B-155539, JAN. 7, 1965

B-155539, JAN. 7, 1965

TO LIEUTENANT COLONEL H. G. BERKSHIRE, FC, DEPARTMENT OF THE ARMY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 30, 1964 (YOUR FILE REFERENCE FINCS-FB COLCHAGOFF, GEORGE D. 011 121), IN EFFECT REQUESTING A DECISION AS TO THE EXTENT OF THE GOVERNMENT'S LIABILITY FOR THE COST OF SHIPPING THE HOUSEHOLD GOODS OF COLONEL GEORGE D. COLCHAGOFF, 11121A, FROM ARLINGTON, VIRGINIA, TO ALEXANDRIA, VIRGINIA.

YOUR REQUEST WAS NOT ROUTED THROUGH COMMAND CHANNELS AS REQUIRED BY PARAGRAPH 11-3, ARMY REGULATIONS 37-103. SINCE, HOWEVER, THE RECORD IS SUFFICIENTLY COMPLETE FOR OUR PURPOSES AND YOUR REQUEST HAS A DIRECT BEARING UPON THE AMOUNT OF PAY AND ALLOWANCES DUE COLONEL COLCHAGOFF, A DECISION WILL BE RENDERED ON THE BASIS OF YOUR REQUEST.

BY PARAGRAPH 2, SPECIAL ORDERS NO. A-6, DATED JANUARY 8, 1960, COLONEL COLCHAGOFF WAS RELIEVED FROM ASSIGNMENT TO HEADQUARTERS AIR RESEARCH AND DEVELOPMENT COMMAND, ANDREWS AIR FORCE BASE, MARYLAND, AND ASSIGNED TO AIR FORCE OFFICE OF SCIENTIFIC RESEARCH, AIR RESEARCH AND DEVELOPMENT COMMAND, TEMPORARY "X" BUILDING, WASHINGTON, D.C., AS A PERMANENT CHANGE OF STATION, WITH NO TRAVEL INVOLVED. HE WAS TO REPORT NOT LATER THAN FEBRUARY 1, 1960. ON APRIL 22, 1963, OVER 3 YEARS AFTER THOSE ORDERS, HE EXECUTED AN APPLICATION FOR SHIPMENT OF HIS HOUSEHOLD EFFECTS FROM 1906 SOUTH LYNN STREET, ARLINGTON, VIRGINIA, TO 1325 WILKES STREET, ALEXANDRIA, VIRGINIA. HIS EFFECTS, WEIGHING 16,400 POUNDS, INCLUDING 1,000 POUNDS OF PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT, WERE MOVED ON GOVERNMENT BILL OF LADING B-8653932, DATED APRIL 23, 1963, AT A COST TO THE GOVERNMENT OF $328. EXCESS COST BASED ON SHIPMENT OF AN EXCESS WEIGHT OF 5,400 POUNDS HAS BEEN COMPUTED IN THE AMOUNT OF $108. HOWEVER, IN VIEW OF INFORMATION FROM THE TRANSPORTATION OFFICER, ANDREWS AIR FORCE BASE, THAT THE REASON FOR THE MOVE BY COLONEL COLCHAGOFF IS NOT KNOWN AND THAT IT MAY HAVE BEEN DUE TO A CAUSE SUCH AS THE EXPIRATION OF A LEASE ON THE ARLINGTON RESIDENCE, YOU QUESTION WHETHER HE SHOULD BE CHARGED WITH EXCESS COST IN THAT AMOUNT OR THE ENTIRE COST OF THE SHIPMENT.

THE PERTINENT STATUTE, 37 U.S.C. 406, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS THE SECRETARIES MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR. PARAGRAPH 8000-6 OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT AUTHORITY, PROVIDES AMONG OTHER THINGS THAT A PERMANENT CHANGE OF STATION IS THE TRANSFER OF A MEMBER TO A DIFFERENT DUTY STATION (EVEN THOUGH WITHIN THE SAME CITY, TOWN, OR METROPOLITAN AREA) UNDER COMPETENT ORDERS WHICH NEITHER SPECIFY THE DUTY AS TEMPORARY, NOR PROVIDE FOR FURTHER ASSIGNMENT TO A NEW STATION, OR DIRECT RETURN TO THE OLD DUTY STATION. PARAGRAPH 8051-4 OF THE REGULATIONS PROVIDES THAT NECESSARY DRAYAGE OR HAULING OF HOUSEHOLD GOODS WITHIN PRESCRIBED WEIGHT ALLOWANCES IS AUTHORIZED AT GOVERNMENT EXPENSE FROM ONE AREA TO ANOTHER AREA WITHIN THE SAME METROPOLITAN AREA WHEN IN CONNECTION WITH A PERMANENT CHANGE OF STATION.

IT IS WELL SETTLED THAT THE RIGHT TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS ACCRUES ONLY WHEN THE MOVEMENT IS INCIDENT TO A CHANGE OF RESIDENCE RESULTING FROM AND MADE NECESSARY BY AN ORDERED CHANGE OF STATION. SEE B-146368, AUGUST 8, 1961, COPY ENCLOSED. COMPARE 33 COMP. GEN. 431. IN THE PRESENT CASE THE RECORD DOES NOT SHOW THAT THE MOVE TO ALEXANDRIA WAS NECESSITATED BY THE CHANGE OF STATION, AND AS INDICATED, THE MOVE WAS NOT MADE UNTIL MORE THAN 3 YEARS AFTER THE TRANSFER OCCURRED. WHILE DELAY IN RELOCATING A MEMBER'S HOUSEHOLD INCIDENT TO A PERMANENT CHANGE OF STATION DOES NOT OF ITSELF BAR PAYMENT FOR THE MOVE WHEN MADE, SUCH DELAY, WHEN COUPLED WITH THE FACT THAT THE MOVE WAS MADE TO ANOTHER LOCATION WITHIN THE SAME AREA, IS FURTHER INDICATION THAT IT MAY HAVE BEEN FOR PERSONAL REASONS AND NOT THE RESULT OF THE PERMANENT CHANGE OF STATION.

ACCORDINGLY, IN THE ABSENCE OF A SHOWING THAT THE RELOCATION OF COLONEL COLCHAGOFF'S RESIDENCE IN 1963 RESULTED PRINCIPALLY FROM THE CHANGE OF STATION IN 1960, HE SHOULD BE CHARGED WITH THE ENTIRE COST OF MOVING HIS HOUSEHOLD EFFECTS FROM ARLINGTON TO ALEXANDRIA.