B-157908, DEC. 15, 1965

B-157908: Dec 15, 1965

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

RA 11 195 626: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 2. YOU WERE STATIONED AT FORT HOOD. YOUR LEGAL RESIDENCE AND HOME OF RECORD WAS FAIRBANKS. YOU WERE ASSIGNED TO HEADQUARTERS. YOUR DEPENDENTS WERE DENIED CONCURRENT TRAVEL OVERSEAS. WHICH APPARENTLY IS THE NORTHERNMOST POINT IN CONTINENTAL UNITED STATES ON THE ROUTE FROM FORT HOOD TO FAIRBANKS. THE TRAILER WAS THEN SHIPPED FROM SWEETGRASS TO FAIRBANKS PURSUANT TO ARRANGEMENTS YOU MADE WITH A PRIVATE TRANSPORTER. THAT IT WAS DELIVERED AT FAIRBANKS NEAR THE END OF THAT MONTH. YOUR CLAIM IS FOR 51 CENTS PER MILE FOR THAT TRAVEL. A RIGHT TO THE TRANSPORTATION OF A TRAILER AT GOVERNMENT EXPENSE IS CONTINGENT UPON THE EXISTENCE OF A CORRESPONDING RIGHT TO THE SHIPMENT OF HOUSEHOLD EFFECTS.

B-157908, DEC. 15, 1965

SP5 CHARLES H. COWLES, RA 11 195 626:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 2, 1965, REQUESTING A REVIEW OF OUR SETTLEMENT DATED JUNE 28, 1965, WHICH DISALLOWED YOUR CLAIM FOR $1,162.29 AS TRAILER ALLOWANCE IN CONNECTION WITH THE SHIPMENT OF YOUR HOUSE TRAILER FROM SWEETGRASS, MONTANA, TO FAIRBANKS, ALASKA, PURSUANT TO ORDERS DATED JULY 8, 1964.

IN JANUARY 1964, YOU WERE STATIONED AT FORT HOOD, TEXAS, AND YOUR LEGAL RESIDENCE AND HOME OF RECORD WAS FAIRBANKS, ALASKA. AT THAT TIME YOUR FAMILY RETURNED TO ALASKA TO PROTECT THE HEALTH OF YOUR SON, AS YOU SAY DOCTORS HAD RECOMMENDED THAT A COOLER CLIMATE THAN THAT OF TEXAS BE PROVIDED. BY SPECIAL ORDERS NO. 190, HEADQUARTERS 2D ARMORED DIVISION, FORT HOOD, TEXAS, DATED JULY 8, 1964, YOU WERE ASSIGNED TO HEADQUARTERS, 98TH GENERAL HOSPITAL, APO 09034, NEW YORK, A PERMANENT CHANGE OF STATION. YOUR DEPENDENTS WERE DENIED CONCURRENT TRAVEL OVERSEAS, AND WITH THE INTENT OF PROVIDING THEM WITH MORE ADEQUATE HOUSING IN FAIRBANKS YOU REQUESTED AND RECEIVED SHIPMENT OF YOUR TRAILER TO SWEETGRASS, MONTANA, WHICH APPARENTLY IS THE NORTHERNMOST POINT IN CONTINENTAL UNITED STATES ON THE ROUTE FROM FORT HOOD TO FAIRBANKS. THE TRAILER WAS THEN SHIPPED FROM SWEETGRASS TO FAIRBANKS PURSUANT TO ARRANGEMENTS YOU MADE WITH A PRIVATE TRANSPORTER. YOU SAY THE TRAILER LEFT SWEETGRASS SOMETIME AFTER AUGUST 7, 1964, AND THAT IT WAS DELIVERED AT FAIRBANKS NEAR THE END OF THAT MONTH. YOUR CLAIM IS FOR 51 CENTS PER MILE FOR THAT TRAVEL.

SECTION 409 OF TITLE 37, U.S.C. AS AMENDED BY THE ACT OF AUGUST 7, 1964, 78 STAT. 383, PROVIDES THAT 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 OTHERWISE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD GOODS UNDER SECTION 406 OF THAT TITLE MAY TRANSPORT A HOUSE TRAILER OR MOBILE DWELLING WITHIN THE CONTINENTAL UNITED STATES, WITHIN ALASKA, OR BETWEEN THE CONTINENTAL UNITED STATES AND ALASKA, FOR USE AS A RESIDENCE. THEREFORE, A RIGHT TO THE TRANSPORTATION OF A TRAILER AT GOVERNMENT EXPENSE IS CONTINGENT UPON THE EXISTENCE OF A CORRESPONDING RIGHT TO THE SHIPMENT OF HOUSEHOLD EFFECTS. SEE PARAGRAPH M10002, JOINT TRAVEL REGULATIONS.

REGULATIONS GOVERNING ENTITLEMENT TO SHIPMENT OF HOUSEHOLD EFFECTS UNDER 37 U.S.C. 406 ARE SET FORTH IN CHAPTER 8 OF THE JOINT TRAVEL REGULATIONS. PARAGRAPH M8253 OF THOSE REGULATIONS PROVIDES THAT WHEN A MEMBER IS ORDERED ON PERMANENT CHANGE OF STATION TO AN OVERSEAS STATION WHERE DEPENDENTS ARE NOT PERMITTED TO ACCOMPANY HIM HIS HOUSEHOLD GOODS MAY BE PLACED IN STORAGE OR SHIPPED TO ANY PLACE HE MAY DESIGNATE WITHIN THE UNITED STATES (WHICH FOR THAT PURPOSE INCLUDES ONLY THE 48 CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA) OR, WHERE IT IS ANTICIPATED THAT DEPENDENTS WILL NOT BE PERMITTED TO JOIN HIM WITHIN 20 WEEKS, SHIPMENT IS AUTHORIZED TO THE POINT OF ACTUAL DEPARTURE OF THE HOUSEHOLD GOODS FROM THE UNITED STATES IN CONJUNCTION WITH SHIPMENT TO A POINT OUTSIDE THE UNITED STATES DESIGNATED BY THE MEMBER OR, IF EXPRESSLY APPROVED BY THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE, TO THE PANAMA CANAL ZONE, PUERTO RICO, ALASKA, HAWAII, OR ANY TERRITORY OR POSSESSION OF THE UNITED STATES.

HAD YOU SHIPPED HOUSEHOLD EFFECTS FROM FORT HOOD TO FAIRBANKS, ALASKA, UNDER THE ORDERS OF JULY 8, 1964, YOU WOULD HAVE BEEN ENTITLED TO SUCH SHIPMENT AT GOVERNMENT EXPENSE ONLY TO THE POINT OF THEIR ACTUAL DEPARTURE FROM THE UNITED STATES UNDER THE ABOVE-CITED REGULATIONS IN THE ABSENCE OF AN EXPRESS APPROVAL FOR THE SHIPMENT TO FAIRBANKS BY THE SECRETARY OF THE ARMY OR HIS DESIGNATED REPRESENTATIVE. CONSEQUENTLY, SINCE THE RIGHT TO TRAILER TRANSPORTATION AT GOVERNMENT EXPENSE IS CONTINGENT UPON THE EXISTENCE OF A CORRESPONDING RIGHT TO TRANSPORTATION OF HOUSEHOLD EFFECTS, IT IS CONCLUDED THAT IN THE ABSENCE OF SUCH AN APPROVAL FOR TRANSPORTATION OF YOUR TRAILER TO ALASKA NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM FOR THE TRANSPORTATION OF THE TRAILER BETWEEN SWEETGRASS AND FAIRBANKS. ACCORDINGLY, ON THE PRESENT RECORD THE SETTLEMENT OF JUNE 28, 1965, IS SUSTAINED FOR THE FOREGOING REASONS.