B-147966, MAR. 2, 1962

B-147966: Mar 2, 1962

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JEFFERSON: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 3. WHILE YOU DO NOT HAVE ACCESS TO PARAGRAPH 8006 OF THE JOINT TRAVEL REGULATIONS. YOU DO NOT BELIEVE THAT THE PROVISIONS THEREOF WERE APPLIED IN YOUR CASE. IS ENCLOSED FOR YOUR INFORMATION. THE PARAGRAPH PROVIDES FOR THE FORWARDING OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE TO THE PROPER DESTINATION WHEN THROUGH NO FAULT OF THE OWNER THEY HAVE BEEN IMPROPERLY SHIPPED OR OTHERWISE UNAVOIDABLY SEPARATED FROM THE MEMBER UPON APPROVAL OF THE SERVICE CONCERNED. YOU STATED THAT WHEN ARRANGEMENTS WERE BEING MADE AT THE UNITED STATES NAVAL MISSION IN BRAZIL FOR THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS YOU INFORMED THE SUPPLY PERSONNEL THAT YOU WANTED TO HAVE SOME THINGS NEEDED FOR IMMEDIATE USE SHIPPED TO ASHLAND.

B-147966, MAR. 2, 1962

TO MR. JAMES E. JEFFERSON:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 3, 1962, REQUESTING RECONSIDERATION OF OFFICE LETTER DATED NOVEMBER 24, 1961, SUSTAINING YOUR REPORTED INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $73.84 FOR SHIPMENT OF 599 POUNDS OF EFFECTS ON GOVERNMENT BILLS OF LADING TO ASHLAND, OREGON, A PLACE OTHER THAN YOUR HOME OF SELECTION (SANTA CLARA, CALIFORNIA) UPON DISCHARGE FROM THE UNITED STATES NAVY ON JUNE 30, 1959, WITH SEVERANCE PAY.

YOU STATE THAT YOU ACKNOWLEDGE THE TRUTH OF THE MATTERS OF LAW SET FORTH IN THE LETTER OF NOVEMBER 24, 1961, AND, WHILE YOU DO NOT HAVE ACCESS TO PARAGRAPH 8006 OF THE JOINT TRAVEL REGULATIONS, YOU DO NOT BELIEVE THAT THE PROVISIONS THEREOF WERE APPLIED IN YOUR CASE. YOU ALSO REQUEST THAT A FURTHER EXPLANATION BE FURNISHED IN THE EVENT WE HOLD THAT THE ABOVE PARAGRAPH AFFORDS YOU NO RELIEF IN THE MATTER.

A COPY OF PARAGRAPH 8006, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME OF YOUR ORDERS, IS ENCLOSED FOR YOUR INFORMATION. THE PARAGRAPH PROVIDES FOR THE FORWARDING OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE TO THE PROPER DESTINATION WHEN THROUGH NO FAULT OF THE OWNER THEY HAVE BEEN IMPROPERLY SHIPPED OR OTHERWISE UNAVOIDABLY SEPARATED FROM THE MEMBER UPON APPROVAL OF THE SERVICE CONCERNED.

IN YOUR LETTER OF OCTOBER 26, 1961, YOU STATED THAT WHEN ARRANGEMENTS WERE BEING MADE AT THE UNITED STATES NAVAL MISSION IN BRAZIL FOR THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS YOU INFORMED THE SUPPLY PERSONNEL THAT YOU WANTED TO HAVE SOME THINGS NEEDED FOR IMMEDIATE USE SHIPPED TO ASHLAND, OREGON, WHERE YOU INTENDED TO VISIT FOR A FEW MONTHS. IT IS ASSUMED THAT THE ARTICLES SO SHIPPED WERE THOSE DESIGNATED BY YOU AND THAT THE SHIPMENT BY THE SPECIFIED MEANS WAS CORRECTLY ADDRESSED AND ARRIVED AT ASHLAND, OREGON, IN ACCORDANCE WITH YOUR EXPRESSED DESIRE. THUS, IT APPEARS THAT ANY ERROR RELATED TO THE ADVICE FURNISHED YOU--- THAT THE SHIPMENT WAS AUTHORIZED AT GOVERNMENT EXPENSE--- RATHER THAN TO THE ACTUAL MOVEMENT OF THE EFFECTS. ACCORDINGLY, UNDER SUCH CIRCUMSTANCES THE GOODS MAY NOT BE CONSIDERED AS HAVING BEEN "IMPROPERLY SHIPPED OR OTHERWISE UNAVOIDABLY SEPARATED FROM THE MEMBER" AS CONTEMPLATED BY PARAGRAPH 8006 OF THE JOINT TRAVEL REGULATIONS, NOTWITHSTANDING THE ADVICE WHICH WAS FURNISHED YOU WHILE ARRANGEMENTS WERE BEING MADE FOR THE SHIPMENT. ON THE CONTRARY, THE SHIPMENTS TO ASHLAND APPARENTLY WERE MADE AS YOU EXPRESSLY REQUESTED. FURTHER, PARAGRAPH 58023, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, PROVIDES THAT SHIPMENTS MADE PURSUANT TO THE OWNER'S SIGNED APPLICATION ORDINARILY WILL NOT BE REGARDED AS IMPROPER SHIPMENTS WITHIN THE PURVIEW OF THE ABOVE PROVISION OF THE JOINT TRAVEL REGULATIONS.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (A), PROVIDES THAT UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED SERVICES WHO IS DISCHARGED WITH SEVERANCE PAY, IMMEDIATELY FOLLOWING AT LEAST EIGHT YEAR OF CONTINUOUS ACTIVE DUTY MAY SELECT HIS HOME FOR THE PURPOSE OF TRAVEL AND TRANSPORTATION ALLOWANCES PAYABLE UNDER THAT SECTION. SECTION 303 (C) PROVIDES THAT, UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER WHO IS DISCHARGED IN THE CIRCUMSTANCES DESCRIBED IS ENTITLED TO TRANSPORTATION FOR HIS BAGGAGE AND HOUSEHOLD EFFECTS TO THE HOME SELECTED FOR ALLOWANCE PURPOSES UNDER SUBSECTION (A) OF THE SECTION.

PARAGRAPH 1150-3B, JOINT TRAVEL REGULATIONS, PROVIDES THAT THE TERM "HOME OF SELECTION," AS USED IN THE REGULATIONS, MEANS THE PLACE SELECTED BY A MEMBER AS HIS HOME UPON RETIREMENT (INCLUDING TRANSFER TO THE FLEET RESERVE OR FLEET MARINE CORPS RESERVE), DISCHARGE WITH SEVERANCE PAY, PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST, OR INVOLUNTARY RELEASE TO INACTIVE DUTY WITH READJUSTMENT PAY UNDER THE CONDITIONS OUTLINED IN PARAGRAPH 4158-1A. THE LATTER PARAGRAPH PROVIDES THAT A MEMBER UPON DISCHARGE, IN THE CIRCUMSTANCES SPECIFIED, MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES THERETO, PROVIDED THAT TRAVEL IS COMPLETED TO THE SELECTED HOME WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY.

PARAGRAPH 8260 OF THE JOINT TRAVEL REGULATIONS, THEN IN EFFECT, PROVIDES, THAT A MEMBER, UPON SUCH A DISCHARGE, IS ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS, WITHIN SPECIFIED LIMITATIONS, TO THE HOME SELECTED BY THE MEMBER FOR THE PURPOSE OF RECEIVING TRAVEL ALLOWANCES FOR HIS TRAVEL IN ACCORDANCE WITH PARAGRAPH 4158, PROVIDED SUCH GOODS ARE TURNED OVER TO A TRANSPORTATION OFFICER OR CARRIER FOR SHIPMENT WITHIN ONE YEAR FOLLOWING TERMINATION OF ACTIVE DUTY. IT IS FURTHER PROVIDED THAT SHIPMENT OF HOUSEHOLD GOODS TO ANY PLACE OTHER THAN THE HOME OF SELECTION IS NOT AUTHORIZED, COMPARATIVE COST NOTWITHSTANDING.

UNDER THE APPLICABLE PROVISIONS OF THE STATUTES AND REGULATIONS THERE WAS NO AUTHORITY, INCIDENT TO YOUR DISCHARGE, FOR THE SHIPMENT AT GOVERNMENT EXPENSE OF ANY PART OF YOUR HOUSEHOLD EFFECTS FROM RIO DE JANEIRO, BRAZIL, TO ASHLAND, OREGON, BECAUSE THE LATTER PLACE WAS NOT THE HOME SELECTED BY YOU UPON YOUR DISCHARGE. ON THAT BASIS, YOU WERE REQUESTED BY THE NAVY REGIONAL ACCOUNTS OFFICE, WASHINGTON 25, D.C., TO REFUND $73.84 REPRESENTING THE COST OF SHIPPING 599 POUNDS OF YOUR EFFECTS IN TWO SHIPMENTS FROM NEW ORLEANS, LOUISIANA, TO ASHLAND, OREGON. THE COST TO THE GOVERNMENT FOR SHIPPING THESE EFFECTS FROM RIO DE JANEIRO TO NEW ORLEANS WAS $97.55, THEREBY MAKING A TOTAL COST TO THE GOVERNMENT OF $171.39 FOR THE UNAUTHORIZED SHIPMENT OF THE 599 POUNDS OF EFFECTS FROM RIO DE JANEIRO TO ASHLAND. HOWEVER, THERE IS ON FILE A COPY OF LETTER DATED OCTOBER 23, 1959, FROM THE NAVY BUREAU OF SUPPLIES AND ACCOUNTS, WEST COAST REPRESENTATIVE, ADDRESSED TO YOU AT LOS GATOS, CALIFORNIA, IN REPLY TO YOUR LETTER OF OCTOBER 20, 1959, IN WHICH YOU REQUESTED ASSISTANCE IN FORWARDING YOUR HOUSEHOLD GOODS FROM LONG BEACH TO SANTA CLARA, CALIFORNIA, YOUR HOME OF SELECTION. THE RECORD INDICATES THAT THE GOODS IN STORAGE WERE SHIPPED FROM LONG BEACH TO SANTA CLARA ON A GOVERNMENT BILL OF LADING DATED OCTOBER 30, 1959. THUS, WHILE THE RECORD BEFORE US DOES NOT DEFINITELY SO SHOW, IT IS ASSUMED THAT AT THAT TIME YOU HAD COMPLETED YOUR VISIT IN OREGON; THAT YOU TRAVELED TO YOUR HOME OF SELECTION AT ABOUT THAT TIME, AND THAT THE GOODS SHIPPED TO OREGON FOR YOUR IMMEDIATE USE WERE FURTHER MOVED TO YOUR HOME OF SELECTION WITHIN ONE YEAR FROM JUNE 30, 1959, THE EFFECTIVE DATE OF YOUR DISCHARGE.

YOUR INDEBTEDNESS THEREFORE HAS BEEN RECOMPUTED ON THE BASIS OF THE EXCESS COST TO THE GOVERNMENT RESULTING FROM THE SHIPMENT TO YOUR HOME OF SELECTION IN SEPARATE LOTS, AS MADE, RATHER THAN IN ONE LOT FROM BRAZIL TO LONG BEACH FOR STORAGE AND THENCE TO YOUR HOME OF SELECTION. WE HAVE BEEN ADVISED BY THE NAVY REGIONAL ACCOUNTS OFFICE THAT THE TOTAL COST TO THE GOVERNMENT FOR THE SHIPMENTS AS MADE, INCLUDING NECESSARY STORAGE, AMOUNTED TO $2,412.07, WHEREAS IF SHIPMENT HAD BEEN MADE IN ONE LOT TO LONG BEACH FOR STORAGE AND THENCE TO YOUR HOME OF SELECTION, THE TOTAL COST WOULD HAVE BEEN $2,361.77. HENCE, YOU ARE CHARGEABLE WITH THE EXCESS COST OF $50.30. PAYMENT OF THAT AMOUNT SHOULD BE MADE BY CHECK OR MONEY ORDER PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" AND FORWARDED TO THE U.S. GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C.