B-147049, OCT. 23, 1961

B-147049, OCT. 23, 1961

TO JOSEPH ELIAS, CSC, USN, 761 73 65:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 11, 1961, REQUESTING RECONSIDERATION OF SETTLEMENT DATED AUGUST 7, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS FROM CHARLESTON, SOUTH CAROLINA, TO WESTCHESTER COUNTY, NEW YORK, ON APRIL 18, 1961.

BY ORDERS DATED MARCH 10, 1959, THE HOME YARD AND HOME PORT OF THE U.S.S. HOWARD W. GILMORE, THE VESSEL TO WHICH YOU WERE PERMANENTLY ATTACHED, WERE CHANGED TO CHARLESTON, SOUTH CAROLINA. FROM THE INFORMATION OF RECORD IT APPEARS THAT AT THE TIME OF THESE ORDERS YOUR HOUSEHOLD EFFECTS WERE LOCATED AT CHARLESTON, SOUTH CAROLINA, THE NEW HOME PORT OF YOUR SHIP. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT UNDER THE PROVISIONS OF PARAGRAPH 8253-2A (CHANGE 84), JOINT TRAVEL REGULATIONS, SHIPMENT OF HOUSEHOLD EFFECTS WAS AUTHORIZED FROM THE LAST DUTY STATION TO SUCH LOCATION IN THE UNITED STATES AS MAY BE DESIGNATED BY THE MEMBER CONCERNED BUT THAT NO PROVISIONS ARE MADE FOR SHIPMENT FROM THE NEW HOME PORT TO A DESIGNATED PLACE. YOU REQUEST THAT THE SETTLEMENT BE REVIEWED IN LIGHT OF THE PROVISIONS OF PARAGRAPH 8400-2 OF THE JOINT TRAVEL REGULATIONS. PARAGRAPH 8400-2 OF THE REGULATIONS WAS FIRST ISSUED BY CHANGE 79, DATED APRIL 1, 1959, SUBSEQUENT TO THE DATE OF THE ORDERS HERE INVOLVED. HOWEVER, SIMILAR PROVISIONS ARE CONTAINED IN PARAGRAPH 8050-3, CHANGE 74, DATED NOVEMBER 1, 1958, WHICH WAS IN EFFECT AT THE TIME THE ORDERS WERE ISSUED CHANGING THE HOME PORT OF YOUR SHIP TO CHARLESTON. YOU APPARENTLY HAVE HAD NO FURTHER PERMANENT CHANGE OF STATION SINCE THAT EFFECTED BY THE ORDERS OF MARCH 10, 1959.

PARAGRAPH 8009 (CHANGE 67), JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME OF THE ORDERS, DESIGNATES PERSONNEL ENTITLED TO SHIPMENT OF THEIR HOUSEHOLD GOODS UNDER PERMANENT CHANGE OF STATION ORDERS AND PROVIDES THAT "THE PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE OF HOUSEHOLD GOODS MAY BE SHIPPED AT GOVERNMENT EXPENSE FOR THE CLASSES OF PERSONNEL INDICATED IN THE FOLLOWING SUBPARAGRAPHS.' SUBPARAGRAPH 4A PROVIDES (UPON PERMANENT CHANGE OF STATION):

"GENERAL. FOR PERSONNEL ON ACTIVE DUTY, SHIPMENT OF HOUSEHOLD GOODS FROM THE LAST DUTY STATION TO THE NEW DUTY STATION IS AUTHORIZED. IF AN INDIVIDUAL DOES NOT DESIRE TO SHIP HIS AUTHORIZED WEIGHT ALLOWANCE OR ANY PORTION THEREOF TO HIS NEW PERMANENT DUTY STATION, HE IS NOT THEREBY PRECLUDED FROM MAKING LATER SHIPMENT THEREOF FROM THAT FORMER PERMANENT STATION TO SOME SUBSEQUENT PERMANENT DUTY STATION WITHIN AUTHORIZED WEIGHT ALLOWANCE UNDER TRAVEL ORDERS TO THE LATTER STATION * * *.'

IN SUBPARAGRAPH 4B (1) IT IS STATED:

"WHEN ORDERED TO SEA DUTY OR TO DUTY IN CONNECTION WITH THE BUILDING, FITTING OUT, OR CONVERSION OF A VESSEL, OR FROM SEA DUTY TO SEA DUTY (INCLUDING AN AUTHORIZED CHANGE OF HOME PORT OR HOME YARD), SHIPMENT IS AUTHORIZED FROM THE LAST PERMANENT DUTY STATION TO SUCH LOCATION WITHIN THE UNITED STATES AS MAY BE DESIGNATED BY THE MEMBER CONCERNED OR HIS HOUSEHOLD GOODS MAY BE PLACED IN STORAGE * * *.'

IN THE PROVISIONS OF THESE REGULATIONS PRESCRIBING SPECIFIC SITUATIONS FOR ENTITLEMENT TO SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION THE INTENTION IS CLEARLY EXPRESSED TO PROVIDE FOR THE TRANSPORTATION OF A MEMBER'S HOUSEHOLD GOODS AS NECESSITATED BY THE CHANGE OF STATION ORDERS FROM THE OLD DUTY STATION TO THE NEW DUTY STATION OR, IN SITUATIONS SUCH AS YOURS, FROM THE OLD STATION TO A DESIGNATED LOCATION OR STORAGE. NOTHING IN THESE PROVISIONS OR THE BASIC LAW, PARAGRAPH 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), MAY BE CONSTRUED AS EXPRESSING AN INTENT TO AUTHORIZE PAYMENT FROM PUBLIC FUNDS FOR TRANSPORTATION OF A MEMBER'S HOUSEHOLD GOODS FROM HIS NEW PERMANENT DUTY STATION WHEN SUCH MOVEMENT IS NOT INCIDENT TO OR OCCASIONED BY A CHANGE IN DUTY ASSIGNMENT OR HOME PORT ORDERS.

PARAGRAPH 8050-3 (CHANGE 74) OF THE JOINT TRAVEL REGULATIONS UNDER THE TITLES "SHIPPING PROCEDURES"--- "REQUIREMENTS, RESPONSIBILITIES, AND PRIVILEGES OF OWNER"--- "SPECIAL ROUTING AND SERVICES" PROVIDES THAT UPON THE MEMBER'S WRITTEN REQUEST AND AGREEMENT TO PAY ANY ADDITIONAL COST OCCASIONED THEREBY, THE MEMBER MAY, IF HE SO DESIRES, HAVE SHIPMENTS OF EFFECTS MADE FROM AND TO ANY POINTS. IT FURTHER PROVIDES THAT THE TRANSPORTATION COST AT GOVERNMENT EXPENSE OF ALL SHIPMENTS OTHER THAN THOSE FROM A PREVIOUS DUTY STATION TO THE NEW DUTY STATION IS LIMITED TO THAT WHICH WOULD HAVE BEEN ALLOWED ON A LIKE WEIGHT OF HOUSEHOLD GOODS WITHIN PRESCRIBED WEIGHT ALLOWANCE SHIPPED IN ONE LOT FROM THE LAST DUTY STATION TO THE NEW DUTY STATION. ALTHOUGH THIS STATED LIMITATION IN PARAGRAPH 8050-3 APPLIES GENERALLY TO "ALL" SHIPMENTS OTHER THAN THOSE FROM A PREVIOUS DUTY STATION TO THE NEW DUTY STATION, WE DO NOT READ SUCH LIMITATION UNDER "SPECIAL ROUTING AND SERVICES" AS INFERENTIALLY AUTHORIZING SHIPMENTS AT GOVERNMENT EXPENSE IN EXCESS OF WHAT IT WOULD COST TO SHIP THE EFFECTS FROM THE PLACE WHERE THEY WERE ACTUALLY LOCATED TO THE NEW DUTY STATION OR, IN YOUR CASE, THE NEW HOME PORT OF YOUR SHIP, THERE BEING NO REASON WHY UNDER THIS PROVISION THE GOVERNMENT SHOULD BE OBLIGATED TO PAY ANY GREATER COST BECAUSE THE MEMBER, FOR PERSONAL REASONS, SHIPPED HIS GOODS TO SOME OTHER DESTINATION.

ACCORDINGLY, SINCE YOUR HOUSEHOLD GOODS WERE ALREADY LOCATED AT CHARLESTON, SOUTH CAROLINA, ON MARCH 10, 1959, THE DATE OF THE ORDERS CHANGING THE HOME PORT OF YOUR SHIP THE U.S.S. HOWARD W. GILMORE TO THAT CITY, THERE COULD HAVE BEEN NO COST FOR SHIPMENT TO THAT STATION, AND AS THERE IS NO AUTHORITY BY REASON OF SUCH ORDERS FOR PAYMENT OF THE COST OF THE SUBSEQUENT TRANSPORTATION OF YOUR HOUSEHOLD GOODS FROM CHARLESTON, THE SETTLEMENT OF AUGUST 7, 1961, IS SUSTAINED.