B-142185, APR. 1, 1960

B-142185: Apr 1, 1960

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YOU WERE DETACHED FROM DUTY AS ASSISTANT TO THE SUPPLY OFFICER. WHICH YOU WERE AUTHORIZED TO TAKE EITHER PRIOR TO OR AFTER YOUR ARRIVAL IN THE UNITED STATES. FOLLOWING THE RECEIPT OF THE ABOVE-MENTIONED ORDERS YOU EXECUTED AN APPLICATION TO HAVE YOUR HOUSEHOLD GOODS TRANSPORTED FROM JAPAN TO THE UNITED STATES. THE RECORD SHOWS THAT ALL OF YOUR EFFECTS WITH THE EXCEPTION OF 130 POUNDS WERE SHIPPED TO THE NEW DUTY STATION VIA SAN DIEGO. TWO BOXES OF YOUR EFFECTS WERE SHIPPED BY EXPRESS TO 305 EAST BUTLER DRIVE. WE NOTE THAT THERE WAS CONSIDERABLE DELAY IN THE ARRIVAL OF YOUR EFFECTS AT BOTH DESTINATIONS. WE HAVE NO RECORD OF THE DATE YOU ATTEMPTED TO HAVE THE SHIPMENT DIVERTED. INFORMATION IS LACKING TO SHOW THE DATE THE EXPRESS SHIPMENT ARRIVED AT DESTINATION.

B-142185, APR. 1, 1960

TO LIEUTENANT WAYNE E. SPERR:

YOUR LETTER OF FEBRUARY 18, 1960, IN EFFECT REQUESTS REVIEW OF OUR SETTLEMENT DATED FEBRUARY 15, 1960, WHICH DISALLOWED YOUR CLAIM FOR $14.73, REPRESENTING THE EXPENSE INCURRED FOR SHIPMENT BY EXPRESS OF 130 POUNDS OF HOUSEHOLD GOODS AND EFFECTS FROM 305 EAST BUTLER DRIVE, PHOENIX, ARIZONA, TO 431 EAST WOODLAWN STREET, PHILADELPHIA,PENNSYLVANIA, DURING SEPTEMBER 1959, WHILE ON ACTIVE DUTY AS A MEMBER OF THE UNITED STATES NAVAL RESERVE.

PURSUANT TO ORDERS OF THE CHIEF OF NAVAL PERSONNEL DATED MAY 29, 1959, YOU WERE DETACHED FROM DUTY AS ASSISTANT TO THE SUPPLY OFFICER, USS GRAFFIAS (AF-29), AND DIRECTED TO PROCEED AND REPORT TO THE COMMANDING OFFICER, NAVAL AIR DEVELOPMENT CENTER, JOHNSVILLE, PENNSYLVANIA, FOR DUTY AS ASSISTANT TO SUPPLY AND FISCAL OFFICER FOR DISBURSING AT THE NAVAL AIR STATION THERE. THE ORDERS AUTHORIZED A DELAY IN REPORTING AT THE NEW DUTY STATION UNTIL SEPTEMBER 21, 1959, SUCH DELAY TO COUNT AS LEAVE, WHICH YOU WERE AUTHORIZED TO TAKE EITHER PRIOR TO OR AFTER YOUR ARRIVAL IN THE UNITED STATES.

FOLLOWING THE RECEIPT OF THE ABOVE-MENTIONED ORDERS YOU EXECUTED AN APPLICATION TO HAVE YOUR HOUSEHOLD GOODS TRANSPORTED FROM JAPAN TO THE UNITED STATES. THE RECORD SHOWS THAT ALL OF YOUR EFFECTS WITH THE EXCEPTION OF 130 POUNDS WERE SHIPPED TO THE NEW DUTY STATION VIA SAN DIEGO, CALIFORNIA, AT GOVERNMENT EXPENSE. HOWEVER, TWO BOXES OF YOUR EFFECTS WERE SHIPPED BY EXPRESS TO 305 EAST BUTLER DRIVE, PHOENIX, ARIZONA, IN COMPLIANCE WITH YOUR REQUEST.

WE NOTE THAT THERE WAS CONSIDERABLE DELAY IN THE ARRIVAL OF YOUR EFFECTS AT BOTH DESTINATIONS. IT FURTHER APPEARS THAT SOMETIME BEFORE THE EXPRESS SHIPMENT ARRIVED AT PHOENIX, YOU REQUESTED (THROUGH CHANNELS) THAT SUCH SHIPMENT BE DIVERTED TO 431 EAST WOODLAWN STREET, PHILADELPHIA, PENNSYLVANIA. WE HAVE NO RECORD OF THE DATE YOU ATTEMPTED TO HAVE THE SHIPMENT DIVERTED, AND INFORMATION IS LACKING TO SHOW THE DATE THE EXPRESS SHIPMENT ARRIVED AT DESTINATION. HOWEVER, OUR FILE CONTAINS A COPY OF A DEPARTMENTAL COMMUNICATION DATED SEPTEMBER 5, 1959, FROM THE NAVAL SUPPLY DEPOT, YOKOSUKA, JAPAN, TO THE NAVAL SUPPLY DEPOT AT SAN DIEGO NOTIFYING THE LATTER OF YOUR DESIRE TO DIVERT THE EXPRESS SHIPMENT. OUR FILE ALSO CONTAINS A COPY OF NAVAL "SPEED LETTER" DATED SEPTEMBER 10, 1959, PURPORTING TO SHOW THAT THE TWO BOXES OF HOUSEHOLD GOODS "CONSIGNED TO 305 E. BUTLER DRIVE, PHOENIX, ARIZONA" WERE SHIPPED SEPTEMBER 3, ON BILL OF LADING NO. N-34665422, THE CITED BILL OF LADING WAS ISSUED SEPTEMBER 4, 1959. IN ANY EVENT, IT IS APPARENT FROM THE RECORD THAT THE EXPRESS SHIPMENT WAS NOT DIVERTED BUT WAS DELIVERED TO THE DESTINATION ORIGINALLY DESIGNATED BY YOU.

AS YOU KNOW, AUTHORITY FOR THE TRANSPORTATION OF HOUSEHOLD GOODS AND EFFECTS FOR MEMBERS OF THE ARMED SERVICES IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTIONS 303 (C) AND (H) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814-815,--- 37 U.S.C. 253 (C) AND (H). PARAGRAPH 8005 (CHANGE 79, EFFECTIVE APRIL 1, 1959), OF THOSE REGULATIONS PROVIDES, AS FOLLOWS:

"UNLESS OTHERWISE SPECIFICALLY PROVIDED HEREIN, AUTHORITY CONTAINED IN THESE REGULATIONS FOR THE SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE EXTENDS ONLY TO THE THROUGH SHIPMENT TO AUTHORIZED ULTIMATE DESTINATION OF THE SAME LOT OF HOUSEHOLD GOODS OR EFFECTS. SHIPMENT MAY NOT BE MADE FOR THE CONVENIENCE OF THE MEMBER TO SOME OTHER PLACE FOR RESHIPMENT LATER TO SUCH AUTHORIZED ULTIMATE DESTINATION;,

UPON THE RECEIPT OF ORDERS FROM OVERSEAS TO A DUTY STATION WITHIN THE UNITED STATES, THE RIGHT ACCRUED TO YOU TO HAVE YOUR HOUSEHOLD GOODS AND EFFECTS (WITHIN THE PRESCRIBED WEIGHT ALLOWANCE) TRANSPORTED FROM THE OLD TO THE NEW DUTY STATION AT GOVERNMENT EXPENSE. HOWEVER, WHEN SHIPMENT IS MADE TO A SELECTED LOCATION--- OTHER THAN THE NEW PERMANENT STATION--- NO FURTHER SHIPMENT IS AUTHORIZED AT PUBLIC EXPENSE IN THE ABSENCE OF ORDERS REQUIRING A FURTHER CHANGE IN PERMANENT DUTY STATIONS.

AS INDICATED ABOVE, AFTER RELEASE OF THE CITED ORDERS, THE GOVERNMENT, UPON YOUR REQUEST, WAS OBLIGATED TO MOVE YOUR EFFECTS TO THE NEW DUTY STATION, OR TO SOME SELECTED LOCATION AT NO GREATER COST. THE GOVERNMENT, OF COURSE, CANNOT SPECIFY THE DATE A PARTICULAR SHIPMENT WILL ARRIVE AT ITS DESTINATION; NOR IS THERE EVER ANY ASSURANCE THAT A SHIPMENT CAN, UPON REQUEST, BE DIVERTED WHILE EN ROUTE TO A SPECIFIED LOCATION. SINCE THE EXPRESS SHIPMENT HERE WAS NOT DIVERTED TO THE DESTINATION SPECIFIED BY YOU, THE RESHIPMENT THEREOF TO PHILADELPHIA AT GOVERNMENT EXPENSE IS PRECLUDED BY THE REGULATIONS. OUR OFFICE IS WITHOUT AUTHORITY TO WAIVE OR DISREGARD THE PROVISIONS OF VALID REGULATIONS. THEREFORE, THE SETTLEMENT OF FEBRUARY 15, 1959, IS FOUND CORRECT AND IS SUSTAINED.