B-156585, AUG. 11, 1965

B-156585, AUG. 11, 1965

TO MR. JACK W. NELSON, BMC, USCG, RETIRED:

FURTHER REFERENCE IS MADE TO LETTER OF APRIL 8, 1965, WITH ENCLOSURE, WRITTEN ON YOUR BEHALF BY YOUR WIFE, ALICE C. NELSON, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR TRAILER ALLOWANCE INCIDENT TO THE MOVEMENT OF YOUR HOUSE TRAILER FROM MAYPORT, FLORIDA, TO AUBURN, MAINE, IN SEPTEMBER 1964.

THE RECORD SHOWS THAT ON MARCH 12, 1964, YOU AND YOUR WIFE ENTERED INTO A CONTRACT WITH MAYPORT MOBILE HOME SALES, MAYPORT, FLORIDA, FOR THE PURCHASE ON AN 8-YEAR INSTALLMENT PAYMENT BASIS OF A NEW HOUSE TRAILER FOR A STATED CONSIDERATION WHICH INCLUDED ACCESSORIES OR EXTRAS AND THE COST OF "DELIVERY TO MAINE.' ONE WEEK LATER, MARCH 19, 1964, THE COMMANDANT, UNITED STATES COAST GUARD, ISSUED ORDERS PLACING YOUR NAME ON THE TEMPORARY DISABILITY RETIRED LIST EFFECTIVE APRIL 1, 1964. UNDER THE AUTHORITY OF THOSE ORDERS YOU AND YOUR DEPENDENTS TRAVELED BY PRIVATELY OWNED AUTOMOBILE FROM JACKSONVILLE BEACH, FLORIDA, LOCATED SEVERAL MILES FROM YOUR LAST PERMANENT DUTY STATION, MAYPORT, TO YOUR HOME OF SELECTION, AUBURN, MAINE, DURING THE PERIOD AUGUST 6 TO 10, 1964. YOUR HOUSE TRAILER WHICH REMAINED ON THE DEALER'S LOT AFTER PURCHASE WAS MOVED FROM MAYPORT TO AUBURN DURING THE PERIOD SEPTEMBER 7 TO 17, 1964. THE COAST GUARD PAID YOU A MILEAGE ALLOWANCE IN CONNECTION WITH THE TRAVEL PERFORMED BY YOU AND YOUR DEPENDENTS, BUT DENIED PAYMENT OF THE TRAILER ALLOWANCE IN THE ABSENCE OF MORE PROOF OF OWNERSHIP OF THE HOUSE TRAILER AT POINT OF ORIGIN. CONSEQUENTLY, YOU FURNISHED A WRITTEN EXPLANATION TO THE EFFECT THAT YOU HAD MADE AN INITIAL PAYMENT OF $1,100 ON THE TRAILER, BUT DID NOT OCCUPY IT PRIOR TO THE TIME YOU LEFT JACKSONVILLE BEACH BECAUSE YOU HAD NOT SOLD YOUR HOME. YOUR CLAIM WAS TRANSMITTED TO OUR CLAIMS DIVISION FOR CONSIDERATION, AND BY SETTLEMENT OF MARCH 18, 1965, IT WAS DISALLOWED FOR THE REASON THAT YOU HAD SUBMITTED NO EVIDENCE SHOWING THAT THE HOUSE TRAILER WAS NOT PURCHASED FOR DELIVERY F.O.B. MAINE OR THAT THE COST OF TRANSPORTATION THEREOF WAS INCLUDED AS A SEPARATE ITEM IN THE SALES CONTRACT.

IN SUPPORT OF THE REQUEST FOR RECONSIDERATION OF YOUR CLAIM THERE NOW IS FURNISHED A COPY OF A SALES ORDER WHICH, ALTHOUGH NOT CLEARLY IDENTIFIED, PRESUMABLY COVERED YOUR PURCHASE OF THE HOUSE TRAILER. THAT SALES ORDER CONTAINS AN ITEMIZED LISTING OF THE VARIOUS HOUSE TRAILER ACCESSORIES AND INTERIOR FURNISHINGS AND THEIR COST. IN ADDITION, IT SHOWS A CHARGE FOR THE DELIVERY OF THE HOUSE TRAILER TO AUBURN OF $919.

THE STATUTORY AUTHORITY FOR THE TRANSPORTATION OF A HOUSE TRAILER OF A MEMBER OF THE UNIFORMED SERVICES AT GOVERNMENT EXPENSE IS SET FORTH IN 37 U.S.C. 409 WHICH, IN PERTINENT PART, IS AS FOLLOWS:

"UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED AND IN PLACE OF THE TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS OR PAYMENT OF A DISLOCATION ALLOWANCE, A MEMBER, OR IN THE CASE OF HIS DEATH HIS DEPENDENT, WHO WOULD OTHERWISE BE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD GOODS UNDER SECTION 406 OF THIS TITLE, MAY TRANSPORT A HOUSE TRAILER OR MOBILE DWELLING WITHIN THE CONTINENTAL UNITED STATES * * * FOR USE AS A RESIDENCE BY ONE OF THE FOLLOWING MEANS---

"/3) TRANSPORT THE TRAILER OR DWELLING BY COMMERCIAL MEANS AND BE REIMBURSED BY THE UNITED STATES SUBJECT TO SUCH RATES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. * * *"

PARAGRAPH M10005 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED UNDER THE AUTHORITY OF THE ABOVE STATUTORY PROVISION, PROVIDES AS FOLLOWS:

"IN UNUSUAL CASES, SUCH AS WHEN A TRANSPORTATION OFFICER IS NOT AVAILABLE, A MEMBER WHO IS ENTITLED TO TRAILER ALLOWANCES UNDER THE CONDITIONS OF PAR. 10002 MAY BE PERMITTED TO ARRANGE OR CONTRACT PERSONALLY WITH A COMMERCIAL TRANSPORTER (SEE PAR. 10001-3) FOR THE TRANSPORTATION OF HIS HOUSE TRAILER. REIMBURSEMENT FOR THE COSTS ACTUALLY INCURRED OR THE MAXIMUM AMOUNT WHICH WOULD HAVE BEEN PAYABLE UNDER PAR. 10004, WHICHEVER IS THE LESSER, IS AUTHORIZED. THE SERVICE CONCERNED WILL ISSUE ADMINISTRATIVE REGULATIONS INDICATING WHEN A MEMBER WILL BE PERMITTED TO ARRANGE OR CONTRACT PERSONALLY WITH A COMMERCIAL TRANSPORTER FOR THE TRANSPORTATION OF HIS HOUSE TRAILER AND PROCEDURES GOVERNING ADVANCE PAYMENT AUTHORIZED IN PAR. 1100-5.'

THE ADMINISTRATIVE REGULATIONS WHICH WERE ISSUED BY THE COAST GUARD IN CONSONANCE WITH PARAGRAPH M10005 WERE EMBODIED IN COMPTROLLER INSTRUCTION NO. 34-62, DATED DECEMBER 6, 1962, AND PARAGRAPH 7 THEREOF PROVIDED THAT THE INSTRUCTION IS CANCELLED WHEN ITS CONTENTS HAVE BEEN INCORPORATED IN THE COAST GUARD TRAVEL MANUAL. SINCE SUCH CONTENTS HAVE NOT BEEN INCORPORATED INTO THE U.S. COAST GUARD TRAVEL MANUAL (CG 265), WE MUST NECESSARILY GIVE EFFECT TO THAT INSTRUCTION IN THE CONSIDERATION OF YOUR CLAIM. THE PERTINENT PARAGRAPHS OF THAT INSTRUCTION ARE QUOTED BELOW:

"4. GENERAL INFORMATION.

"A. ENTITLEMENT. UNDER THE PROVISIONS OF REFERENCES (A) AND (B), A MILITARY MEMBER OR HIS DEPENDENT, IN CASE OF DECEASE, WHO WOULD OTHERWISE BE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD GOODS MAY HAVE HIS HOUSE TRAILER OR MOBILE DWELLING TRANSPORTED BY COMMERCIAL MEANS UNDER A GOVERNMENT BILL OF LADING.

"B. EXCEPTION. WHEN EXCESS COST CANNOT BE DETERMINED AND COLLECTED PRIOR TO SHIPMENT, THE GOVERNMENT WILL NOT ARRANGE FOR SHIPMENT UNDER A GOVERNMENT BILL OF LADING FOR A MEMBER UPON DISCHARGE, RESIGNATION, OR SEPARATION FROM ACTIVE DUTY AND WHO WILL NOT THEREAFTER BE IN A PAY STATUS OR FOR THE DEPENDENT OF A DECEASED MEMBER; OR IN UNUSUAL CASES, SUCH AS WHERE THE TRAILERS ARE LOCATED IN OUTLYING AREAS AND ARRANGEMENTS BY A SHIPPING OFFICER WOULD DELAY THE SHIPMENT BEYOND THE PREFERRED ARRIVAL DATE THEREBY RESULTING IN HARDSHIP TO THE MEMBER OR HIS FAMILY.

"6. ACTION REQUIRED. SHIPPING OFFICERS ARE RESPONSIBLE FOR THE FOLLOWING:

"B. WHEN MEMBERS OR DEPENDENTS AUTHORIZED TO PERSONALLY ARRANGE FOR MOVEMENT BY COMMERCIAL TRANSPORTER. AS INDICATED IN SUBPARAGRAPH 4B, IN UNUSUAL CASES MEMBERS OR DEPENDENTS MAY BE AUTHORIZED TO PERSONALLY ARRANGE FOR TRANSPORTATION OF TRAILER OR MOBILE DWELLING BY A COMMERCIAL TRANSPORTER. IN THESE INSTANCES, SHIPPING OFFICERS ARE RESPONSIBLE FOR AUTHORIZING MEMBERS OR DEPENDENTS IN WRITING TO MAKE THEIR OWN ARRANGEMENTS SUBJECT TO THE PROVISIONS OF PARAGRAPH 10005 OF REFERENCE (B). IF IN EMERGENCY SITUATIONS TIME DOES NOT PERMIT SUCH PRIOR WRITTEN AUTHORIZATION, THE SHIPPING OFFICER IS RESPONSIBLE FOR APPROVING IN WRITING PROCUREMENT BY A MEMBER OR DEPENDENT FROM A COMMERCIAL TRANSPORTER. MEMBERS OR DEPENDENTS SHOULD BE INFORMED THAT CLAIMS FOR REIMBURSEMENT MUST BE SUBSTANTIATED BY EITHER THE PRIOR AUTHORIZATION OR THE SUBSEQUENT APPROVAL. SHIPPING OFFICERS SHOULD ALSO ADVISE MEMBER TO CONSULT HIS AUTHORIZED CERTIFYING OFFICER FOR DETAILS CONCERNING TRAILER ALLOWANCE AND PAYMENT PROCEDURES PRESCRIBED IN COMPTROLLER INSTRUCTION NO. 4-62. THE OWNER SHOULD BE GIVEN THE NAMES OF COMMERCIAL TRANSPORTERS SERVING THE AREA OR THE LOCATION OF THE TRAILER AND PROCEDURES TO BE FOLLOWED IN OBTAINING THE LOW-COST SATISFACTORY CARRIERS.'

IT IS CLEAR THAT FOR PURPOSES OF BENEFITS UNDER THE ABOVE COAST GUARD INSTRUCTION A MEMBER OF THE COAST GUARD MAY PERSONALLY ARRANGE WITH A COMMERCIAL TRANSPORTER FOR THE TRANSPORTATION OF HIS HOUSEHOLD TRAILER (1) WHEN HE NO LONGER WILL BE IN A PAY STATUS, THAT IS, UPON HIS DISCHARGE, RESIGNATION, OR SEPARATION FROM ACTIVE DUTY, OR (2) IN UNUSUAL CASES SUCH AS THAT DESCRIBED IN THE ABOVE-QUOTED PARAGRAPH 4B OF THE INSTRUCTION. ALSO, ANY CLAIM BY SUCH MEMBER FOR REIMBURSEMENT OF THE TRANSPORTATION COSTS INCURRED MUST BE ACCOMPANIED BY EITHER THE PRIOR WRITTEN AUTHORIZATION OF THE SHIPPING OFFICER OR HIS WRITTEN APPROVAL MADE AFTER COMPLETION OF THE MOVEMENT. SINCE YOUR PAY STATUS DID NOT TERMINATE UPON YOUR DISABILITY RETIREMENT AND SINCE YOU PERSONALLY ARRANGED FOR THE MOVEMENT OF YOUR HOUSEHOLD TRAILER THROUGH A COMMERCIAL FIRM--- THE FIRM WHICH SOLD YOU THAT HOUSEHOLD TRAILER--- PAYMENT OF THE TRAILER ALLOWANCE AT THE MAXIMUM RATE OF 51 CENTS PER MILE AS PRESCRIBED BY PARAGRAPH M10004 -3 OF THE JOINT TRAVEL REGULATIONS (EFFECTIVE AUGUST 7, 1964) IS PRECLUDED IN THE ABSENCE OF THE APPROPRIATE SHIPPING OFFICER'S ADVANCE WRITTEN AUTHORIZATION FOR SUCH MOVEMENT OR HIS WRITTEN APPROVAL BASED UPON A DETERMINATION THAT YOUR CASE WAS CONSIDERED TO BE UNUSUAL BY REASON OF SPECIAL CIRCUMSTANCES.

THE COPY OF THE SALES ORDER FURNISHED BY YOUR WIFE IN CONJUNCTION WITH THE COPY OF THE RETAIL INSTALLMENT CONTRACT PREVIOUSLY FURNISHED BY YOU WILL BE CONSIDERED TO MEET THE REQUIREMENTS OF PARAGRAPH B10B02 3B OF THE U.S. COAST GUARD TRAVEL MANUAL (CG-265) WHICH PROVIDES THAT A BILL, RECEIPT, COPY OF THE BILL OF LADING OR SIMILAR DOCUMENT MAY SERVE AS EVIDENCE OF TRANSPORTATION OF THE HOUSEHOLD TRAILER BY COMMERCIAL MEANS. THEREFORE AND IN VIEW OF PARAGRAPH M10006 OF THE JOINT TRAVEL REGULATIONS WHICH LIMITS REIMBURSEMENT TO A MEMBER OTHERWISE ELIGIBLE FOR A TRAILER ALLOWANCE TO 11 CENTS PER MILE FOR THE AUTHORIZED DISTANCE IN CASES WHERE HE CONTRACTS WITH A COMMERCIAL TRANSPORTER WITHOUT PRIOR AUTHORIZATION OR SUBSEQUENT APPROVAL, WE ARE INSTRUCTING OUR CLAIM DIVISION TO ALLOW TO YOU THE TRAILER ALLOWANCE AT THAT RATE FOR THE HIGHWAY DISTANCE BETWEEN MAYPORT AND AUBURN.