B-162663, DEC. 29, 1967

B-162663, DEC. 29, 1967

TRANSPORTATION - HOUSEHOLD EFFECTS - MILITARY PERSONNEL MOBILE HOME DECISION TO AIR FORCE ENLISTED MEMBER ON APPEAL OF DISALLOWANCE OF CLAIM FOR REIMBURSEMENT FOR SHIPMENT OF HOUSEHOLD EFFECTS IN MOBILE HOME FROM TOPEKA, KANS., TO MCCHORD AIR FORCE BASE, WASHINGTON. MEMBER OF UNIFORMED SERVICES WHO, AFTER REQUESTING RETURN OF TRAILER FOR SHIPMENT BY RAIL WHEN IT WAS STOPPED ENROUTE BECAUSE WEIGHT EXCEEDED WEIGHT PERMIT OF DRIVER, HAD EFFECTS MOVED BY TRACTOR WITH HIGHER WEIGHT PERMIT AND WHO THEN BECAUSE OF SUBSEQUENT BREAKDOWN HAD EFFECTS SHIPPED BY VAN AT EXCESS COST MAY HAVE SHIPMENT REGARDED AS IMPROPER UNDER PARA. M10018 ALTHOUGH NOT SQUARELY WITHIN LANGUAGE OF SECTION AND THEREFORE CLAIM IS FOR ADJUSTMENT ON BASIS OF WHAT IT WOULD HAVE COST IF TRAILER HAD BEEN RETURNED AND EFFECTS SHIPPED BY RAIL.

TO TECHNICAL SERGEANT JOSEPH LIBURDI, AF 13368070:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 19, 1967, REQUESTING REVIEW OF THE SETTLEMENT OF SEPTEMBER 7, 1967, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM TOPEKA, KANSAS, TO MCCHORD AIR FORCE BASE, WASHINGTON, IN SEPTEMBER 1966.

BY SPECIAL ORDER AB-576, DATED APRIL 8, 1966, YOU WERE TRANSFERRED FROM SCOTT AIR FORCE BASE, ILLINOIS, TO 62ND MILITARY AIRLIFT WING, MAC, MCCHORD AIR FORCE BASE, WASHINGTON, EFFECTIVE AUGUST 15, 1966. AT YOUR REQUEST, ARRANGEMENTS WERE MADE WITH MORGAN DRIVE-AWAY CO., INC., FOR TRANSPORTATION OF YOUR MOBILE HOME FROM SCOTT AIR FORCE BASE TO MCCHORD AIR FORCE BASE AT GOVERNMENT EXPENSE. UPON ARRIVAL OF THE MOBILE HOME AT ST. CHARLES, MISSOURI, ITS MOVEMENT WAS STOPPED BY THE MISSOURI STATE POLICE BECAUSE THE WEIGHT OF THE HOME EXCEEDED THE WEIGHT PERMIT CARRIED BY THE DRIVER. UPON BEING ADVISED OF THIS FACT, YOU, THROUGH YOUR AGENT, REQUESTED THAT THE HOME BE RETURNED TO SCOTT AIR FORCE BASE FOR SHIPMENT BY RAIL. INSTEAD OF COMPLYING WITH THE REQUEST, THE TRANSPORTATION AUTHORITIES AT SCOTT AIR FORCE BASE AUTHORIZED ITS CONTINUED HIGHWAY MOVEMENT BY A TRACTOR WITH A HIGHER WEIGHT PERMIT.

A BREAKDOWN OF YOUR MOBILE HOME OCCURRED AT TOPEKA, KANSAS. AS A RESULT OF THIS BREAKDOWN, THE SCOTT AIR FORCE BASE TRANSPORTATION AUTHORITIES, WITHOUT CONTACTING YOU, AUTHORIZED THE REMOVAL OF YOUR HOUSEHOLD GOODS FROM THE HOME AND THEIR SHIPMENT BY VAN FROM THAT POINT TO YOUR NEW STATION AT A COST TO YOU OF $1,085.74. YOU SAY YOU BORROWED THIS SUM FROM AIR FORCE AID IN ORDER TO PAY THE BILL AND ARE REPAYING IT AT THE RATE OF $40 PER MONTH. AFTER THE REPAIRS WERE MADE TO THE MOBILE HOME IT WAS TRANSPORTED THE REMAINING DISTANCE TO YOUR NEW STATION.

IN THE SETTLEMENT MENTIONED ABOVE, IT WAS STATED THAT PARAGRAPH M8016-5B OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN A HOUSE TRAILER IS BEING TRANSPORTED BY A COMMERCIAL CARRIER UNDER GOVERNMENT BILL OF LADING AND BREAKDOWN, DAMAGE OR DESTRUCTION OF THE TRAILER OCCURS WHILE EN ROUTE TO THE AUTHORIZED DESTINATION, SHIPMENT OF HOUSEHOLD GOODS IS AUTHORIZED, NOT TO EXCEED THE COST WHICH WOULD HAVE BEEN PAYABLE BY THE GOVERNMENT UNDER PARAGRAPH M10004 OF THE REGULATIONS AS TRAILER ALLOWANCE, LESS THE COST TO THE GOVERNMENT FOR TRANSPORTATION OF THE HOUSE TRAILER TO POINT OF BREAKDOWN; THAT THE TRAILER ALLOWANCE UNDER PARAGRAPH M10004 WAS $0.51 PER MILE, AND THAT SINCE THE COST INCURRED IN HAULING YOUR MOBILE HOME FROM SCOTT AIR FORCE BASE TO MCCHORD AIR FORCE BASE WAS IN EXCESS OF THE TRAILER ALLOWANCE, THERE IS NO BASIS FOR PAYMENT OF YOUR CLAIM.

PARAGRAPH M8016-5B OF THE REGULATIONS, HOWEVER, APPARENTLY CONTEMPLATES A CASE WHERE NO FURTHER MOVEMENT OF THE TRAILER BY COMMERCIAL CARRIER BEYOND THE POINT OF BREAKDOWN IS INVOLVED. SEE 44 COMP. GEN. 809. IN ANY EVENT, IT DOES NOT EXTEND TO A CASE WHERE THE SEPARATE SHIPMENT OF HOUSEHOLD EFFECTS IS OCCASIONED BY THE COMMERCIAL CARRIER'S NEED TO REDUCE THE WEIGHT OF THE TRAILER SO THAT IT MAY COMPLY WITH ITS LINE HAUL CONTRACT. IT IS CONSIDERED, THEREFORE, THAT THE ACTION OF THE TRANSPORTATION AUTHORITIES IN AUTHORIZING THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS FOR SUCH PURPOSE INSTEAD OF COMPLYING WITH YOUR REQUEST THAT YOUR MOBILE HOME BE RETURNED FROM ST. CHARLES, MISSOURI, TO SCOTT AIR FORCE BASE FOR POSSIBLE SHIPMENT BY RAIL WAS AN IMPROPER SHIPMENT AND WAS MADE WITHOUT FAULT ON YOUR PART.

PARAGRAPH M8012 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN HOUSEHOLD GOODS WITHIN PRESCRIBED WEIGHT ALLOWANCE HAVE BEEN IMPROPERLY SHIPPED THROUGH NO FAULT OF THE OWNER THEY MAY BE FORWARDED TO THE PROPER DESTINATION AT GOVERNMENT EXPENSE. PARAGRAPH M10018 OF THE REGULATIONS CONTAINS SIMILAR PROVISIONS REGARDING THE IMPROPER MOVEMENT OF A TRAILER. WHILE YOUR CASE DOES NOT COME SQUARELY WITHIN THE LITERAL LANGUAGE OF THOSE PROVISIONS WE BELIEVE IT IS SUFFICIENTLY ANALOGOUS TO THE SITUATIONS CONTEMPLATED BY THE PROVISIONS TO BRING IT WITHIN THEIR PURPOSE AND INTENT. ACCORDINGLY, YOU ARE ENTITLED TO REIMBURSEMENT FOR THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS.

YOUR TRAILER AND HOUSEHOLD EFFECTS, HOWEVER, WERE DELIVERED TO YOU AT YOUR STATION AND IT IS OUR VIEW, THEREFORE, THAT YOUR ACCOUNT IS FOR ADJUSTMENT ON THE BASIS OF WHAT IT WOULD HAVE COST THE GOVERNMENT IF YOUR TRAILER HAD BEEN RETURNED TO SCOTT AIR FORCE BASE FROM ST. CHARLES, MISSOURI, AND SHIPPED BY RAIL IN ACCORDANCE WITH YOUR REQUEST. THE HIGHWAY CARRIER'S LINE HAUL CHARGE IN YOUR CASE WAS $0.71 PER MILE AND BASED ON A ONE-WAY DISTANCE OF 40 MILES IT WOULD HAVE COST $56.80 ($0.71 X 80) FOR THE ROUND TRIP BETWEEN SCOTT AIR FORCE BASE AND ST. CHARLES. THE COST OF RAIL SHIPMENT FROM SCOTT AIR FORCE BASE TO MCCHORD AIR FORCE BASE WOULD HAVE BEEN $1,802.39. THE TOTAL OF THESE CHARGES OR $1,859.19, LESS THE TRAILER ALLOWANCE OF $1,230.12 ($0.51 PER MILE FOR 2,412 COMMON CARRIER MILES) OR $629.07, WOULD HAVE BEEN CHARGEABLE TO YOU AND IS PROPERLY FOR DEDUCTION FROM THE AMOUNT DUE AS REIMBURSEMENT FOR THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS.

ACCORDINGLY, A SETTLEMENT IN YOUR FAVOR FOR $456.67 ($1,085.74 LESS $629.07) WILL ISSUE IN DUE COURSE.