTED BY THE MEMBER FOR THE PURPOSE OF RECEIVING TRAVEL ALLOWANCES FOR HIS TRAVEL IN ACCORDANCE WITH PAR. 4158, PROVIDED THAT SUCH GOODS ARE TURNED OVER TO A TRANSPORTATION OFFICER OR CARRIER FOR SHIPMENT WITHIN ONE YEAR FOLLOWING TERMINATION OF ACTIVE DUTY. SHIPMENT OF HOUSEHOLD GOODS TO ANY PLACE OTHER THAN HOME OF SELECTION IS NOT AUTHORIZED. * * *.

"C. STORAGE. A MEMBER WHO IS ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS TO A HOME OF SELECTION UNDER THE CONDITIONS OUTLINED IN SUBPAR. A, WILL BE ENTITLED TO NONTEMPORARY STORAGE OF ALL OR ANY PORTION OF HIS HOUSEHOLD GOODS IN ACCORDANCE WITH PAR. 8006 FOR A PERIOD NOT TO EXCEED ONE YEAR FROM THE DATE OF TERMINATION OF ACTIVE DUTY. TEMPORARY STORAGE IN CONNECTION WITH A SHIPMENT FROM NONTEMPORARY STORAGE TO THE MEMBER'S HOME OF SELECTION IS NOT AUTHORIZED. * * *"

ALTHOUGH YOU HAD UNTIL JUNE 30, 1957--- YEAR FROM THE EFFECTIVE DATE OF YOUR RETIREMENT--- IN WHICH TO SELECT A HOME FOR THE PURPOSE OF RECEIVING TRAVEL ALLOWANCES, IT IS SHOWN THAT YOU MADE REQUEST FOR AND WERE PAID MILEAGE FOR "PERSONAL TRAVEL" TO CINCINNATI AFTER ONLY A PORTION OF YOUR EFFECTS WERE TRANSPORTED TO YOUR SELECTED HOME PURSUANT TO APPLICATION. ONCE A HOME IS SELECTED AND TRAVEL THERETO IS PERFORMED, SUCH SELECTION IS IRREVOCABLE. THUS, AFTER YOU PERFORMED TRAVEL TO CINCINNATI AND RECEIVED MILEAGE THEREFOR, THAT PLACE WAS CONSIDERED AS YOUR ,HOME OF SELECTION," AND THE SHIPMENT OF YOUR HOUSEHOLD GOODS TO ANY PLACE OTHER THAN CINCINNATI WAS NOT AUTHORIZED. SEE PARAGRAPH 4158 OF THE JOINT TRAVEL REGULATIONS. UNDER THE ORDERS EFFECTING YOUR RETIREMENT YOU BECAME ELIGIBLE TO HAVE ALL OR ANY PORTION OF YOUR HOUSEHOLD GOODS PLACED IN NONTEMPORARY STORAGE FOR NOT TO EXCEED ONE YEAR FROM JUNE 30, 1956. HOWEVER, THE PAYMENT OF TEMPORARY STORAGE CHARGES ON HOUSEHOLD GOODS SHIPPED FROM NONTEMPORARY STORAGE IS SPECIFICALLY PRECLUDED BY THE QUOTED REGULATIONS.

FOR THE REASONS INDICATED THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF DECEMBER 12, 1957, IS SUSTAINED.

ASIDE FROM THE FACT THAT NO PART OF YOUR CLAIM IS ALLOWABLE UNDER THE LAW AND THE APPLICATION REGULATIONS, IT NOW APPEARS THAT THE GROSS WEIGHT (12,415 POUNDS) OF YOUR HOUSEHOLD GOODS SHIPPED FROM CALIFORNIA TO CINCINNATI EXCEEDED THE AUTHORIZED WEIGHT ALLOWANCE BY 368 POUNDS, AND THAT YOU ARE LEGALLY CHARGEABLE WITH EXCESS COST ON THE EXCESS WEIGHT ABOVE INDICATED.