B-134956, MARCH 10, 1958, 37 COMP. GEN. 593

B-134956: Mar 10, 1958

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DOES NOT PRECLUDE SHIPMENT OUTSIDE THE UNITED STATES AT GOVERNMENT EXPENSE OF THAT PORTION OF THE HOUSEHOLD EFFECTS WHICH IS SUSCEPTIBLE OF BEING TRANSPORTED INDEPENDENTLY OF THE TRAILER AND FOR WHICH NO TRAILER ALLOWANCE IS PAYABLE. 1958: REFERENCE IS MADE TO LETTER OF JANUARY 16. CONCURRENT TRAVEL OF DEPENDENTS WAS NOT AUTHORIZED. WHEN TRAVEL OF DEPENDENTS WAS AUTHORIZED. HE IS SUBSEQUENTLY RETURNED TO A DUTY STATION WITHIN THE UNITED STATES ON A PERMANENT CHANGE OF STATION. MAY THE MEMBER HAVE HIS HOUSEHOLD GOODS SHIPPED AT GOVERNMENT EXPENSE FROM HIS OVERSEAS DUTY STATION TO THE PORT OF ENTRY INTO THE UNITED STATES AND RECEIVE THE TRAILER ALLOWANCE FOR TRANSPORTING A TRAILER TO THE NEW DUTY STATION IN THE UNITED STATES AT NOT TO EXCEED THE DISTANCE FROM THE PORT OF ENTRY INTO THE UNITED STATES?

B-134956, MARCH 10, 1958, 37 COMP. GEN. 593

MILITARY PERSONNEL - TRAILER ALLOWANCE - OVERSEAS ASSIGNMENTS - TRANSPORTATION OF EFFECTS OUTSIDE UNITED STATES AN ELECTION BY MEMBERS OF THE UNIFORMED SERVICES, INCIDENT TO ASSIGNMENT TO AND FROM PERMANENT OVERSEAS STATIONS, TO RECEIVE A TRAILER ALLOWANCE FOR THAT PORTION OF THE TRANSPORTATION IN THE UNITED STATES PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (C), DOES NOT PRECLUDE SHIPMENT OUTSIDE THE UNITED STATES AT GOVERNMENT EXPENSE OF THAT PORTION OF THE HOUSEHOLD EFFECTS WHICH IS SUSCEPTIBLE OF BEING TRANSPORTED INDEPENDENTLY OF THE TRAILER AND FOR WHICH NO TRAILER ALLOWANCE IS PAYABLE.

TO THE SECRETARY OF THE NAVY, MARCH 10, 1958:

REFERENCE IS MADE TO LETTER OF JANUARY 16, 1958, FROM THE ASSISTANT SECRETARY OF THE NAVY ( PERSONNEL AND RESERVE FORCES), REQUESTING A DECISION AS TO WHETHER AN ELECTION BY MEMBERS OF THE UNIFORMED SERVICES ON ASSIGNMENT TO OR FROM PERMANENT OVERSEAS STATIONS TO RECEIVE THE TRAILER ALLOWANCE IN LIEU OF TRANSPORTATION OF HOUSEHOLD EFFECTS UNDER AUTHORITY OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, FOR THE PORTION OF THE TRAVEL WITHIN THE UNITED STATES BARS SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FOR THE PORTION OF THE TRAVEL OUTSIDE THE UNITED STATES IN CIRCUMSTANCES ILLUSTRATED AS FOLLOWS:

CASE A. MEMBER TRANSFERRED FROM STATION A WITHIN THE UNITED STATES TO STATION B OUTSIDE THE UNITED STATES. THE MEMBER ELECTS THE TRAILER ALLOWANCE AND ACTUALLY TRANSPORTS HIS HOME TRAILER TO HIS NEW DUTY STATION. IN ADDITION, MEMBER SHIPS HOUSEHOLD GOODS TO HIS NEW DUTY STATION. SINCE NO TRAILER ALLOWANCE ACCRUES FOR ANY DISTANCE BEYOND CONTINENTAL UNITED STATES, MAY THE MEMBER'S HOUSEHOLD GOODS BE SHIPPED AT GOVERNMENT EXPENSE FROM THE PORT OF EMBARKATION (TO WHICH THE MEMBER TRANSPORTED HIS TRAILER) TO THE OVERSEAS DUTY STATION? UPON RETURN OF THE MEMBER IN THIS CASE TO THE UNITED STATES ON A PERMANENT CHANGE OF STATION MAY HE SHIP HOUSEHOLD GOODS FROM HIS OVERSEAS DUTY STATION TO THE PORT OF ENTRY INTO THE UNITED STATES AND RECEIVE THE TRAILER ALLOWANCE FROM THE PORT OF ENTRY INTO THE UNITED STATES TO HIS NEW DUTY STATION IN THE UNITED STATES?

CASE B. MEMBER TRANSFERRED FROM STATION A WITHIN THE UNITED STATES TO STATION B OUTSIDE THE UNITED STATES. CONCURRENT TRAVEL OF DEPENDENTS WAS NOT AUTHORIZED. THE MEMBER TRANSPORTED HIS TRAILER TO A DESIGNATED PLACE AND RECEIVED THE TRAILER ALLOWANCE IN ACCORDANCE WITH PARAGRAPH 10006-2A, JOINT TRAVEL REGULATIONS. WHEN TRAVEL OF DEPENDENTS WAS AUTHORIZED, HE ELECTED TO SHIP HOUSEHOLD GOODS FROM THE DESIGNATED PLACE IN ACCORDANCE WITH 10006-2B (1), JOINT TRAVEL REGULATIONS. HE IS SUBSEQUENTLY RETURNED TO A DUTY STATION WITHIN THE UNITED STATES ON A PERMANENT CHANGE OF STATION. MAY THE MEMBER HAVE HIS HOUSEHOLD GOODS SHIPPED AT GOVERNMENT EXPENSE FROM HIS OVERSEAS DUTY STATION TO THE PORT OF ENTRY INTO THE UNITED STATES AND RECEIVE THE TRAILER ALLOWANCE FOR TRANSPORTING A TRAILER TO THE NEW DUTY STATION IN THE UNITED STATES AT NOT TO EXCEED THE DISTANCE FROM THE PORT OF ENTRY INTO THE UNITED STATES?

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO CERTAIN ALLOWANCES IN ADDITION TO THEIR OWN TRAVEL ALLOWANCES. THE ADDITIONAL ALLOWANCES, SUBJECT TO REGULATION BY THE SECRETARIES, INCLUDE TRANSPORTATION OF DEPENDENTS, TRANSPORTATION, INCLUDING PACKING AND CRATING, OF BAGGAGE AND HOUSEHOLD EFFECTS, AND A DISLOCATION ALLOWANCE. IT FURTHER PROVIDES THAT IN LIEU OF TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS, A MEMBER WHO TRANSPORTS A HOUSE TRAILER OR MOBILE DWELLING WITHIN THE CONTINENTAL UNITED STATES FOR USE AS A RESIDENCE AND WHO WOULD OTHERWISE BE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS, SHALL, UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED, BE ENTITLED TO A REASONABLE ALLOWANCE, NOT TO EXCEED 20 CENTS PER MILE, OR TO THE DISLOCATION ALLOWANCE, WHICHEVER HE ELECTS. THE LEGISLATIVE HISTORY OF THE LATTER PROVISION SHOWS THAT IT WAS INTENDED TO MAKE IT POSSIBLE FOR A MAN WHO HAS ALL HIS FURNITURE IN A TRAILER TO RECEIVE COMPENSATION FOR MOVING HIS FURNITURE IN THE TRAILER INSTEAD OF MOVING IT IN A SEPARATE VAN. SEE 101 CONGRESSIONAL RECORD 3430, ( MARCH 30, 1955).

THE LANGUAGE IN THE CITED STATUTE,"WHO TRANSPORTS A HOUSE TRAILER OR MOBILE DWELLING WITHIN THE CONTINENTAL UNITED STATES FOR USE AS A RESIDENCE," HAS BEEN CONSTRUED AS SUFFICIENTLY BROAD TO ENTITLE A MEMBER-- - LIMITED BY REGULATIONS TO A MEMBER WITH DEPENDENTS--- WHO TRANSPORTS A HOUSE TRAILER TO A PORT OF EMBARKATION INCIDENT TO A PERMANENT OVERSEAS ASSIGNMENT, TO THE TRAILER ALLOWANCE AS AUTHORIZED IN CASES OF PERMANENT CHANGES OF STATION IN THE UNITED STATES. UNDER THE TERMS OF THE STATUTE, WHERE A HOUSE TRAILER IS TRANSPORTED INCIDENT TO AN ORDERED CHANGE FROM ONE PERMANENT STATION TO ANOTHER WITHIN THE CONTINENTAL UNITED STATES, THE MEMBER'S ELECTION TO FOREGO PAYMENT TO HIM OF A DISLOCATION ALLOWANCE AND SHIPMENT OF HOUSEHOLD EFFECTS TO WHICH HE OTHERWISE WOULD BE ENTITLED CLEARLY CONSTITUTES A FULL CONSIDERATION FOR PAYMENT TO HIM OF THE TRAILER ALLOWANCE. IT WOULD APPEAR THAT THIS ALSO WOULD BE TRUE WHERE THE MOVEMENT OF THE TRAILER IN LIEU OF A DISLOCATION ALLOWANCE AND TRANSPORTATION OF HOUSEHOLD EFFECTS IS TO OR FROM A PORT. ON THAT BASIS, NO REASON IS PERCEIVED WHY A MEMBER HAVING HOUSEHOLD EFFECTS SUSCEPTIBLE OF BEING SHIPPED INDEPENDENTLY OF HIS HOUSE TRAILER SHOULD NOT HAVE SUCH EFFECTS TRANSPORTED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, TO WHICH NO RIGHT TO TRAILER ALLOWANCE EXTENDS, AT GOVERNMENT EXPENSE WITHIN THE LIMITS SET OUT IN CASES A AND B QUOTED ABOVE, PROVIDED THE REGULATIONS ARE AMENDED TO SO PROVIDE. YOUR QUESTIONS ARE ANSWERED ACCORDINGLY.