B-147705, DEC. 22, 1961

B-147705, DEC. 22, 1961

TO LIEUTENANT JAMES E. MAZURE, 534855, USNR-R:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 17, 1961, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT DATED JANUARY 25, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE SHIPMENT OF YOUR HOUSEHOLD GOODS INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY ON AUGUST 25, 1958, AS LIEUTENANT (JG), UNITED STATES NAVAL RESERVE.

THE RECORD SHOWS THAT BY ORDERS DATED MAY 16, 1958, ADDRESSED TO YOU AT YOUR OVERSEAS STATION, LONDON, ENGLAND, YOU WERE TO REGARD YOURSELF AS DETACHED FROM DUTY AT THAT STATION WHEN DIRECTED BY YOUR COMMANDING OFFICER ON OR AFTER AUGUST 1, 1958, AND IN SUFFICIENT TIME TO COMPLETE YOUR SEPARATION PROCESSING BY SEPTEMBER 1, 1958. YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE AUGUST 25, 1958, BY ORDERS DATED AUGUST 16, 1958, WHICH ORDERS SHOWED THAT YOU WERE ORDERED TO ACTIVE DUTY FROM CHICAGO, ILLINOIS, AND ALSO THAT YOUR HOME OF RECORD AT THE TIME WAS CHICAGO. THESE ORDERS FURTHER SHOWED THAT YOU ELECTED TO RECEIVE PAYMENT OF MILEAGE TO CHICAGO, ILLINOIS, YOUR HOME OF RECORD AS RECORDED WITH THE BUREAU OF NAVAL PERSONNEL. IT IS SHOWN THAT YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM YOUR LAST DUTY STATION, LONDON, ENGLAND, TO THE NAVAL SUPPLY DEPOT, GREAT LAKES, ILLINOIS, WHERE THEY WERE TO BE HELD UNTIL NOTIFICATION BY YOU TO BE DELIVERED TO YOUR RESIDENCE IN CHICAGO.

THE RECORD INDICATES THAT YOU REQUESTED THAT YOUR HOUSEHOLD EFFECTS BE SHIPPED AT GOVERNMENT EXPENSE FROM THEIR PLACE OF STORAGE, GREAT LAKES, ILLINOIS, TO YOUR NEW ADDRESS IN CHAMPAIGN, ILLINOIS, AND THAT WHEN YOU WERE NOTIFIED THAT SHIPMENT AT GOVERNMENT EXPENSE COULD ONLY BE MADE TO YOUR HOME OF RECORD, CHICAGO, YOU ARRANGED FOR COMMERCIAL SHIPMENT AT YOUR OWN EXPENSE OF THE EFFECTS IN CHAMPAIGN, ILLINOIS. IN YOUR ORIGINAL VOUCHER SUBMITTED FOR PAYMENT, YOU CLAIMED REIMBURSEMENT FOR THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS FROM GREAT LAKES, ILLINOIS, TO CHAMPAIGN, ILLINOIS. YOU NOW REQUEST REIMBURSEMENT IN THE AMOUNT IT WOULD HAVE COST THE GOVERNMENT TO SHIP YOUR GOODS FROM GREAT LAKES TO CHICAGO.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED IN CONNECTION WITH A CHANGE OF STATION TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR, TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. PURSUANT THERETO, PARAGRAPH 8009-5A, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME INVOLVED HERE, PROVIDED THAT A MEMBER ON ACTIVE DUTY WHO IS SEPARATED FROM THE SERVICE OR RELEASED FROM ACTIVE DUTY IS ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS FROM THE MEMBER'S LAST OR ANY PREVIOUS DUTY STATION, FROM A DESIGNATED PLACE IN THE UNITED STATES, OR FROM PLACE OF STORAGE, OR ANY COMBINATION THEREOF, TO THE PLACE WHERE THE MEMBER ELECTS TO RECEIVE TRAVEL ALLOWANCE FOR HIS TRAVEL UNDER THE PROVISIONS OF PARAGRAPH 4157 OF THOSE REGULATIONS, THAT IS, TO HIS HOME OF RECORD OR THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY. IN YOUR CASE, THE RECORD SHOWS THAT CHICAGO WAS BOTH YOUR HOME OF RECORD AND THE PLACE FROM WHICH YOU WERE CALLED TO ACTIVE DUTY.

UNDER THE PROVISIONS OF LAW AND REGULATIONS CITED YOU WERE ENTITLED UPON YOUR RELEASE FROM ACTIVE DUTY TO HAVE YOUR HOUSEHOLD EFFECTS SHIPPED AT GOVERNMENT EXPENSE TO YOUR RESIDENCE IN CHICAGO OR TO SOME OTHER POINT AT NO GREATER COST. HOWEVER, THE COMMERCIAL BILL OF LADING ISSUED BY THE FERNSTROM STORAGE AND VAN COMPANY SHOWS THE SHIPPER OF THE HOUSEHOLD GOODS IN QUESTION AS ,JAMES E. MAZURE, ST. JAMES PLACE, CHICAGO, ILLINOIS," AND THAT THE GOODS WERE TO BE DELIVERED TO YOU AT 1013 W. CHURCH STREET, CHAMPAIGN, ILLINOIS. THIS BILL OF LADING ALSO SHOWS THE TRANSPORTATION OF 6,040 POUNDS FOR A DISTANCE OF 137 MILES AND INDICATES A BILLING OF $232.54, INCLUDING A CHARGE AT ORIGIN OF $18.12, WHICH WAS PAID IN FULL UPON DELIVERY AT CHAMPAIGN ON DECEMBER 3, 1958. IN THIS CONNECTION, THE RAND MCNALLY STANDARD HIGHWAY MILEAGE GUIDE AND THE HOUSEHOLD CARRIER'S BUREAU MILEAGE GUIDE NO. 6, BOTH SHOW THE DISTANCE FROM CHICAGO TO CHAMPAIGN TO BE 137 MILES. ON SUCH BASIS, IT IS NOT CLEAR WHETHER THE CHARGE OF $232.54 COVERED SHIPMENT OF THE HOUSEHOLD GOODS FROM GREAT LAKES, ILLINOIS, TO CHAMPAIGN OR ONLY FROM CHICAGO TO CHAMPAIGN. IF THE SHIPMENT WAS FROM CHICAGO TO CHAMPAIGN THEN NO EVIDENCE HAS BEEN PRESENTED AS TO HOW THE GOODS WERE MOVED TO CHICAGO OR THE COST OF SUCH MOVE. THEREFORE, THE PRESENT RECORD PRESENTS NO BASIS FOR DETERMINING THAT YOU ARE ENTITLED TO ANY AMOUNT. IF, HOWEVER, TRANSPORTATION FURNISHED BY FERNSTROM STORAGE AND VAN COMPANY WAS FROM GREAT LAKES TO CHAMPAIGN AND A STATEMENT TO THAT EFFECT IS FURNISHED FROM THE CARRIER AS WELL AS INFORMATION WITH RESPECT TO THE REASON FOR THE CHARGE AT ORIGIN OF $18.12, THE CLAIM WILL RECEIVE FURTHER CONSIDERATION. ON THE PRESENT RECORD, HOWEVER, THE SETTLEMENT OF JANUARY 25, 1961, IS SUSTAINED.