B-141064, DEC. 28, 1959

B-141064, DEC. 28, 1959

TO LIEUTENANT DALVIN E. EISENBRAUN:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 8, 1959, REQUESTING REVIEW OF SETTLEMENT MADE JULY 30, 1959, WHICH ALLOWED $12.81 AS REIMBURSEMENT OF THE EXPENSE INVOLVED IN THE HAULING OF YOUR AUTHORIZED WEIGHT ALLOWANCE OF HOUSEHOLD EFFECTS BY RENTED TRAILER FROM FORT PIERRE, SOUTH DAKOTA, TO FORT KNOX, KENTUCKY, INCIDENT TO ORDERS TO ACTIVE DUTY FOR TRAINING DATED SEPTEMBER 3, 1958.

THE RECORD SHOWS THAT BY ORDERS ISSUED SEPTEMBER 3, 1958, BY HEADQUARTERS, FIFTH UNITED STATES ARMY, YOU WERE ORDERED FROM SCOTLAND, SOUTH DAKOTA, FOR A TOUR OF ACTIVE DUTY FOR TRAINING FOR A PERIOD OF SIX MONTHS EFFECTIVE OCTOBER 4, 1958, AND WERE DIRECTED TO REPORT TO THE UNITED STATES ARMY ARMOR SCHOOL, FORT KNOX, KENTUCKY, OCTOBER 6, 1958. SHIPMENT OF TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE ONLY WAS AUTHORIZED. INCIDENT TO THESE ORDERS YOU RENTED A TRAILER AT PIERRE, SOUTH DAKOTA, SEPTEMBER 4, 1958, AT A COST OF $30.50, INCLUDING $5 INSURANCE. IN THIS TRAILER AND YOUR STATION WAGON YOU HAULED AN ESTIMATED 3,000 POUNDS OF HOUSEHOLD EFFECTS TO FORT KNOX, KENTUCKY, SEPTEMBER 4-10, 1958. YOU HAVE STATED THAT APPROXIMATELY HALF OF THIS WEIGHT, OR 1,500 POUNDS, WAS TRANSPORTED IN THE TRAILER. SINCE UNDER YOUR ORDERS YOU WERE LIMITED TO SHIPMENT OF THE TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE OF 600 POUNDS INCREASED BY 5 PERCENT FOR PACKING MATERIALS, OR 630 POUNDS, YOU WERE REIMBURSED ON THE BASIS OF 630/1500 OF $30.50, FOR A TOTAL OF $12.81. IN YOUR REQUEST FOR REVIEW YOU CONTEND, IN SUBSTANCE, THAT YOU SHOULD BE REIMBURSED THE FULL AMOUNT OF THE TRAILER RENTAL ON THE GROUND THAT THE GOVERNMENT COULD NOT HAVE SHIPPED THE TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE OF HOUSEHOLD EFFECTS FOR LESS THAN THE EXPENSE INCURRED BY YOU IN TRANSPORTING 1,500 POUNDS BY TRAILER.

TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS GOVERNED BY APPLICABLE LAW AND REGULATIONS. SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS OR "REIMBURSEMENT THEREFOR" WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED,"WITHOUT REGARD TO THE COMPARATIVE COSTS OF THE VARIOUS MODES OF TRANSPORTATION.' THUS, WHERE HOUSEHOLD EFFECTS ARE MOVED AT PERSONAL EXPENSE, REIMBURSEMENT TO THE MEMBER IS LIMITED BY LAW NOT TO EXCEED THE EXPENSE INCURRED BY HIM IN TRANSPORTING HOUSEHOLD EFFECTS WITHIN HIS AUTHORIZED WEIGHT ALLOWANCE. SINCE YOU HAVE BEEN REIMBURSED ON THAT BASIS, THERE IS NO AUTHORITY OF LAW FOR THE ALLOWANCE OF ANY ADDITIONAL AMOUNT.