B-141941, MAR. 18, 1960

B-141941: Mar 18, 1960

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OLSON: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 4. WHICH WAS FORWARDED HERE ON JANUARY 18. IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT. YOU WERE ORDERED TO ACTIVE DUTY FROM GENESEE. SINCE FORT BENNING WAS A TEMPORARY STATION. PARAGRAPH 4 STATED THAT TRAVEL OF DEPENDENTS AND HOUSEHOLD EFFECTS WAS NOT AUTHORIZED. IS NOT REGARDED AS PROHIBITING SHIPMENT OF TEMPORARY DUTY WEIGHT ALLOWANCE OF HOUSEHOLD EFFECTS. IN THE SETTLEMENT MENTIONED ABOVE YOU WERE ALLOWED $14 REPRESENTING THE COST OF SHIPPING YOUR TEMPORARY WEIGHT ALLOWANCE BY THE METHOD USED. YOUR WEIGHT ALLOWANCE ON TEMPORARY CHANGE OF STATION WAS 600 POUNDS PLUS 5 PERCENT FOR PACKING FOR SHIPMENT BY VAN. THE WEIGHT OF YOUR SHIPMENT WAS 2408 POUNDS (344 CUBIC FEET AT 7 POUNDS PER CUBIC FOOT).

B-141941, MAR. 18, 1960

TO SECOND LIEUTENANT STANLEY R. OLSON:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 4, 1960, WHICH WAS FORWARDED HERE ON JANUARY 18, 1960, BY THE FINANCE AND ACCOUNTING OFFICE, HEADQUARTERS FORT BENJAMIN HARRISON, INDIANAPOLIS 49, INDIANA. SINCE YOUR LETTER REQUESTS AN EXPLANATION OF THE SETTLEMENT OF THIS OFFICE DATED NOVEMBER 16, 1959, WHICH DISALLOWED A PORTION OF YOUR CLAIM FOR TRAILER RENTAL, IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

BY LETTER ORDER NO. 6-5, DATED JUNE 2, 1958, YOU WERE ORDERED TO ACTIVE DUTY FROM GENESEE, IDAHO. PARAGRAPH 1 ASSIGNED YOU TO FORT CARSON, COLARADO. PARAGRAPH 2 DIRECTED YOU TO PROCEED, UPON TERMINATION OF LEAVE, TO U.S. ARMY INFANTRY SCHOOL, FORT BENNING, GEORGIA, TO ATTEND BASIC INFANTRY OFFICER COURSE. SINCE FORT BENNING WAS A TEMPORARY STATION, PARAGRAPH 4 STATED THAT TRAVEL OF DEPENDENTS AND HOUSEHOLD EFFECTS WAS NOT AUTHORIZED. SUCH PROVISION, HOWEVER, IS NOT REGARDED AS PROHIBITING SHIPMENT OF TEMPORARY DUTY WEIGHT ALLOWANCE OF HOUSEHOLD EFFECTS. THE RECORD SHOWS THAT ON AUGUST 22, 1958, YOU HIRED A TRAILER AT A COST OF $53.50, AND THAT YOU SHIPPED 344 CUBIC FEET OF HOUSEHOLD EFFECTS FROM YOUR HOME TO YOUR TEMPORARY DUTY STATION. IN THE SETTLEMENT MENTIONED ABOVE YOU WERE ALLOWED $14 REPRESENTING THE COST OF SHIPPING YOUR TEMPORARY WEIGHT ALLOWANCE BY THE METHOD USED, NOT TO EXCEED THE COST HAD THE GOVERNMENT MADE THE SHIPMENT. SINCE, UNDER PARAGRAPH 8001 OF THE JOINT TRAVEL REGULATIONS (CHANGE 65, JANUARY 1, 1958), YOUR WEIGHT ALLOWANCE ON TEMPORARY CHANGE OF STATION WAS 600 POUNDS PLUS 5 PERCENT FOR PACKING FOR SHIPMENT BY VAN, AND THE WEIGHT OF YOUR SHIPMENT WAS 2408 POUNDS (344 CUBIC FEET AT 7 POUNDS PER CUBIC FOOT), THE COMPUTATION USED IN DETERMINING THE AMOUNT FOR ALLOWANCE WAS SHOWN AS 639/2408 TIMES $53.50. IN YOUR PRESENT LETTER YOU STATE YOU UNDERSTAND REIMBURSEMENT FOR SHIPPING HOUSEHOLD EFFECTS IS AUTHORIZED FOR THE ACTUAL COST INCURRED AS LONG AS IT DOES NOT EXCEED THE COST THAT COULD HAVE BEEN INCURRED BY THE GOVERNMENT, AND THAT A CHECK WITH TRANSPORTATION SERVICES INDICATES THAT THE COST BY COMMON CARRIER WOULD HAVE BEEN APPROXIMATELY $11 PER HUNDRED BY RAIL, AND APPROXIMATELY $25 PER HUNDRED BY TRUCK. THEREFORE, YOU REQUEST AN EXPLANATION OF THE AMOUNT ALLOWED BY THE SETTLEMENT, AND A CITATION TO PERTINENT PARAGRAPHS IN THE JOINT TRAVEL REGULATIONS.

TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS GOVERNED BY APPLICABLE LAW AND REGULATIONS. SECTION 303 (3) 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, IN YOUR CASE 630 POUNDS. SINCE YOU HAVE BEEN REIMBURSED ON THAT BASIS, THERE IS NO AUTHORITY OF LAW FOR THE ALLOWANCE OF ANY ADDITIONAL AMOUNT.