B-158509, MAR. 22, 1966

B-158509, MAR. 22, 1966

TO SP 5 WALTER B. COUSINS:

FURTHER REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 5 AND 20, 1966, IN EFFECT REQUESTING REVIEW OF THAT PART OF THE SETTLEMENT OF OCTOBER 28, 1965, WHICH LIMITED TRAILER ALLOWANCE FOR MOVING YOUR HOUSE TRAILER FROM ALDERSON, WEST VIRGINIA, TO HAMPTON, VIRGINIA, TO THE SUM OF $33.66.

THE SETTLEMENT ALSO ALLOWED $36.72 AS REIMBURSEMENT ON A MILEAGE BASIS FOR TRAVEL OF YOUR DEPENDENTS BETWEEN THE SAME POINTS, OR A TOTAL OF $70.38. THE TRAVEL OF YOUR DEPENDENTS AND MOVEMENT OF THE TRAILER WERE INCIDENT TO PARAGRAPH 1, SPECIAL ORDERS NO. 195, DATED SEPTEMBER 21, 1964, WHICH RETURNED YOU TO THE UNITED STATES FROM GERMANY AND ASSIGNED YOU TO DUTY AT FORT MONROE, VIRGINIA. ON FEBRUARY 16, 1965, YOU PRESENTED A CLAIM SHOWING THAT YOUR DEPENDENTS TRAVELED FROM ALDERSON TO HAMPTON ON FEBRUARY 5 AND 6, 1965, AND THAT YOUR TRAILER WAS TRANSPORTED BETWEEN THOSE POINTS BY A COMMERCIAL HAULER AT PERSONAL EXPENSE, FEBRUARY 2 TO 9, 1965. SINCE THE RECORD SHOWS THAT A TRANSPORTATION OFFICER WAS AVAILABLE AT FORT MONROE TO ARRANGE FOR THE SHIPMENT OF YOUR TRAILER ON A GOVERNMENT BILL OF LADING AND THAT YOU WERE NOT AUTHORIZED TO ARRANGE FOR THE SHIPMENT YOURSELF, THE TRAILER ALLOWANCE WAS LIMITED TO $0.11 PER MILE.

YOU SAY YOU WERE MISINFORMED BY THE TRAVEL SECTION AT FORT MONROE AS TO MOVING THE TRAILER AT PERSONAL EXPENSE. ALSO, IN VIEW OF THE FACT THAT THE TRAILER ALLOWANCE PAID IN YOUR CASE IS LESS THAN YOU EXPECTED, YOU SAY YOU WOULD RATHER BE PAID A DISLOCATION ALLOWANCE AND THAT YOU ARE HOLDING THE CHECK PENDING FURTHER CONSIDERATION OF YOUR CLAIM.

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 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, WITHIN ALASKA, OR BETWEEN THE CONTINENTAL UNITED STATES AND ALASKA, FOR USE AS A RESIDENCE. PARAGRAPH M10002 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT ANY MEMBER OF THE UNIFORMED SERVICES (EXCEPT AVIATION CADETS) WHO WOULD OTHERWISE BE ENTITLED TO HAVE HIS HOUSEHOLD GOODS TRANSPORTED AT GOVERNMENT EXPENSE UNDER THE PROVISIONS OF THE REGULATIONS IS ENTITLED TO TRAILER ALLOWANCE AS SET FORTH IN CHAPTER 10 OF THE REGULATIONS PROVIDED THAT THE TRAILER IS TRANSPORTED FOR USE AS A RESIDENCE AT DESTINATION AND THAT THE MEMBER ELECTS TRAILER ALLOWANCE IN LIEU OF BOTH DISLOCATION ALLOWANCE IF ELIGIBLE THEREFOR, AND TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS.

PARAGRAPH M10004 OF THE REGULATIONS PROVIDES THAT AT THE REQUEST OF THE MEMBER THE GOVERNMENT WILL ARRANGE FOR TRANSPORTATION OF HIS HOUSE TRAILER BY GOVERNMENT OR COMMERCIAL MEANS AND PAY THE COSTS WITH CERTAIN EXCEPTIONS THEREIN ENUMERATED. PARAGRAPH M10005 PROVIDES THAT IN UNUSUAL CASES, SUCH AS WHEN A TRANSPORTATION OFFICER IS NOT AVAILABLE, A MEMBER WHO IS ENTITLED TO TRAILER ALLOWANCE MAY BE AUTHORIZED TO ARRANGE OR CONTRACT PERSONALLY FOR COMMERCIAL TRANSPORTATION AND RECEIVE REIMBURSEMENT FOR THE COSTS INCURRED OR THE AMOUNT WHICH WOULD BE PAYABLE UNDER PARAGRAPH M10004, WHICHEVER IS LESSER. THE MAXIMUM RATE UNDER PARAGRAPH M1004 IS $0.51 PER MILE. PARAGRAPH M10006 PROVIDES THAT A MEMBER WHO HAS HIS TRAILER TRANSPORTED AT PERSONAL EXPENSE WITHOUT AUTHORIZATION WILL BE REIMBURSED AT THE RATE OF $0.11 PER MILE. YOU WERE PAID ON THAT BASIS.

THE RECORD SHOWS, HOWEVER, THAT PRIOR TO SHIPPING YOUR TRAILER YOU INQUIRED AS TO THE RATE OF REIMBURSEMENT FOR TRAILER SHIPMENT AND WERE INFORMED THAT YOU WOULD RECEIVE UP TO $0.51 PER MILE, AND THAT YOU WERE NOT INFORMED THAT THIS RATE WOULD NOT APPLY IF YOU SHIPPED THE TRAILER YOURSELF WITHOUT PERMISSION. THUS, IT APPEARS REASONABLY ESTABLISHED THAT YOUR ELECTION TO RECEIVE THE TRAILER ALLOWANCE RATHER THAN A DISLOCATION ALLOWANCE WAS BASED ON ERRONEOUS INFORMATION THAT THE TRAILER ALLOWANCE WOULD BE TO YOUR ADVANTAGE FINANCIALLY. SINCE IT NOW APPEARS THAT YOU PREFER THE DISLOCATION ALLOWANCE, A SETTLEMENT FOR THE DIFFERENCE BETWEEN THE AMOUNT ALLOWED AS TRAILER ALLOWANCE AND THE AMOUNT DUE AS DISLOCATION ALLOWANCE WILL ISSUE IN DUE COURSE. YOU MAY NEGOTIATE THE CHECK NOW IN YOUR POSSESSION.