B-136665, JUL. 31, 1958

B-136665: Jul 31, 1958

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COLLIER: FURTHER REFERENCE IS MADE TO YOUR INDORSEMENT OF JUNE 9. SINCE YOUR PRESENT CLAIM IS A DUPLICATE OF THE CLAIM WHICH WAS DISALLOWED BY OUR SETTLEMENT OF APRIL 12. IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT. YOU WERE RELEASED FROM ACTIVE DUTY AS MAJOR AND DIRECTED TO PROCEED TO YOUR HOME. PAPERS AND EQUIPMENT) WERE SHIPPED FROM FAYETTEVILLE. SINCE THE WEIGHT SHIPPED WAS 600 POUNDS IN EXCESS OF YOUR AUTHORIZED WEIGHT ALLOWANCE AS SERGEANT FIRST CLASS. YOU WERE REQUIRED TO PAY THE EXCESS COST OF $103.77. 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-136665, JUL. 31, 1958

TO SERGEANT FIRST CLASS HERMAN C. COLLIER:

FURTHER REFERENCE IS MADE TO YOUR INDORSEMENT OF JUNE 9, 1958, PRESENTING YOUR CLAIM FOR PARTIAL REFUND OF THE AMOUNT COLLECTED FROM YOU AS THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD GOODS FROM FORT BRAGG, NORTH CAROLINA, TO VANCOUVER, WASHINGTON, UPON YOUR RELEASE FROM ACTIVE DUTY AS MAJOR AND REENLISTMENT AS SERGEANT FIRST CLASS, REGULAR ARMY. SINCE YOUR PRESENT CLAIM IS A DUPLICATE OF THE CLAIM WHICH WAS DISALLOWED BY OUR SETTLEMENT OF APRIL 12, 1956, IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

BY PARAGRAPH 45, SPECIAL ORDER NO. 140, DATED JUNE 17, 1954, FORT BRAGG, NORTH CAROLINA, YOU WERE RELEASED FROM ACTIVE DUTY AS MAJOR AND DIRECTED TO PROCEED TO YOUR HOME, EL CAJON, CALIFORNIA. FOLLOWING YOUR ENLISTMENT IN THE ARMY AT LOS ANGELES, CALIFORNIA, ON AUGUST 25, 1954, AS A SERGEANT FIRST CLASS, PARAGRAPH 14, SPECIAL ORDERS NO. 39, DIRECTED YOU TO PROCEED TO VANCOUVER BARRACKS, WASHINGTON, FOR DUTY. ON SEPTEMBER 3, 1954, YOUR HOUSEHOLD EFFECTS, WEIGHING 7,950 POUNDS (INCLUDING 1,575 POUNDS OF PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT) WERE SHIPPED FROM FAYETTEVILLE, NORTH CAROLINA, TO VANCOUVER, WASHINGTON, AT GOVERNMENT EXPENSE. SINCE THE WEIGHT SHIPPED WAS 600 POUNDS IN EXCESS OF YOUR AUTHORIZED WEIGHT ALLOWANCE AS SERGEANT FIRST CLASS, YOU WERE REQUIRED TO PAY THE EXCESS COST OF $103.77.

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 9,500 POUNDS FOR A MAJOR 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 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 THAT YOU COULD HAVE SHIPPED YOUR EFFECTS, NOT TO EXCEED 9,500 POUNDS, TO EL CAJON, CALIFORNIA, 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. HENCE, IN ADDITION TO YOUR RIGHT TO SHIP YOUR AUTHORIZED WEIGHT ALLOWANCE AS AN ENLISTED MAN FROM FAYETTEVILLE TO VANCOUVER AT GOVERNMENT EXPENSE, YOU ARE ENTITLED TO REIMBURSEMENT FOR THE COST OF SHIPPING THE EXCESS WEIGHT INVOLVED FROM FAYETTEVILLE TO VANCOUVER NOT TO EXCEED THE COST OF SHIPPING A LIKE WEIGHT FROM FAYETTEVILLE TO EL CAJON.

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