B-153443, JUN. 25, 1964

B-153443: Jun 25, 1964

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USAF: REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 20. YOU WERE TRANSFERRED FROM BARKSDALE AIR FORCE BASE. YOUR DEPENDENTS AND HOUSEHOLD EFFECTS WERE MOVED TO KINDLEY AIR FORCE BASE. WERE TRANSFERRED TO DUTY AT PLATTSBURGH AIR FORCE BASE. INCIDENT TO THESE ORDERS YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM BERMUDA TO BROOKLYN ARMY TERMINAL. YOU WERE ALSO PAID THE SUM OF $24.18 FOR TRAVEL OF YOUR DEPENDENTS AND THE SUM OF $110.10 FOR DISLOCATION ALLOWANCE. WAS COLLECTED FROM YOU SO THAT YOU COULD BE ELIGIBLE FOR THE TRAILER ALLOWANCE. YOUR TRAILER WAS MOVED AT YOUR EXPENSE BY COMMERCIAL TRANSPORTER FROM BOSSIER CITY. YOU WERE ALLOWED A TRAILER ALLOWANCE OF $148.68. IT APPEARS TO BE YOUR VIEW THAT YOU SHOULD HAVE BEEN ALLOWED TRAILER ALLOWANCE BASED ON THE DISTANCE FROM BARKSDALE AIR FORCE BASE.

B-153443, JUN. 25, 1964

TO TECHNICAL SERGEANT THOMAS G. WEBB, JR., USAF:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 20, 1964, IN EFFECT REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 6, 1964, WHICH ALLOWED IN PART YOUR CLAIM FOR TRAILER ALLOWANCE FOR TRANSPORTING YOUR TRAILER FROM BARKSDALE AIR FORCE BASE, LOUISIANA, TO PLATTSBURGH AIR FORCE BASE, NEW YORK.

BY ORDERS DATED NOVEMBER 27, 1959, YOU WERE TRANSFERRED FROM BARKSDALE AIR FORCE BASE, LOUISIANA, TO AN OVERSEAS DUTY STATION, APO 856, NEW YORK, NEW YORK. THE RECORD INDICATES THAT INCIDENT TO THIS CHANGE OF STATION YOU LEFT YOUR TRAILER AT BARKSDALE AIR FORCE BASE, LOUISIANA, AND YOUR DEPENDENTS AND HOUSEHOLD EFFECTS WERE MOVED TO KINDLEY AIR FORCE BASE, BERMUDA. BY ORDERS DATED NOVEMBER 29, 1962, WERE TRANSFERRED TO DUTY AT PLATTSBURGH AIR FORCE BASE, NEW YORK. INCIDENT TO THESE ORDERS YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM BERMUDA TO BROOKLYN ARMY TERMINAL, NEW YORK, THENCE TO PLATTSBURGH AIR FORCE BASE AT GOVERNMENT EXPENSE. YOU WERE ALSO PAID THE SUM OF $24.18 FOR TRAVEL OF YOUR DEPENDENTS AND THE SUM OF $110.10 FOR DISLOCATION ALLOWANCE. HOWEVER, UPON YOUR ARRIVAL AT PLATTSBURGH AIR FORCE BASE, NEW YORK, YOU ARRANGED WITH THE TRANSPORTATION OFFICER THERE TO REIMBURSE THE GOVERNMENT THE SUM OF $53.43, REPRESENTING THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM BROOKLYN TO PLATTSBURGH AIR FORCE BASE, AND THE SUM OF $110.10, REPRESENTING PAYMENT OF DISLOCATION ALLOWANCE, WAS COLLECTED FROM YOU SO THAT YOU COULD BE ELIGIBLE FOR THE TRAILER ALLOWANCE.

YOUR TRAILER WAS MOVED AT YOUR EXPENSE BY COMMERCIAL TRANSPORTER FROM BOSSIER CITY, LOUISIANA, TO KEESVILLE, NEW YORK, FOR WHICH YOU CLAIMED A TRAILER ALLOWANCE. BY OUR SETTLEMENT DATED JANUARY 6, 1964,YOU WERE ALLOWED A TRAILER ALLOWANCE OF $148.68, COMPUTED AT THE RATE OF $0.36 PER MILE BASED ON THE OFFICIAL HIGHWAY DISTANCE FROM MCGUIRE AIR FORCE BASE, NEW JERSEY (YOUR PORT OF ENTRY TO THE UNITED STATES WHEN YOU RETURNED FROM BERMUDA), TO PLATTSBURGH AIR FORCE BASE, NEW YORK, YOUR NEW DUTY STATION.

IN YOUR LETTER OF JANUARY 20, 1964, YOU SAY YOU SURMISE THAT THE SETTLEMENT YOU RECEIVED REPRESENTS THE VALUE OF TRANSPORTING YOUR TRAILER FROM MCGUIRE AIR FORCE BASE TO PLATTSBURGH AIR FORCE BASE BUT THAT IT DOES NOT REPRESENT THE TOTAL VALUE OF YOUR CLAIM AND DOES NOT APPEAR TO BE AN EQUITABLE SETTLEMENT OF THE MATTER. IT APPEARS TO BE YOUR VIEW THAT YOU SHOULD HAVE BEEN ALLOWED TRAILER ALLOWANCE BASED ON THE DISTANCE FROM BARKSDALE AIR FORCE BASE, LOUISIANA, TO PLATTSBURGH AIR FORCE BASE, NEW YORK.

THE PERTINENT STATUTE, 37 U.S.C. 409, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, AND IN LIEU OF TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS OR PAYMENT OF A DISLOCATION ALLOWANCE, A MEMBER OF THE UNIFORMED SERVICES WHO WOULD OTHERWISE BE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD GOODS MAY TRANSPORT A HOUSE TRAILER OR MOBILE DWELLING WITHIN THE CONTINENTAL UNITED STATES FOR USE AS A RESIDENCE. PARAGRAPH 10005, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE CONTROLLING STATUTE PROVIDES, GENERALLY, THAT IN UNUSUAL CASES, SUCH AS WHEN A TRANSPORTATION OFFICER IS NOT AVAILABLE, A MEMBER WHO IS ENTITLED TO TRAILER ALLOWANCES UNDER THE BASIC ELIGIBILITY REQUIREMENTS SET FORTH IN PARAGRAPH 10002 MAY BE PERMITTED TO ARRANGE A CONTRACT PERSONALLY WITH A COMMERCIAL TRANSPORTER FOR THE TRANSPORTATION OF HIS HOUSE TRAILER. REIMBURSEMENT FOR THE COSTS ACTUALLY INCURRED OR THE MAXIMUM AMOUNT WHICH WOULD HAVE BEEN PAYABLE UNDER PARAGRAPH 10004 ($0.36 A MILE), WHICHEVER IS THE LESSER, IS AUTHORIZED.

PARAGRAPH 10009, CHANGE 113, APRIL 1, 1962, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN A MEMBER WHOSE TRAILER HAS NOT BEEN TRANSPORTED TO A DESIGNATED PLACE IS RETURNED FROM DUTY OUTSIDE THE UNITED STATES TO THE UNITED STATES UNDER PERMANENT CHANGE OF STATION ORDERS HE SHALL BE ENTITLED TO THE TRAILER ALLOWANCE FOR TRANSPORTATION OF A TRAILER WITHIN THE UNITED STATES IN ACCORDANCE WITH PARAGRAPH 10007-3 OR 4, AS APPLICABLE, PROVIDED HE HAS NOT SHIPPED HOUSEHOLD GOODS WITHIN THE UNITED STATES AT GOVERNMENT EXPENSE, AND HE HAS NOT AND WILL NOT CLAIM A DISLOCATION ALLOWANCE IN CONNECTION WITH THAT PERMANENT CHANGE OF STATION. THE PARAGRAPH FURTHER PROVIDES THAT SHIPMENT OF HOUSEHOLD GOODS FROM THE DUTY STATION OUTSIDE THE UNITED STATES TO THE PORT OF DEBARKATION IN THE UNITED STATES IN ACCORDANCE WITH PARAGRAPH 8016-4 DOES NOT BAR ENTITLEMENT TO TRAILER ALLOWANCES UNDER AUTHORITY OF THAT PARAGRAPH. PARAGRAPH 10007-4 OF THE REGULATIONS, APPLICABLE IN YOUR CASE, PROVIDES IN PERTINENT PART THAT IN COMPUTING DISTANCES FROM PLACES OUTSIDE THE UNITED STATES THE MAXIMUM DISTANCE FOR WHILE THE TRAILER ALLOWANCE IS PAYABLE WILL BE THE HIGHWAY DISTANCE BETWEEN THE PORT WHERE THE MEMBER ACTUALLY ENTERS THE UNITED STATES AND THE MEMBER'S NEW STATION, NOT TO EXCEED THE HIGHWAY DISTANCE BETWEEN THE POINTS THE TRAILER WAS ACTUALLY TRANSPORTED IN THE UNITED STATES.

INCIDENT TO YOUR PERMANENT CHANGE OF STATION FROM KINDLEY AIR FORCE BASE, BERMUDA, TO PLATTSBURGH AIR FORCE BASE, NEW YORK, DIRECTED BY ORDERS DATED NOVEMBER 29, 1962, YOU WERE ENTITLED UNDER THE INDICATED PROVISIONS OF THE REGULATIONS TO A TRAILER ALLOWANCE FOR TRANSPORTING YOUR TRAILER FROM BARKSDALE AIR FORCE BASE, LOUISIANA, TO PLATTSBURGH AIR FORCE BASE, NEW YORK, COMPUTED AT THE RATE OF $0.36 A MILE ON THE HIGHWAY DISTANCE FROM MCGUIRE AIR FORCE BASE, NEW JERSEY (THE PORT WHERE YOU ACTUALLY ENTERED THE UNITED STATES FROM BERMUDA), TO PLATTSBURGH AIR FORCE BASE, NEW YORK.

PARAGRAPH 10010 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN A MEMBER'S TRAILER HAS BEEN RETAINED AT SOME PRIOR PERMANENT STATION, TRAILER ALLOWANCES ARE AUTHORIZED FOR A DISTANCE NOT TO EXCEED THAT FROM THE LAST PERMANENT STATION TO WHICH BAGGAGE OR HOUSEHOLD GOODS WERE TRANSPORTED AT GOVERNMENT EXPENSE, TO WHICH TRAILER ALLOWANCES WERE PAID, TO WHICH THE DISLOCATION ALLOWANCE WAS PAID, OR AT WHICH ELIGIBILITY TO ELECT TRAILER ALLOWANCES FIRST ACCRUED (WHICHEVER MAY HAVE OCCURRED LAST) TO THE NEW DUTY STATION. SINCE INSOFAR AS THE RECORD SHOWS, YOUR BAGGAGE AND HOUSEHOLD GOODS WERE TRANSPORTED AT GOVERNMENT EXPENSE TO YOUR DUTY STATION IN BERMUDA, SUCH PROVISIONS COULD NOT PROVIDE A MILEAGE ALLOWANCE GREATER THAN THAT TO WHICH YOU WERE AUTHORIZED UNDER PARAGRAPH 10007-4 ABOVE.

THE SETTLEMENT OF JANUARY 6, 1964, ALLOWED YOU THE TRAILER ALLOWANCE COMPUTED ON THE HIGHWAY DISTANCE FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, TO PLATTSBURGH AIR FORCE BASE, NEW YORK, IN ACCORDANCE WITH THE CITED REGULATIONS, AND NO ADDITIONAL AMOUNT IS DUE YOU ON YOUR CLAIM. ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE ACTION TAKEN IN OUR SETTLEMENT OF JANUARY 6, 1964, IS SUSTAINED.

SINCE YOUR ELECTION TO RECEIVE TRAILER ALLOWANCE APPEARS TO HAVE BEEN BASED ON ERRONEOUS ADVICE AND AS IT WOULD BE TO YOUR ADVANTAGE FINANCIALLY TO RECEIVE REIMBURSEMENT ON THE BASIS OF THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS AND DISLOCATION ALLOWANCE, WE WILL GIVE CONSIDERATION TO ALLOWING YOU THE DIFFERENCE BETWEEN THE AMOUNT OF THE TRAILER ALLOWANCE, $148.68, AND THE SUM OF THE TRANSPORTATION CHARGES AND DISLOCATION ALLOWANCE REFUNDED BY YOU, $163.53, UPON RECEIPT OF ADVICE FROM YOU THAT YOU NOW DESIRE REIMBURSEMENT ON THAT BASIS.