B-145478, JUN. 8, 1961

B-145478: Jun 8, 1961

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YOU WERE DIRECTED TO REPORT FOR SEPARATION PROCESSING. UPON COMPLETION OF WHICH YOU WERE TO PROCEED FROM WASHINGTON. IT BEING SHOWN THAT YOU HAD MORE THAN 10 YEARS' SERVICE AND WERE ENTITLED TO READJUSTMENT PAY. SHOW THAT YOU WERE DETACHED ON THAT DATE AND THAT YOU WERE ALLOWED TWO DAYS' TRAVEL TIME TO PROCEED TO YOUR HOME OF RECORD UPON COMPLETION OF WHICH. YOU WERE RELEASED FROM ALL ACTIVE DUTY. IT WAS SHOWN THAT YOU HAD CERTIFIED YOU WERE ORDERED TO ACTIVE DUTY FROM ATLANTA. THAT YOUR HOME OF RECORD WAS ATLANTA. YOUR EFFECTS WERE SHIPPED BY VAN ON JUNE 30. WHICH WAS $336.61 IN EXCESS OF THE COST OF SHIPMENT FROM ARLINGTON. WERE MODIFIED TO READ "PROCEED HOME OF SELECTION ACCORDANCE PROVISIONS PUBLIC LAW 86-638 OF 12 JUL. 1960.'.

B-145478, JUN. 8, 1961

TO MR. ROBERT C. GEORGE:

YOUR LETTER OF MARCH 16, 1961, REQUESTS REVIEW OF THE SETTLEMENT OF FEBRUARY 23, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT IN THE SUMS OF $321.41 AND $41.65 EXPENDED BY YOU IN CONNECTION WITH SHIPPING YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AS LIEUTENANT COMMANDER, UNITED STATES NAVAL RESERVE.

BY BUREAU OF NAVAL PERSONNEL ORDERS DATED JUNE 17, 1960, YOU WERE DIRECTED TO REPORT FOR SEPARATION PROCESSING, UPON COMPLETION OF WHICH YOU WERE TO PROCEED FROM WASHINGTON, D.C., TO YOUR HOME, IT BEING SHOWN THAT YOU HAD MORE THAN 10 YEARS' SERVICE AND WERE ENTITLED TO READJUSTMENT PAY. ENDORSEMENTS DATED JULY 15, 1960, SHOW THAT YOU WERE DETACHED ON THAT DATE AND THAT YOU WERE ALLOWED TWO DAYS' TRAVEL TIME TO PROCEED TO YOUR HOME OF RECORD UPON COMPLETION OF WHICH, ON JULY 17, 1960, YOU WERE RELEASED FROM ALL ACTIVE DUTY. ALSO, IT WAS SHOWN THAT YOU HAD CERTIFIED YOU WERE ORDERED TO ACTIVE DUTY FROM ATLANTA, GEORGIA; THAT YOUR HOME OF RECORD WAS ATLANTA; AND THAT YOUR MAILING ADDRESS WOULD BE DALLAS, TEXAS. ON JUNE 20, 1960, YOU EXECUTED AN APPLICATION FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM ARLINGTON, VIRGINIA, TO OLATHE, KANSAS. YOUR EFFECTS WERE SHIPPED BY VAN ON JUNE 30, 1960, AT A COST TO THE GOVERNMENT OF $943.36, WHICH WAS $336.61 IN EXCESS OF THE COST OF SHIPMENT FROM ARLINGTON, VIRGINIA, TO ATLANTA, GEORGIA. OF THE EXCESS COST THUS INCURRED YOU REMITTED $321.41 LEAVING AN UNPAID BALANCE OF $15.20 OWING TO THE UNITED STATES. ALSO, ON JUNE 30, 1960, YOU MADE TWO EXPRESS SHIPMENTS FROM WASHINGTON, D.C., TO WICHITA, KANSAS, AT A COST TO YOU OF $34.90, AND ON AUGUST 6, 1960, YOU MADE AN EXPRESS SHIPMENT FROM DALLAS, TEXAS, TO WICHITA, KANSAS, AT A COST TO YOU OF $6.75, A TOTAL OF $41.65.

BY ORDERS DATED JULY 28, 1960, THE ORDERS OF JUNE 17, 1960, WERE MODIFIED TO READ "PROCEED HOME OF SELECTION ACCORDANCE PROVISIONS PUBLIC LAW 86-638 OF 12 JUL. 1960.' YOUR CLAIM IS BASED ON THAT LAW. IN THE SETTLEMENT MENTIONED ABOVE IT WAS POINTED OUT THAT PARAGRAPH 8260, CHANGE 98, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT PROVISION OF LAW DID NOT BECOME EFFECTIVE UNTIL SEPTEMBER 8, 1960, WHICH WAS AFTER YOU WERE RELEASED FROM ACTIVE DUTY AND HAD SHIPPED YOUR EFFECTS. IN YOUR PRESENT LETTER YOU SAY THAT THE FACT THAT THE MOVEMENT OF YOUR HOUSEHOLD GOODS TOOK PLACE BEFORE THE EFFECTIVE DATE OF CHANGE 98 HAS NO BEARING ON YOUR CASE AND THAT THE ORDERS RELEASING YOU FROM ACTIVE DUTY ARE THE BINDING AUTHORITY ON WHICH SHIPMENT RIGHTS ARE BASED. YOU FURTHER SAY THAT EVEN THOUGH "THE ISSUING AUTHORITY DID WRITE THE ORDERS CORRECT THE FIRST TIME" YOU BELIEVE YOU ARE ENTITLED TO WHAT THE AMENDED ORDERS OFFER.

THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C). AT THE TIME OF YOUR RELEASE FROM ACTIVE DUTY AND WHEN YOUR HOUSEHOLD EFFECTS WERE SHIPPED, PARAGRAPH 8259-1 OF THE JOINT TRAVEL REGULATIONS (CHANGE 79, APRIL 1, 1959) PROVIDED THAT (EXCEPT UNDER CERTAIN SPECIFIED CIRCUMSTANCES WHICH DID NOT INCLUDE A MEMBER WITH MORE THAN EIGHT YEARS OF CONTINUOUS ACTIVE DUTY INVOLUNTARILY RELEASED TO INACTIVE DUTY WITH READJUSTMENT PAY) A MEMBER IS ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS FROM LAST DUTY STATION TO THE PLACE TO WHICH HE ELECTS TO RECEIVE TRAVEL ALLOWANCE FOR HIS TRAVEL UNDER THE PROVISIONS OF PARAGRAPH 4157. PARAGRAPH 4157 OF THOSE REGULATIONS IN EFFECT AT THE SAME TIME PROVIDED THAT A MEMBER RELIEVED FROM ACTIVE DUTY WOULD BE ENTITLED TO MILEAGE FROM LAST DUTY STATION TO HOME OF RECORD OR THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY. SINCE YOUR LAST STATION WAS WASHINGTON, D.C., AND YOUR HOME OF RECORD AS WELL AS THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY WAS ATLANTA, GEORGIA, YOUR ENTITLEMENT TO SHIPMENT OF HOUSEHOLD EFFECTS UNDER THOSE REGULATIONS COULD NOT EXCEED THE COST OF SHIPMENT BETWEEN THOSE POINTS.

PUBLIC LAW 86-638, JULY 12, 1960, 74 STAT. 471, AMENDED SECTIONS 303 (A) AND 303 (C) OF THE CAREER COMPENSATION ACT TO PROVIDE THAT MEMBERS INVOLUNTARILY RELEASED TO INACTIVE DUTY WITH READJUSTMENT PAY IMMEDIATELY FOLLOWING AT LEAST EIGHT YEARS OF CONTINUOUS SERVICE COULD BE INCLUDED AMONG THOSE AUTHORIZED TRAVEL AND TRANSPORTATION RIGHTS TO A HOME OF THEIR SELECTION. THOSE PROVISIONS, HOWEVER, WERE NOT SELF EXECUTING FOR THE REASON THAT THE PERTINENT SECTIONS OF THE CAREER COMPENSATION ACT PROVIDE FOR TRAVEL AND TRANSPORTATION ALLOWANCES UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED. REGULATIONS GOVERNING THE SHIPMENT OF HOUSEHOLD EFFECTS UNDER THE JULY 12, 1960, ACT WERE FIRST CONTAINED IN CHANGE 98 OF THE JOINT TRAVEL REGULATIONS DATED NOVEMBER 1, 1960, AND SPECIFICALLY DESIGNATED BY THE SECRETARIES TO BE EFFECTIVE SEPTEMBER 8, 1960. SINCE THE SHIPMENT OF YOUR HOUSEHOLD GOODS WAS GOVERNED BY THE REGULATIONS IN EFFECT WHEN YOU WERE RELEASED FROM ACTIVE DUTY AND SINCE THE REGULATIONS THEN IN EFFECT DID NOT PERMIT SHIPMENT TO A HOME OF SELECTION AT GREATER COST THAN FROM LAST STATION TO HOME, THE SUBSEQUENT AMENDMENT OF YOUR ORDERS DID NOT HAVE THE EFFECT OF INCREASING YOUR SHIPPING RIGHTS. THEREFORE, YOU WERE PROPERLY CHARGED WITH THE EXCESS COST OF THE VAN SHIPMENT AND YOU ARE NOT ENTITLED TO REFUND OF ANY PART OF THE EXCESS COST COLLECTED FROM YOU BY REASON OF THE VAN SHIPMENT TO A POINT MORE DISTANT THAN YOUR HOME.

HOWEVER, SINCE PARAGRAPH 8402-1A OF THE JOINT TRAVEL REGULATIONS IN EFFECT AT THE TIME HERE INVOLVED PERMITS EXPRESS SHIPMENTS OF NOT TO EXCEED 500 POUNDS WHEN NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION INCLUDING THE CHANGE FROM LAST STATION TO HOME UPON TERMINATION OF SERVICE, AND SINCE YOU DID NOT EXCEED YOUR WEIGHT ALLOWANCE WITH THE VARIOUS SHIPMENTS, YOU ARE ENTITLED TO REIMBURSEMENT FOR THE EXPRESS SHIPMENTS NOT TO EXCEED THE COST HAD THE GOVERNMENT SHIPPED A LIKE WEIGHT OF HOUSEHOLD EFFECTS BY EXPRESS FROM WASHINGTON, D.C., TO ATLANTA, GEORGIA, LESS THE SUM OF $15.20 OWED BY YOU ON THE VAN SHIPMENT. SETTLEMENT FOR THE AMOUNT FOUND DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.