B-145473, APR. 28, 1961

B-145473: Apr 28, 1961

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YOU WERE HONORABLY DISCHARGED FROM YOUR STATUS AS AN AIRMAN AND RETIRED EFFECTIVE JUNE 30. YOUR RETIREMENT IN THE GRADE OF MAJOR WAS EFFECTED UNDER 10 U.S.C. 8911. YOUR HOUSEHOLD GOODS WERE SHIPPED FROM COLORADO SPRINGS. YOU APPARENTLY BELIEVE THAT YOU ARE ENTITLED TO THE PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE OF A MAJOR. APPLICABLE DURING THE PERIOD HERE INVOLVED PROVIDED (PARAGRAPH 8002 (FOOTNOTE (1) ( THAT "THE WEIGHT ALLOWANCE OF A MEMBER WILL BE BASED ON THE GRADE OF RATING HELD BY HIM ON THE DATE HIS ORDERS AUTHORIZING SHIPMENT OF HOUSEHOLD GOODS BECOME EFFECTIVE.'. YOU CONTEND THAT SINCE YOU WERE RETIRED IN THE RANK OF MAJOR AND RECEIVED RETIRED PAY AND OTHER PRIVILEGES OF SUCH RANK THAT YOU ALSO SHOULD BE ENTITLED TO THE FULL SHIPPING WEIGHT ALLOWANCE OF THAT RANK INCIDENT TO YOUR RETIREMENT ON JUNE 30.

B-145473, APR. 28, 1961

TO MAJOR JAMES W. DUNLAP, USAF:

YOUR LETTER OF MARCH 19, 1961, REQUESTS REVIEW OF THE SETTLEMENT OF MARCH 9, 1961, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $182.18, REPRESENTING THE AMOUNT PAID BY YOU TO THE GOVERNMENT AS THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS OVER YOUR AUTHORIZED WEIGHT ALLOWANCE FROM COLORADO SPRINGS, COLORADO, TO YOUR HOME OF SELECTION, SANTA BARBARA, CALIFORNIA, INCIDENT TO YOUR RETIREMENT FROM THE UNITED STATES AIR FORCE.

BY PARAGRAPH 5, SPECIAL ORDERS NO. C-551, DEPARTMENT OF THE AIR FORCE, DATED JUNE 9, 1960, ADDRESSED TO YOU AS MASTER SERGEANT JAMES W. DUNLAP, AF 6561668 (MAJOR, RESERVE OF THE AIR FORCE, AO 680423), YOU WERE HONORABLY DISCHARGED FROM YOUR STATUS AS AN AIRMAN AND RETIRED EFFECTIVE JUNE 30, 1960, IN THE GRADE OF MAJOR. YOUR RETIREMENT IN THE GRADE OF MAJOR WAS EFFECTED UNDER 10 U.S.C. 8911. YOUR HOUSEHOLD GOODS WERE SHIPPED FROM COLORADO SPRINGS, COLORADO, TO SANTA BARBARA, CALIFORNIA, YOUR HOME OF SELECTION, UNDER GOVERNMENT BILL OF LADING AF 935830 WITH A TOTAL SHIPPING WEIGHT OF 8,520 POUNDS, AND YOU APPARENTLY BELIEVE THAT YOU ARE ENTITLED TO THE PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE OF A MAJOR--- 9,500 POUNDS RATHER THAN THE ALLOWANCE AUTHORIZED FOR THE ENLISTED GRADE WHICH YOU HELD WHEN DISCHARGED FROM YOUR LAST TOUR OF ACTIVE DUTY.

THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO AUTHORITY CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), AND APPLICABLE DURING THE PERIOD HERE INVOLVED PROVIDED (PARAGRAPH 8002 (FOOTNOTE (1) ( THAT "THE WEIGHT ALLOWANCE OF A MEMBER WILL BE BASED ON THE GRADE OF RATING HELD BY HIM ON THE DATE HIS ORDERS AUTHORIZING SHIPMENT OF HOUSEHOLD GOODS BECOME EFFECTIVE.' YOU CONTEND THAT SINCE YOU WERE RETIRED IN THE RANK OF MAJOR AND RECEIVED RETIRED PAY AND OTHER PRIVILEGES OF SUCH RANK THAT YOU ALSO SHOULD BE ENTITLED TO THE FULL SHIPPING WEIGHT ALLOWANCE OF THAT RANK INCIDENT TO YOUR RETIREMENT ON JUNE 30, 1960.

IN OUR DECISION OF NOVEMBER 22, 1957, 37 COMP. GEN. 354, 356, IT WAS HELD IN A SITUATION SIMILAR TO THE SITUATION IN YOUR CLAIM, THAT THE AUTHORIZATION FOR TRAVEL AND TRANSPORTATION ALLOWANCES UPON SEPARATION FROM ACTIVE DUTY IS PROVIDED IN SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, AS AN ADJUNCT TO THE ACTIVE DUTY FROM WHICH RELEASED, RATHER THAN TO A STATUS SUBSEQUENTLY ACQUIRED, AND THAT THE RANK OR GRADE IN WHICH SERVING UPON SEPARATION FROM THE ACTIVE-DUTY STATUS, RATHER THAN THAT ACQUIRED WHEN RETIRED, GOVERNS WITH RESPECT TO THE RIGHT TO SHIPMENT OF HOUSEHOLD GOODS. WE FURTHER HELD IN THAT DECISION THAT WHERE A MEMBER'S ACTIVE-DUTY STATUS AS A MASTER SERGEANT IN THE REGULAR ARMY IS TERMINATED BY RETIREMENT IN AN OFFICER GRADE, THE WEIGHT OF HOUSEHOLD GOODS WHICH MAY BE SHIPPED AT GOVERNMENT EXPENSE INCIDENT TO SUCH RETIREMENT IS THAT AUTHORIZED FOR A MASTER SERGEANT. SUCH REASONING IS EQUALLY APPLICABLE IN YOUR CASE.

SINCE YOU WERE ACTUALLY SERVING ON ACTIVE DUTY AS A MASTER SERGEANT, THE TRAVEL AND TRANSPORTATION ALLOWANCES TO WHICH YOU BECAME ENTITLED INCIDENT TO YOUR RETIREMENT ARE THOSE OF MASTER SERGEANT, NOTWITHSTANDING THAT YOU WERE ENTITLED, UPON YOUR RETIREMENT, TO THE RANK OF MAJOR AND TO RETIRED PAY COMPUTED ON THE BASIS OF THE MONTHLY BASIC PAY OF THAT RANK. THE WEIGHT OF YOUR HOUSEHOLD EFFECTS AS SHIPPED EXCEEDED THE WEIGHT ALLOWANCE FOR A MASTER SERGEANT, THE ALLOWANCE AUTHORIZED, AND YOU WERE PROPERLY CHARGED WITH THE EXCESS COST OF THE SHIPMENT. ACCORDINGLY, THE SETTLEMENT OF MARCH 9, 1961, WAS CORRECT AND IS SUSTAINED.