B-136061, JUL. 8, 1958

B-136061: Jul 8, 1958

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N. DOBBINS: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 13. YOU WERE RELEASED FROM ACTIVE DUTY AS A LIEUTENANT COLONEL EFFECTIVE SEPTEMBER 4. IT BEING SHOWN THAT YOUR HOME OF RECORD WAS WEBSTER GROVES. YOU WERE TRANSFERRED TO BOSTON. THE PORTION OF YOUR HOUSEHOLD EFFECTS WHICH HAD BEEN RETURNED TO CALIFORNIA FROM YOUR OVERSEAS STATION WAS SHIPPED TO BOSTON BY RAIL. THE REMAINDER WHICH HAD BEEN IN STORAGE AT MIRA LOMA WAS SHIPPED TO BOSTON BY VAN. SINCE THE SHIPMENTS EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE AS MASTER SERGEANT YOU WERE REQUIRED TO REFUND THE COST INCURRED IN SHIPPING THE EXCESS WEIGHT OF HOUSEHOLD EFFECTS BY VAN. PARAGRAPH 8001-1 (FOOTNOTE 1) OF THE 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.

B-136061, JUL. 8, 1958

TO MASTER SERGEANT SAMUEL O. N. DOBBINS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 13, 1958, WITH ENCLOSURES, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 10, 1957, WHICH DISALLOWED YOUR CLAIM FOR $360.26, REPRESENTING THE AMOUNT COLLECTED FROM YOU AS THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM MIRA LOMA, CALIFORNIA, TO BOSTON, MASSACHUSETTS, WHILE SERVING AS MASTER SERGEANT, REGULAR ARMY.

BY SPECIAL ORDERS NO. 49, DATED AUGUST 27, 1954, FORT ORD, CALIFORNIA, YOU WERE RELEASED FROM ACTIVE DUTY AS A LIEUTENANT COLONEL EFFECTIVE SEPTEMBER 4, 1954, IT BEING SHOWN THAT YOUR HOME OF RECORD WAS WEBSTER GROVES, MISSOURI. BY SPECIAL ORDERS NO. 51, DATED SEPTEMBER 9, 1954, HAVING ENLISTED IN THE GRADE OF MASTER SERGEANT IN THE REGULAR ARMY ON THAT DATE AT SAN FRANCISCO, CALIFORNIA, YOU WERE TRANSFERRED TO BOSTON, MASSACHUSETTS, AS A PERMANENT CHANGE OF STATION. THEREAFTER, THE PORTION OF YOUR HOUSEHOLD EFFECTS WHICH HAD BEEN RETURNED TO CALIFORNIA FROM YOUR OVERSEAS STATION WAS SHIPPED TO BOSTON BY RAIL, AND THE REMAINDER WHICH HAD BEEN IN STORAGE AT MIRA LOMA WAS SHIPPED TO BOSTON BY VAN. SINCE THE SHIPMENTS EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE AS MASTER SERGEANT YOU WERE REQUIRED TO REFUND THE COST INCURRED IN SHIPPING THE EXCESS WEIGHT OF HOUSEHOLD EFFECTS BY VAN.

PARAGRAPH 8001-1 (FOOTNOTE 1) OF THE 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 AUTHORIZES A WEIGHT ALLOWANCE OF 10,000 POUNDS FOR A LIEUTENANT COLONEL UPON PERMANENT CHANGE OF STATION, AND PARAGRAPH 8000-7 PROVIDES THAT A PERMANENT CHANGE OF STATION INCLUDES THE CHANGE FROM LAST STATION TO HOME UPON RELEASE FROM ACTIVE DUTY. THE REGULATIONS FURTHER PROVIDE (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 TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, PROVIDED THAT SUCH SHIPMENT IS MADE WITHIN ONE YEAR FOLLOWING HIS RELEASE FROM ACTIVE DUTY.

HAD YOU NOT REENTERED THE SERVICE IT SEEMS CLEAR YOU COULD HAVE SHIPPED YOUR EFFECTS, NOT TO EXCEED 10,000 POUNDS, TO WEBSTER GROVES, MISSOURI, OR TO SOME OTHER POINT AT NO GREATER COST AT ANY TIME WITHIN ONE YEAR FROM YOUR RELEASE FROM ACTIVE DUTY. THE REGULATIONS DO NOT REQUIRE THE FORFEITURE OF SUCH RIGHT BY REASON OF YOUR REENTRY INTO THE SERVICE AS AN ENLISTED MAN. SINCE YOUR EFFECTS WERE SHIPPED WITHIN ONE YEAR FROM THE DATE OF YOUR RELEASE FROM ACTIVE DUTY AND DID NOT EXCEED YOUR AUTHORIZED WEIGHT ALLOWANCE AS LIEUTENANT COLONEL, YOU ARE NOT CHARGEABLE WITH EXCESS COST FOR SHIPMENT COMPUTED ON THE DISTANCE FROM MIRA LIMA, CALIFORNIA, TO WEBSTER GROVES, MISSOURI. SINCE SHIPMENT FOR THE ADDITIONAL DISTANCE TO BOSTON WAS INCIDENT TO YOUR DUTY ASSIGNMENT AS MASTER SERGEANT YOU ARE PROPERLY CHARGED WITH THE COST OF SHIPPING HOUSEHOLD EFFECTS IN EXCESS OF THE ALLOWANCE FOR A MASTER SERGEANT FOR THAT DISTANCE.

THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS WILL BE RECOMPUTED ON THE BASIS INDICATED ABOVE, AND A SETTLEMENT FOR THE AMOUNT DUE YOU AS REFUND WILL BE ISSUED IN DUE COURSE.