B-150851, MAR. 20, 1963

B-150851, MAR. 20, 1963

TO THE SECRETARY OF THE AIR FORCE:

THERE HAS BEEN REFERRED HERE FOR CONSIDERATION A LETTER OF FEBRUARY 11, 1963, AND ENCLOSURES, FROM MRS. TENA SCRIVEN, 7025TH AIR POSTAL GROUP, UNITED STATES AIR FORCE, APO 57, U.S. FORCES, PERTAINING TO THE TRANSPORTATION AND STORAGE OF HER HOUSEHOLD EFFECTS. IN REPLY TO OUR REQUEST, THE CHIEF, CLASSIFICATION AND REGULATIONS DIVISION, DIRECTORATE OF CIVILIAN PERSONNEL, FURNISHED US A REPORT (FILE REFERENCE AFPCPAA) ON MARCH 7, 1963.

IT APPEARS THAT FOLLOWING A TOUR OF DUTY OF SOME FOUR YEARS AT LAJES FIELD, AZORES, MRS. SCRIVEN WAS TRANSFERRED ON OR ABOUT JANUARY 2, 1961, TO HQ TUSLOG, ANKARA, TURKEY, AND SUBSEQUENTLY HER PERSONAL AND HOUSEHOLD EFFECTS WERE TRANSPORTED FROM LAJES FIELD TO HER NEW STATION. THEREAFTER, MRS. SCRIVEN WAS SELECTED FOR DUTY WITH THE 7025TH AIR POSTAL GROUP AT RHEIN-MAIN AIR BASE, GERMANY. SHE WAS INFORMED, HOWEVER, THAT SHE WOULD BE REQUIRED TO LIVE IN FURNISHED GOVERNMENT QUARTERS ON THE BASE AND WOULD NOT BE PERMITTED TO USE HER OWN FURNITURE.

SPECIAL ORDER AC-247, AUGUST 23, 1962, BY WHICH SHE WAS DIRECTED TO PROCEED ON OR ABOUT SEPTEMBER 2, 1962, TO RHEIN-MAIN, GERMANY, CONTAINED THE FOLLOWING STATEMENT CONCERNING HER HOUSEHOLD EFFECTS:

"* * * HHG AND PERSONAL EFFECTS (2500 LBS NET), AUTHORIZED TO SHIPPED AT GOVERNMENT EXPENSE. SPLIT SHIPMENT OF HHG, PARTLY TO 3116 BRADY BOULEVARD, COLORADO SPRINGS, COLORADO (1700 POUNDS) AND PARTLY TO NEW DUTY STATION (400 POUNDS) IS AUTHORIZED. HOLD BAGGAGE MUST BE SHIPPED TO NEW DUTY STATION. WEIGHT OR HOLD BAGGAGE TRANSPORTED AT GOVERNMENT EXPENSE IS CHARGED AGAINST HHG WEIGHT ALLOWANCE AUTHORIZED ABOVE. * * *"

HOWEVER, BEFORE SHIPMENT OF THE EFFECTS WAS MADE IT WAS ASCERTAINED THAT SHIPMENT TO CONTINENTAL UNITED STATES WOULD TERMINATE THE EMPLOYEE'S ENTITLEMENT TO SUCH TRANSPORTATION AT GOVERNMENT EXPENSE. THE ORDER WAS AMENDED ON AUGUST 24, 1962, TO PROVIDE FOR, AND SHIPMENT WAS MADE TO RHEIN -MAIN, GERMANY, WERE SHE WAS NOT PERMITTED TO USE THE EFFECTS AND WHERE NONTEMPORARY GOVERNMENT STORAGE FACILITIES WERE NOT AVAILABLE.

THE REPORT, DATED MARCH 7, 1963, ABOVE REFERRED TO, READS IN PART AS FOLLOWS:

"* * * MR. VAUGHN ADVISED HER THAT: INASMUCH AS SHE HAD COMPLETED THE AGREED PERIOD OF SERVICE IN TURKEY; WAS PROVIDED FURNISHED GOVERNMENT QUARTERS IN GERMANY WHERE SHE WAS NOT PERMITTED TO USE HER OWN FURNITURE; WAS REQUIRED BY TURKISH LAW TO REMOVE HER PROPERTY UPON LEAVING TURKEY; AND NON-TEMPORARY GOVERNMENT STORAGE FACILITIES ARE UNAVAILABLE IN EUROPE; THE ONLY POSSIBLE SOLUTION WAS USE OF AUTHORITY FOR ADVANCE RETURN OF HER HOUSEHOLD GOODS AND PERSONAL EFFECTS NOT IN EXCESS OF 2500 POUNDS NET WEIGHT FROM TURKEY TO HER RESIDENCE IN THE CONTINENTAL UNITED STATES.

"IT WAS EXPLAINED TO MRS. SCRIVEN THAT SEVERAL LIMITATIONS MUST APPLY AS THE RESULT OF ADVANCE RETURN OF HER PROPERTY TO THE CONTINENTAL UNITED STATES. THIS EXPLANATION WAS THAT ONCE THE FULL WEIGHT ALLOWANCE OF GOODS ARE RETURNED TO HER PLACE OF RESIDENCE: (1) THERE WOULD BE NO ENTITLEMENT TO SHIP THE PROPERTY BACK OVERSEAS IF, DURING A PERIOD OF CONTINUOUS EMPLOYMENT, SHE LATER NEEDED HER OWN FURNITURE IN THE EVENT OF REQUIRED USE OF UNFURNISHED QUARTERS AT THE DUTY STATION IN GERMANY; (2) IN A PERMANENT CHANGE OF STATION MOVE TO A NEW DUTY STATION, OTHER THAN ONE IN THE CONTINENTAL UNITED STATES, ENTITLEMENT FOR THE TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS, NOT IN EXCESS OF 2500 POUNDS NET WEIGHT, WOULD BE LIMITED TO MOVEMENT FROM THE OLD DUTY STATION TO THE NEW DUTY STATION; (3) IN THE EVENT OF TRANSFER TO A NEW PERMANENT DUTY STATION IN THE CONTINENTAL UNITED STATES ENTITLEMENT FOR TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS WOULD BE LIMITED TO THAT PORTION OF DISTANCE TO THE NEW DUTY STATION IN EXCESS OF THAT TO HER PLACE OF RESIDENCE; (4) NO ENTITLEMENT REMAINS FOR TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS TO HER PLACE OF RESIDENCE UPON SEPARATION FROM HER PRESENT DUTY STATION IN GERMANY OR ANY OTHER DUTY STATION NOT MORE DISTANT THAN THE DUTY STATION IN TURKEY FROM WHICH ADVANCE RETURN SHIPMENT OF PROPERTY WAS ALLOWED.

"MRS. SCRIVEN INDICATED THAT WHILE THE LIMITATIONS APPEAR DRASTIC AND INEQUITABLE UNDER CONDITIONS BEYOND HER CONTROL SHE WAS AGREEABLE TO ADVANCE RETURN OF THE GOODS IF THAT IS THE ONLY ALLOWABLE SOLUTION.

"IT IS RECOGNIZED THAT USE OF THE AUTHORITY FOR ADVANCE RETURN OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IS INTENDED TO APPLY USUALLY IN CONNECTION WITH AN EMPLOYEE'S SUBSEQUENT SEPARATION FROM THE SAME STATION. UNDER THE CIRCUMSTANCES IN THE SUBJECT CASE USE OF THE AUTHORITY, WITH THE LIMITATIONS INDICATED ABOVE, WOULD NOT RESULT IN EXCESS COST TO THE GOVERNMENT OR ALLOW THE EMPLOYEE DUPLICATION OF TRANSPORTATION ENTITLEMENT.

"MRS. SCRIVEN'S TRAVEL ORDER SO-AC-247, DATED 23 AUGUST 1962 AUTHORIZED ADVANCE RETURN FROM DUTY STATION IN TURKEY TO PLACE OF RESIDENCE IN THE CONTINENTAL UNITED STATES FOR A PORTION OF HER HOUSEHOLD GOODS AND PERSONAL EFFECTS AND A PORTION TO HER NEW DUTY STATION IN GERMANY. SUBSEQUENT AMENDMENT OF THE TRAVEL ORDER DELETED AUTHORITY FOR PARTIAL SHIPMENT AS AN ADVANCE RETURN TO PLACE OF RESIDENCE AND AUTHORIZED MOVEMENT OF THE ENTIRE LOT TO THE NEW DUTY STATION IN GERMANY. THE GOODS ARE ON HAND AT RHEIN-MAIN AIR BASE, GERMANY, WHERE THE EMPLOYEE IS NOT PERMITTED TO USE THEM. THE EMPLOYEE WOULD NOT BE ELIGIBLE TO BE AUTHORIZED AN ADVANCE RETURN OF THE GOODS AT GOVERNMENT EXPENSE FROM RHEIN -MAIN AIR BASE UNTIL COMPLETION OF THE MINIMUM AGREED PERIOD OF SERVICE AT THE NEW DUTY STATION.

"IT IS RECOMMENDED THAT, IN VIEW OF THE CIRCUMSTANCES IN THIS CASE, MRS. SCRIVEN BE PERMITTED TO USE THE ADVANCE RETURN TRANSPORTATION AUTHORITY IN TRAVEL ORDER SO-AC-249 WITH PICK UP OF THE GOODS AT RHEIN MAIN AIR BASE FOR ONWARD MOVEMENT WITHOUT ADDITIONAL COST TO HER BUT SUBJECT TO THE TRANSPORTATION LIMITATIONS STATED ABOVE.

"THIS HEADQUARTERS WILL AWAIT YOUR DECISION ON THIS CASE AT WHICH TIME APPROPRIATE INSTRUCTIONS WILL BE ISSUED TO THE RESPONSIBLE OVERSEA COMMAND.'

SINCE THE ADMINISTRATIVE REPORT SHOWS THE EMPLOYEE COMPLETED HER AGREED PERIOD OF SERVICE IN TURKEY AND, THEREFORE, HAD ACQUIRED ELIGIBILITY FOR RETURN TRANSPORTATION, AND NO EXCESS COST WILL RESULT, WE WOULD HAVE NO OBJECTION IN THIS CASE TO THE ADMINISTRATIVELY RECOMMENDED ACTION OF ALLOWING THE RETURN TRANSPORTATION OF HER EFFECTS AT THIS TIME.

IN VIEW OF A CONGRESSIONAL INTEREST IN THE MATTER IT IS REQUESTED THAT YOUR ACTION BE EXPEDITED.