B-163344, AUG. 12, 1970

B-163344, AUG. 12, 1970

TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS DECISION TO SERVICE MEMBER OF THE AIR FORCE SUSTAINING DISALLOWANCE SETTLEMENT OF AUGUST 31, 1967, FOR REIMBURSEMENT OF THE COST OF THE SHIPMENT OF HOUSEHOLD GOODS FROM NASHWAUK, MINN., TO IRAKLION, CRETE. AIR FORCE MEMBER WHO, UPON ASSIGNMENT OVERSEAS, WAS ADVISED THAT HE COULD SHIP PORTION OF HIS PERSONAL EFFECTS TO DESIGNATED LOCATION WHERE HIS DEPENDENTS WERE AWAITING TRAVEL AUTHORIZATION AND WHO LATER SHIPPED GOODS AT PERSONAL EXPENSE TO OVERSEAS STATION MAY NOT BE ALLOWED REIMBURSEMENT FOR TRANSPORTATION EXPENSES SINCE ELECTION TO SHIP EFFECTS TO DESIGNATED LOCATION EXTINGUISHED RIGHT TO FURTHER TRANSPORTATION OF EFFECTS AT GOVERNMENT EXPENSE.

TO TECHNICAL SERGEANT DONALD W. SMITH:

AS REQUESTED IN YOUR LETTER OF JUNE 5, 1970, WE HAVE REVIEWED THE SETTLEMENT DATED AUGUST 31, 1967, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF THE SHIPMENT OF YOUR HOUSEHOLD GOODS FROM NASHWAUK, MINNESOTA, TO IRAKLION, CRETE.

BY SPECIAL ORDER NO. A-4, DATED JANUARY 4, 1965, HEADQUARTERS, CONTINENTAL AIR COMMAND, UNITED STATES AIR FORCE, ROBINS AIR FORCE BASE, GEORGIA, YOU WERE TRANSFERRED ON PERMANENT CHANGE OF STATION FROM BOLLING AIR FORCE BASE, WASHINGTON, D.C., TO THE 6931ST SECURITY GROUP (USAFSS), IRAKLION, CRETE. YOU WERE DIRECTED TO DEPART FROM WASHINGTON, D.C., NOT LATER THAN FEBRUARY 26, 1965.

THE ORDERS SHOW THAT YOU HAD ELECTED THE "WITH DEPENDENTS" OVERSEAS TOUR OF DUTY. CONCURRENT TRAVEL OF YOUR DEPENDENTS, HOWEVER, WAS NOT AUTHORIZED AND YOU WERE ADVISED IN THE ORDERS THAT SHIPMENT OF HOUSEHOLD GOODS TO A DESIGNATED LOCATION WAS AUTHORIZED SUBJECT TO THE RESTRICTIONS SET FORTH IN PARAGRAPH 5133, AIR FORCE MANUAL 75-4. SUBSEQUENTLY, ON MARCH 10, 1965, THE ORDERS WERE AMENDED TO PROVIDE AUTHORIZATION FOR THE TRAVEL OF DEPENDENTS TO A DESIGNATED LOCATION.

BY SPECIAL ORDER T-61, DATED APRIL 1, 1965, HEADQUARTERS 6931ST SECURITY GROUP, YOUR DEPENDENTS WERE AUTHORIZED TO PROCEED FROM NASHWAUK, MINNESOTA, TO IRAKLION ON OR AFTER JUNE 1, 1965. THOSE ORDERS STATED THAT DEPENDENTS WERE NOT AUTHORIZED TO TRAVEL TO A DESIGNATED LOCATION AND THAT THE ANTICIPATED DELAY FOR MOVEMENT OF DEPENDENTS AS ORIGINALLY FURNISHED BY THE OVERSEAS COMMANDER WAS LESS THAN 20 WEEKS. ADDITIONALLY THE ORDERS AUTHORIZED THE SHIPMENT AT GOVERNMENT EXPENSE OF YOUR PRIVATELY OWNED VEHICLE AND HOUSEHOLD GOODS. ON MAY 7, 1965, THE ORDERS WERE AMENDED TO READ THAT DEPENDENTS WERE AUTHORIZED TRAVEL TO A DESIGNATED LOCATION.

UNDER THE AUTHORITY OF THE ORDERS OF JANUARY 4, 1965, AND PURSUANT TO YOUR APPLICATION DATED JANUARY 13, 1965, ONE LOT OF YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS OF THE GROSS WEIGHT OF 1,560 POUNDS WAS PICKED UP AT BOLLING AIR FORCE BASE ON FEBRUARY 1, 1965, AND DELIVERED TO NASHWAUK ON OR ABOUT FEBRUARY 10, 1965, AT GOVERNMENT EXPENSE. ALSO, ANOTHER LOT OF YOUR HOUSEHOLD GOODS OF THE GROSS WEIGHT OF 2,460 POUNDS WAS PLACED IN STORAGE IN WASHINGTON, D.C., AND ON OR ABOUT APRIL 26, 1965, THIS LOT WAS PICKED UP FOR SHIPMENT TO IRAKLION.

WHEN YOUR DEPENDENTS RECEIVED THE AUTHORIZATION TO TRAVEL TO CRETE, YOUR WIFE APPLIED FOR SHIPMENT OF HOUSEHOLD GOODS AND UNACCOMPANIED BAGGAGE FROM NASHWAUK TO CRETE. SHE WAS ADVISED THAT THE AMENDED ORDER OF JANUARY 4, 1965, AUTHORIZED ONLY DEPENDENTS' TRAVEL AND THAT IT DID NOT SERVE AS AUTHORITY FOR THE SHIPMENT OF THE HOUSEHOLD GOODS AND BAGGAGE FROM NASHWAUK TO CRETE. SHE WAS FURTHER ADVISED THAT SINCE THE ORDERS OF APRIL 1, 1965, SPECIFIED THAT THE WAITING PERIOD FOR HER TO JOIN YOU WAS LESS THAN 20 WEEKS, YOUR ENTITLEMENT TO SHIP THE INVOLVED HOUSEHOLD GOODS UNDER YOUR ORDERS HAD BEEN EXHAUSTED BY THE SHIPMENT FROM WASHINGTON, D.C., TO NASHWAUK AND THAT UNDER APPLICABLE REGULATIONS ARRANGEMENTS COULD BE MADE TO SHIP SUCH HOUSEHOLD GOODS TO CRETE ONLY AT YOUR EXPENSE. LATER SHE WAS ADVISED THAT UNDER THE REGULATIONS THE AIR FORCE COULD NOT MOVE THE HOUSEHOLD GOODS TO CRETE SUBJECT TO COST REIMBURSEMENT BY YOU AND THAT SHE WOULD HAVE TO MAKE ARRANGEMENTS WITH A COMMERCIAL MOVER FOR SUCH MOVEMENT AT PERSONAL EXPENSE. SHE SHIPPED THE GOODS AND UNACCOMPANIED BAGGAGE TO CRETE AT PERSONAL EXPENSE AT A COST OF $694.81.

IN A LETTER DATED DECEMBER 8, 1965, TO THIS OFFICE YOU ADVISED THAT YOU WERE INSTRUCTED BY THE TRANSPORTATION OFFICER, BOLLING AIR FORCE BASE, WASHINGTON, D.C., TO BREAK THE HOUSEHOLD GOODS AND PERSONAL THINGS INTO TWO SEPARATE GROUPS, ONE GROUP TO CONSIST OF ALL THE PERSONAL EFFECTS NEEDED BY YOUR FAMILY PENDING THE ISSUANCE OF ORDERS MOVING THEM OVERSEAS AND THE OTHER GROUP TO CONSIST OF THE REMAINING PERSONAL EFFECTS AND HOUSEHOLD GOODS THAT WOULD BE NEEDED OVERSEAS AND WERE TO BE PUT IN TEMPORARY STORAGE AT CAMERON STATION, VIRGINIA, PENDING THE ISSUANCE OF ORDERS BY THE 6931ST SECURITY GROUP, APO 09291, AND THEN SHIPPED DIRECT TO THE GAINING ORGANIZATION.

YOU SAID IN YOUR LETTER THAT UPON BEING INFORMED BY YOUR SPONSOR AT IRAKLION THAT THOSE INSTRUCTIONS MIGHT BE INCORRECT, YOU MADE FURTHER INQUIRIES AT THE TRANSPORTATION MANAGEMENT OFFICE, BOLLING AIR FORCE BASE, AS TO THEIR CORRECTNESS AND WERE ASSURED THAT NO DIFFICULTY WOULD ARISE SINCE THE PERSONAL EFFECTS YOU WERE SHIPPING TO NASHWAUK WOULD BE MOVED UNDER YOUR JANUARY 4, 1965, ORDERS AND THE FURTHER MOVEMENT OF SUCH EFFECTS FROM NASHWAUK WOULD BE EFFECTED ON ORDERS TO BE PUBLISHED BY THE 6931ST SECURITY GROUP AT A LATER DATE. YOU URGED THAT YOU SHOULD BE REIMBURSED FOR THE COST OF THE SHIPMENT TO CRETE, $694.81, BECAUSE THE EXPENSE WAS INCURRED THROUGH MISINTERPRETATION OF AIR FORCE DIRECTIVES AND/OR POLICIES BY THE AUTHORITIES AT BOLLING AIR FORCE BASE.

OUR CLAIMS DIVISION DISALLOWED THE CLAIM BY THE SETTLEMENT DATED AUGUST 31, 1967, ON THE GROUND THAT, AS EXPLAINED IN THE SETTLEMENT, THERE IS NO BASIS UNDER THE LAW AND REGULATIONS FOR REIMBURSEMENT OF THE COST OF THE SHIPMENT FROM NASHWAUK TO CRETE. YOUR REQUEST FOR REVIEW OF THE SETTLEMENT AS CONTAINED IN YOUR LETTER OF JUNE 5, 1970, IS BASED UPON STATEMENTS CONTAINED IN A LETTER DATED MARCH 12, 1970, FROM THE CHIEF, PASSENGER AND PERSONAL PROPERTY DIVISION, DIRECTORATE OF TRANSPORTATION, HEADQUARTERS UNITED STATES AIR FORCE, TO THIS OFFICE.

SECTION 406 OF TITLE 37, U.S.C.PROVIDES FOR THE TRANSPORTATION (INCLUDING PACKING AND CRATING) OF BAGGAGE AND HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES AND FOR THE NONTEMPORARY STORAGE OF BAGGAGE AND HOUSEHOLD EFFECTS IN FACILITIES OF THE UNITED STATES, OR IN COMMERCIAL FACILITIES WHEN IT IS CONSIDERED TO BE MORE ECONOMICAL TO THE UNITED STATES.

PARAGRAPH M8253-2C OF THE JOINT TRAVEL REGULATIONS (CHANGE 144, JANUARY 1, 1965, IN EFFECT AT THE TIME HERE INVOLVED), PROVIDES THAT WHEN A MEMBER IS ORDERED TO AN OVERSEAS STATION AND TRANSPORTATION OF DEPENDENTS, SHIPMENT OF HOUSEHOLD GOODS, OR BOTH, IS PROHIBITED AT THAT TIME BUT THE MEMBER IS ADVISED IN WRITING THAT SUCH TRANSPORTATION WILL BE AUTHORIZED WITHIN 20 WEEKS, THAT PORTION OF THE AUTHORIZED WEIGHT ALLOWANCE WHICH THE MEMBER INDICATES WILL BE MOVED EVENTUALLY TO THE OVERSEAS STATION MAY BE PLACED IN STORAGE UNDER THE PROVISIONS OF PARAGRAPH M8101 OF THE REGULATIONS AND THE REMAINING WEIGHT ALLOWANCE MAY BE SHIPPED FOR THE DURATION OF THE CURRENT OVERSEAS ASSIGNMENT TO SUCH LOCATION WITHIN THE UNITED STATES AS MAY BE DESIGNATED BY THE MEMBER CONCERNED, OR PLACED IN STORAGE UNDER THE PROVISIONS OF THE AFOREMENTIONED PARAGRAPH M8101.

IN LINE WITH THOSE PROVISIONS, PARAGRAPH 5133, AIR FORCE MANUAL 75 4D, DATED JULY 30, 1964, PROVIDES WITH RESPECT TO ASSIGNMENTS TO OVERSEAS DUTY THAT WHEN CONCURRENT TRAVEL OF DEPENDENTS TO AN OVERSEAS STATION IS AUTOMATIC, OR WHEN THE DEPENDENTS MAY JOIN THE MEMBER WITHIN 20 WEEKS, AND THE MEMBER ELECTS TO SHIP HOUSEHOLD GOODS OR BAGGAGE TO A DESIGNATED LOCATION AT GOVERNMENT EXPENSE, SUCH SHIPMENT WILL EXHAUST ALL ENTITLEMENT TO SHIPMENT OF THE SAME PROPERTY AT GOVERNMENT EXPENSE DURING THE CURRENT STATION ASSIGNMENT. WHEN, IN SUCH CASES, THE MEMBER ELECTS TO SHIP HOUSEHOLD GOODS OR BAGGAGE TO A DESIGNATED LOCATION AT PERSONAL EXPENSE, ANY SUBSEQUENT ENTITLEMENT TO SHIPMENT OF HOUSEHOLD GOODS OR BAGGAGE TO THE OVERSEA DUTY STATION DURING THE CURRENT CHANGE OF STATION ASSIGNMENT WILL BE MEASURED BETWEEN THE LAST CONUS DUTY STATION AND THE CURRENT OVERSEA DUTY STATION.

UNDER YOUR ORDERS AND PARAGRAPH M8253-2C OF THE JOINT TRAVEL REGULATIONS YOU WERE AUTHORIZED TO PLACE IN STORAGE A PORTION OF YOUR HOUSEHOLD GOODS WITHIN THE AUTHORIZED WEIGHT ALLOWANCE FOR EVENTUAL MOVEMENT TO YOUR OVERSEA DUTY STATION AND TO SHIP THE OTHER PORTION REPRESENTING THE REMAINING WEIGHT ALLOWANCE TO A DESIGNATED LOCATION WITHIN THE UNITED STATES. SINCE YOU ELECTED TO SHIP PART OF YOUR HOUSEHOLD GOODS AND BAGGAGE TO NASHWAUK AT GOVERNMENT EXPENSE, YOUR ENTITLEMENT TO A FURTHER SHIPMENT OF THOSE GOODS AND BAGGAGE OR A PORTION THEREOF AT GOVERNMENT EXPENSE WAS PRECLUDED BY PARAGRAPH 5133, AIR FORCE MANUAL 75-4D, UNTIL YOUR RECEIPT OF NEW PERMANENT CHANGE-OF STATION ORDERS.

IT IS UNFORTUNATE THAT YOU MAY HAVE BEEN MISINFORMED BY PERSONNEL IN THE BOLLING AIR FORCE BASE TRANSPORTATION MANAGEMENT OFFICE AND LED TO BELIEVE THAT ONE LOT OF YOUR GOODS COULD BE SHIPPED TO NASHWAUK AT GOVERNMENT EXPENSE AND LATER RESHIPPED TO YOUR OVERSEA DUTY STATION AT SUCH EXPENSE UPON ORDERS AUTHORIZING THE MOVEMENT OF YOUR DEPENDENTS THERETO. HOWEVER, SUCH FACT DOES NOT SERVE AS A BASIS FOR ALLOWANCE OF YOUR CLAIM.

IN HIS LETTER OF MARCH 12, 1970, THE CHIEF, PASSENGER AND PERSONAL PROPERTY DIVISION, DIRECTORATE OF TRANSPORTATION, HAS QUOTED PARAGRAPH M8253-2C OF THE JOINT TRAVEL REGULATIONS AND CONTENDS THAT THERE IS NOTHING IN THAT PARAGRAPH OR AIR FORCE MANUAL 75-4 TO PRECLUDE THE SHIPMENT AT GOVERNMENT EXPENSE OF UNACCOMPANIED BAGGAGE AS PART OF YOUR HOUSEHOLD GOODS SHIPMENT TO NASHWAUK AND FROM THAT PLACE TO YOUR OVERSEA DUTY STATION AS A SEPARATE SHIPMENT. HE THEREFORE EXPRESSES THE BELIEF THAT YOU ARE ENTITLED TO REIMBURSEMENT FOR THE EXPENSE INCURRED IN CONNECTION WITH THAT PART OF THE SHIPMENT OF YOUR HOUSEHOLD GOODS FROM NASHWAUK TO IRAKLION WHICH, UPON REVIEW OF THE COMMERCIAL DOCUMENTS COVERING THE SHIPMENT, REPRESENTS "UNACCOMPANIED BAGGAGE" WITHIN THE INTENT OF PARAGRAPH 5503, AIR FORCE MANUAL 75-4D. PARAGRAPH 5503 DESCRIBES AND NAMES WHAT PERSONAL PROPERTY ITEMS MAY OR MAY NOT BE INCLUDED AS UNACCOMPANIED BAGGAGE.

BASED ON DEPARTMENT OF DEFENSE JOINT DETERMINATION 55-66, DATED JUNE 14, 1966, PARAGRAPH M8253-2C OF THE JOINT TRAVEL REGULATIONS WAS AMENDED BY CHANGE 164, DATED SEPTEMBER 1, 1966, BY THE ADDITION OF THE FOLLOWING TWO SENTENCES:

"IN ADDITION, TRANSPORTATION OF UNACCOMPANIED BAGGAGE (SEE PAR. M8000 11) AT GOVERNMENT EXPENSE IS AUTHORIZED FROM THE OLD PERMANENT STATION TO THE DESIGNATED LOCATION, AND SUBSEQUENTLY FROM THE DESIGNATED LOCATION TO THE OVERSEAS STATION. WHEN THE TOTAL OF THE WEIGHT SHIPPED AS UNACCOMPANIED BAGGAGE, TOGETHER WITH THE WEIGHT OF THE HOUSEHOLD GOODS SHIPPED AND/OR STORED PURSUANT TO THIS SUBPARAGRAPH, EXCEEDS THE MEMBER'S PRESCRIBED WEIGHT ALLOWANCE, THE COST OF TRANSPORTING THE EXCESS WEIGHT IS TO BE BORNE BY THE MEMBER."

WHILE THE CHANGE TO THE REGULATIONS APPARENTLY IS INTENDED TO AUTHORIZE THE SHIPMENT AT GOVERNMENT EXPENSE TO AN OVERSEAS STATION OF A MEMBER'S UNACCOMPANIED BAGGAGE WHICH HAD BEEN SHIPPED AT SUCH EXPENSE TO HIS DESIGNATED STATION, THE CHANGE WAS ISSUED AND PUBLISHED SUBSEQUENT TO THE DATE OF THE SHIPMENT OF YOUR HOUSEHOLD GOODS FROM NASHWAUK TO IRAKLION. SINCE THE CHANGE IS NOT RETROACTIVE IT APPLIES ONLY IN THE CASE OF SHIPMENTS MADE ON OR AFTER JUNE 14, 1966, THE DATE OF THE ABOVE-MENTIONED JOINT DETERMINATION. SEE 44 COMP. GEN. 102, 104 (1964), COPY ENCLOSED. THE SHIPMENT OF YOUR HOUSEHOLD GOODS INCLUDING UNACCOMPANIED BAGGAGE FROM NASHWAUK TO IRAKLION WAS MADE IN OCTOBER 1965, AND HENCE, THE CHANGE TO THE REGULATION IS NOT FOR APPLICATION IN YOUR CASE.

INASMUCH AS NO LEGAL BASIS EXISTS FOR THE ALLOWANCE OF YOUR CLAIM THE SETTLEMENT OF AUGUST 31, 1967, MUST BE AND IS SUSTAINED.