B-141419, JANUARY 14, 1960, 39 COMP. GEN. 522

B-141419: Jan 14, 1960

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WHICH ARE SUBSEQUENTLY AMENDED OR CANCELED. 1960: REFERENCE IS MADE TO LETTER OF DECEMBER 2. THE LETTER WAS FORWARDED HERE BY THE PER DIEM. THE ASSISTANT SECRETARY CALLS ATTENTION TO THE PROVISIONS OF PARAGRAPH 10011 OF THE JOINT TRAVEL REGULATIONS WHICH CURRENTLY PROVIDE THAT WHEN PERMANENT CHANGE OF STATION ORDERS ARE CANCELED PRIOR TO THE EFFECTIVE DATE. A MEMBER IS NOT ENTITLED TO THE TRAILER ALLOWANCE EVEN THOUGH HE HAS TRANSPORTED A HOUSE TRAILER IN GOOD FAITH. IT IS ALSO POINTED OUT THAT PARAGRAPH 8008 OF THE JOINT TRAVEL REGULATIONS PROVIDE THAT SHIPMENT OF HOUSEHOLD GOODS MADE AFTER RECEIPT OF COMPETENT CHANGE OF STATION ORDERS. WILL BE FORWARDED OR RETURNED TO PROPER DESTINATION AT GOVERNMENT EXPENSE IN CASE SUCH ORDERS ARE SUBSEQUENTLY AMENDED OR CANCELED.

B-141419, JANUARY 14, 1960, 39 COMP. GEN. 522

MILITARY PERSONNEL - TRAILER ALLOWANCE - AMENDMENT OR REVOCATION OF ORDERS THE TRANSPORTATION OF A TRAILER BELONGING TO A MEMBER OF THE UNIFORMED SERVICES BY A COMMERCIAL TRANSPORTER OR BY OTHER MEANS AFTER NOTICE OF A PERMANENT CHANGE OF STATION, BUT BEFORE THE EFFECTIVE DATE OF THE ORDERS, NOT ONLY INVOLVES THE SAME CONSIDERATIONS AS IN THE CASE OF A SHIPMENT OF HOUSEHOLD EFFECTS BY THE GOVERNMENT, PRIOR TO THE EFFECTIVE DATE OF ORDERS, BUT ALSO SIMILAR CIRCUMSTANCES IN INTERCEPTING THE SHIPMENT IN TRANSIT ON THE AMENDMENT OR CANCELLATION OF THE ORDERS SO THAT AN AMENDMENT TO SECTION 10011 OF THE JOINT TRAVEL REGULATIONS TO PERMIT ENTITLEMENT TO A TRAILER ALLOWANCE FOR MOVEMENTS MADE PRIOR TO THE EFFECTIVE DATE OF ORDERS, WHICH ARE SUBSEQUENTLY AMENDED OR CANCELED, WOULD BE PROPER.

TO THE SECRETARY OF THE NAVY, JANUARY 14, 1960:

REFERENCE IS MADE TO LETTER OF DECEMBER 2, 1959, FROM THE ASSISTANT SECRETARY OF THE NAVY ( PERSONNEL AND RESERVE FORCES) REQUESTING DECISION AS TO A PROPOSED MODIFICATION OF PARAGRAPH 10011 OF THE JOINT TRAVEL REGULATIONS. THE LETTER WAS FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE BY LETTER OF DECEMBER 4, 1959, HAVING BEEN ASSIGNED CONTROL NO. 59-49.

THE ASSISTANT SECRETARY CALLS ATTENTION TO THE PROVISIONS OF PARAGRAPH 10011 OF THE JOINT TRAVEL REGULATIONS WHICH CURRENTLY PROVIDE THAT WHEN PERMANENT CHANGE OF STATION ORDERS ARE CANCELED PRIOR TO THE EFFECTIVE DATE, A MEMBER IS NOT ENTITLED TO THE TRAILER ALLOWANCE EVEN THOUGH HE HAS TRANSPORTED A HOUSE TRAILER IN GOOD FAITH. IT IS ALSO POINTED OUT THAT PARAGRAPH 8008 OF THE JOINT TRAVEL REGULATIONS PROVIDE THAT SHIPMENT OF HOUSEHOLD GOODS MADE AFTER RECEIPT OF COMPETENT CHANGE OF STATION ORDERS, BUT BEFORE THE EFFECTIVE DATE THEREOF, WILL BE FORWARDED OR RETURNED TO PROPER DESTINATION AT GOVERNMENT EXPENSE IN CASE SUCH ORDERS ARE SUBSEQUENTLY AMENDED OR CANCELED, PROVIDED SUCH SHIPMENT IS MADE IN THE BEST FORESEEABLE INTEREST OF THE GOVERNMENT AND THE MEMBER.

IT IS STATED THAT WHEN A TRAILER IS TRANSPORTED BY A COMMERCIAL TRANSPORTER, THE NECESSITY FOR COMMENCING THE MOVEMENT BEFORE THE EFFECTIVE DATE OF ORDERS, AND THE CIRCUMSTANCES, SO FAR AS CONTROL IN TRANSIT ARE CONCERNED, ARE THE SAME AS IN THE CASE OF SHIPMENT OF HOUSEHOLD EFFECTS BY THE GOVERNMENT. IT IS PROPOSED, THEREFORE, TO REVISE PARAGRAPH 10011 OF THE JOINT TRAVEL REGULATIONS TO PROVIDE THAT (1) A MEMBER WHOSE HOUSE TRAILER IS MOVED BY A COMMERCIAL TRANSPORTER AFTER RECEIPT OF COMPETENT CHANGE OF STATION ORDERS, BUT BEFORE THE EFFECTIVE DATE THEREOF, WILL BE ENTITLED TO THE TRAILER ALLOWANCE FOR THE DISTANCE THE TRAILER WAS MOVED, INCLUDING RETURN TO THE OLD STATION, OR FOR TRANSPORTING IT TO A NEW STATION, IN CASE SUCH ORDERS ARE SUBSEQUENTLY CANCELED OR AMENDED, AND (2) A MEMBER WHO TRANSPORTS HIS TRAILER BY OTHER MEANS UNDER THESE CONDITIONS WILL BE LIMITED TO THE ALLOWANCE FOR THE OFFICIAL DISTANCE BETWEEN OLD PERMANENT AND ULTIMATE NEW PERMANENT STATIONS.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES, AMONG OTHER THINGS, THAT IN CONNECTION WITH A CHANGE OF STATION MEMBERS SHALL BE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES. IT FURTHER PROVIDES, IN LIEU OF TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS, THAT A MEMBER WHO TRANSPORTS A 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 UNDER THIS SECTION SHALL, UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED, BE ENTITLED TO A REASONABLE ALLOWANCE, NOT TO EXCEED 20 CENTS PER MILE.

WHILE IT LONG HAS BEEN THE RULE THAT TRAVEL AND TRANSPORTATION RIGHTS DO NOT ACCRUE UNTIL THE EFFECTIVE DATE OF ORDERS AND THAT A MEMBER WHO COMMENCES TRAVEL OR MOVES HIS DEPENDENTS FROM HIS OLD STATION PRIOR TO THE EFFECTIVE DATE OF HIS ORDERS DOES SO AT THE RISK THAT THE ORDERS MAY BE AMENDED OR CANCELED PRIOR TO THEIR EFFECTIVE DATE, IN WHICH EVENT THE MAXIMUM ENTITLEMENT IS BASED ON THE ORDERS AS AMENDED OR CANCELED, A DIFFERENT SITUATION HAS BEEN RECOGNIZED FOR MANY YEARS WITH RESPECT TO SHIPMENT OF BAGGAGE AND HOUSEHOLD EFFECTS. DURING WORLD WAR II, ADMINISTRATIVE REGULATIONS (ARTICLE 1874, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL), AUTHORIZED PACKING, CRATING, HAULING AND SHIPMENT OF HOUSEHOLD EFFECTS UPON RECEIPT OF CHANGE OF STATION ORDERS. IMMEDIATELY PRIOR TO THE CAREER COMPENSATION ACT OF 1949, AND IN EFFECT UNTIL THE JOINT TRAVEL REGULATIONS WERE ISSUED, PARAGRAPH 13D, EXECUTIVE ORDER NO. 10053, APRIL 20, 1949, SPECIFICALLY PROVIDED THAT SHIPMENT OF HOUSEHOLD GOODS, MADE AFTER RECEIPT OF COMPETENT CHANGE OF STATION ORDERS BUT BEFORE THE EFFECTIVE DATE THEREOF, WOULD BE FORWARDED OR RETURNED TO PROPER DESTINATION AT GOVERNMENT EXPENSE IN CASE SUCH ORDERS WERE SUBSEQUENTLY AMENDED OR CANCELED, PROVIDED SUCH SHIPMENT WAS MADE IN THE BEST FORESEEABLE INTEREST OF THE GOVERNMENT AND THE OWNER. PARAGRAPH 15B OF THE EXECUTIVE ORDER FURNISHED A SAFEGUARD BY PROVIDING THAT IN THE EVENT THERE WAS A CHANGE IN ORDERS AFTER SHIPMENT HAD BEEN REQUESTED (OR INITIATED) IT WAS THE RESPONSIBILITY OF THE OWNER UPON RECEIPT OF SUCH CHANGE TO IMMEDIATELY NOTIFY SHIPPING OFFICERS AT THE POINT OF ORIGIN (OR PORT, IF ANY), AND DESTINATION, REQUESTING THAT SUCH SHIPMENT BE DIVERTED OR RECONSIGNED TO ANY NEW DESTINATION WHICH MIGHT BE NECESSITATED BY REASON OF THE CHANGE IN ORDERS, AND TO FURNISH ORDERS UPON REQUEST.

SINCE THE TRAILER ALLOWANCE IS IN LIEU OF TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS, AND SINCE TRANSPORTATION OF A TRAILER BY A COMMERCIAL TRANSPORTER PRIOR TO THE EFFECTIVE DATE OF ORDERS APPARENTLY IS NECESSITATED BY THE SAME CONSIDERATIONS AS IS SHIPMENT OF HOUSEHOLD EFFECTS BY THE GOVERNMENT, AND SINCE THE CIRCUMSTANCES INVOLVED IN INTERCEPTING THE SHIPMENT IN TRANSIT APPARENTLY ARE SIMILAR, THE PROPOSED REVISION OF PARAGRAPH 10111 OF THE JOINT TRAVEL REGULATIONS WOULD APPEAR TO FALL WITHIN THE SPIRIT AND INTENT OF THE PERTINENT STATUTE. APPEARS, HOWEVER, THAT A FURTHER PROVISION CONCERNING THE RESPONSIBILITY OF OWNERS IN SUCH CASES SIMILAR TO PARAGRAPH 15B OF EXECUTIVE ORDER NO. 10053, REFERRED TO ABOVE, MAY BE SUITABLE FOR INCLUSION IN CHAPTER 8 OF THE REGULATIONS WITH CROSS-REFERENCE THERETO IN CHAPTER 10.