B-142115, MAR. 24, 1960

B-142115: Mar 24, 1960

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MC: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 9. YOU WERE TRANSFERRED FROM ARMY HOSPITAL. BASED ON THOSE ORDERS YOUR HOUSEHOLD EFFECTS WERE SHIPPED IN THREE LOTS FROM ANNISTON. ACTUAL NET WEIGHT OF THE SHIPMENT IS SHOWN TO HAVE BEEN 3. BY WAY OF CLARIFICATION ADDED A SENTENCE SAYING THAT AS A PHYSICIAN AND SURGEON YOU WERE ENGAGED IN PRIVATE PRACTICE WHEN CALLED INTO THE U.S. YOUR PRESENT LETTER IS ACCOMPANIED BY AN ITEMIZED LIST OF THE EFFECTS PLACED IN STORAGE. SOME OF THE ITEMS ARE WITHIN THE CATEGORY FOR WHICH STORAGE IS AUTHORIZED AT GOVERNMENT EXPENSE. DRAYAGE AND SHIPMENT OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949.

B-142115, MAR. 24, 1960

TO LIEUTENANT COLONEL GEORGE W. SGALITZER, MC:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 9, 1960, REQUESTING REVIEW OF THE SETTLEMENT OF OCTOBER 23, 1959, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE AMOUNT COLLECTED FROM YOU AS THE EXCESS COST OF PACKING, CRATING, DRAYAGE AND TRANSPORTATION OF YOUR PROFESSIONAL OFFICE EQUIPMENT TO NONTEMPORARY STORAGE.

BY PARAGRAPH 30, SPECIAL ORDERS NO. 106, DATED MAY 27, 1955, YOU WERE TRANSFERRED FROM ARMY HOSPITAL, FORT MCCLELLAN, ALABAMA, TO DUTY OVERSEAS. BASED ON THOSE ORDERS YOUR HOUSEHOLD EFFECTS WERE SHIPPED IN THREE LOTS FROM ANNISTON, ALABAMA, TO VARIOUS POINTS. ON NOVEMBER 15, 1955, YOU EXECUTED AN APPLICATION FOR A FOURTH SHIPMENT OF A QUANTITY OF HOUSEHOLD EFFECTS FROM LINCOLN MOVING AND STORAGE COMPANY, SEATTLE, WASHINGTON, TO AUBURN GENERAL DEPOT, AUBURN, WASHINGTON, FOR NONTEMPORARY STORAGE. YOU MADE NO ENTRY IN THE SPACE PROVIDED ON THE APPLICATION FOR SPECIFYING THE APPROXIMATE WEIGHT OF PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT INCLUDED IN THE SHIPMENT. ACTUAL NET WEIGHT OF THE SHIPMENT IS SHOWN TO HAVE BEEN 3,448 POUNDS. ON MARCH 30, 1959, YOU EXECUTED A CERTIFICATE STATING THAT THE ENTIRE SHIPMENT CONSISTED OF PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT NECESSARY IN THE PERFORMANCE OF YOUR DUTIES. IN DOING SO YOU DELETED THE WORD ,OFFICIAL" PRECEDING THE WORD "DUTIES" ON THE CERTIFICATE FORM, AND BY WAY OF CLARIFICATION ADDED A SENTENCE SAYING THAT AS A PHYSICIAN AND SURGEON YOU WERE ENGAGED IN PRIVATE PRACTICE WHEN CALLED INTO THE U.S. ARMY MEDICAL CORPS AND THAT YOU STORED SUCH GOODS. YOUR PRESENT LETTER IS ACCOMPANIED BY AN ITEMIZED LIST OF THE EFFECTS PLACED IN STORAGE. YOU STATE THAT THE TRANSPORTATION OFFICER, FORT JACKSON, SOUTH CAROLINA, HAS REVIEWED THE LIST AND HAS INFORMED YOU THAT, IN HIS OPINION, SOME OF THE ITEMS ARE WITHIN THE CATEGORY FOR WHICH STORAGE IS AUTHORIZED AT GOVERNMENT EXPENSE.

PACKING, CRATING, DRAYAGE AND SHIPMENT OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C). THOSE REGULATIONS CONTAIN THE FOLLOWING PERTINENT PROVISIONS. PARAGRAPH 8000-3 (CHANGE 27, OCTOBER 1, 1954) PROVIDES THAT THE TERM "PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT" DOES NOT INCLUDE OFFICE EQUIPMENT, AND THAT ALL ITEMS MUST BE REQUIRED BY THE MEMBER FOR REFERENCE OR OTHER PURPOSES "IN THE PERFORMANCE OF OFFICIAL DUTIES.' PARAGRAPH 8002 (CHANGE 26, SEPTEMBER 1, 1954) PROVIDES THAT WHEN CERTIFIED BY THE MEMBER AS "NECESSARY IN THE PERFORMANCE OF HIS OFFICIAL DUTIES," SHIPMENT OF PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT SHALL BE IN THE SAME MANNER AND UNDER THE SAME CONDITIONS AS OTHER HOUSEHOLD GOODS EXCEPT THAT THE WEIGHT SHALL BE WITHOUT CHARGE AGAINST THE PRESCRIBED WEIGHT ALLOWANCE. IT FURTHER PROVIDES THAT SUCH BOOKS, PAPERS AND EQUIPMENT SHALL BE PACKED SEPARATELY, THE CONTAINERS MARKED "PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT," AND THE WEIGHT OF SUCH CONTAINERS SHOWN SEPARATELY ON THE BILL OF LADING OR OTHER SHIPPING DOCUMENT.

IN THE PRESENT CASE, IT SEEMS CLEAR THAT YOU PLACED YOUR OFFICE FURNITURE AND EQUIPMENT IN COMMERCIAL STORAGE WHEN YOU WERE ORDERED TO ACTIVE DUTY, AND HAD THEM MOVED TO NONTEMPORARY GOVERNMENT STORAGE WHEN ORDERED TO DUTY OVERSEAS. WHILE THE ITEMIZED LIST NOW FURNISHED INDICATES YOUR PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT WERE INCLUDED, IT APPEARS CLEAR THAT THE SHIPMENT WAS NOT MADE BECAUSE THOSE ITEMS WERE NEEDED FOR USE BY YOU IN THE PERFORMANCE OF YOUR OFFICIAL DUTIES. IN SUCH CIRCUMSTANCES, THERE IS NO BASIS FOR THE PAYMENT OF YOUR CLAIM.

CONCERNING THE STATEMENT THAT SOME OF THE ITEMS INCLUDED IN THE SHIPMENT WERE AUTHORIZED TO BE STORED AT GOVERNMENT EXPENSE, YOUR ATTENTION IS INVITED TO THE FACT THAT 1,122 POUNDS OF THE SHIPMENT WAS WITHIN YOUR AUTHORIZED WEIGHT ALLOWANCE AND THAT THE EXCESS COSTS INVOLVED WERE THE APPORTIONED COSTS OF BUT 2,326 POUNDS OF SUCH SHIPMENT. SINCE, AS INDICATED ABOVE, THAT WEIGHT OF YOUR BOOKS AND EQUIPMENT WAS NOT NEEDED FOR USE IN THE PERFORMANCE OF YOUR OFFICIAL DUTIES, YOU WERE PROPERLY CHARGED WITH THE COSTS OF THAT PORTION OF THE SHIPMENT.

ACCORDINGLY, THE SETTLEMENT OF OCTOBER 23, 1959, WAS CORRECT AND IS SUSTAINED.