B-164107, AUG. 5, 1968

B-164107: Aug 5, 1968

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BARKER: REFERENCE IS MADE TO YOUR LETTER OF MARCH 14. BY THESE ORDERS YOU WERE TRANSFERRED FROM THE U.S. YOU WERE AUTHORIZED 30 DAYS' DELAY TO BE COUNTED AS LEAVE. YOU WERE AUTHORIZED 2 DAYS' TRAVEL TIME. NAVAL SUPPORT ACTIVITY REPORTED THAT YOU WERE DETACHED FROM THAT STATION ON MAY 29. IT IS REPORTED THAT YOU HAVE BEEN ON CONTINUOUS ACTIVE DUTY IN THE NAVY SINCE JUNE 14. A COPY OF AN INDIVIDUAL ORDER TO ADJUST PAY RECORD IN FILE SHOWS THAT YOUR RATING WAS CHANGED FROM YN3 (E-4) TO YN2 (E -5) EFFECTIVE JUNE 16. EXCEPT THAT FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR ADVANCEMENT TO THE NEXT HIGHER PAY GRADE AND FOR FINAL MULTIPLE COMPUTATION YOUR SERVICE IN PAY GRADE E-5 IS CONSIDERED TO DATE FROM MAY 16.

B-164107, AUG. 5, 1968

TO ALVIN E. BARKER:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 14, 1968, AND ENCLOSURES, FORWARDED TO OUR OFFICE BY THE U.S. NAVY FINANCE CENTER CONCERNING YOUR CLAIM FOR REFUND OF THE AMOUNT COLLECTED FROM YOU AS EXCESS COSTS INCURRED IN THE SHIPMENT OF HOUSEHOLD EFFECTS FROM NAPLES, ITALY, TO GAINESVILLE, FLORIDA, INCIDENT TO CHANGE OF STATION ORDERS DATED MAY 8, 1959.

BY THESE ORDERS YOU WERE TRANSFERRED FROM THE U.S. NAVAL SUPPORT ACTIVITY, NAVY NO. 510 (CINCSOUTH), TO THE U.S.S. AVENGE (MSO 423), AT CHARLESTON, SOUTH CAROLINA, TO REPORT NOT LATER THAN JULY 5, 1959. YOU WERE AUTHORIZED 30 DAYS' DELAY TO BE COUNTED AS LEAVE, 4 DAYS' PROCEED TIME, AND PURSUANT TO THE INSTRUCTIONS IN THE ORDERS AND ENDORSEMENT THEREON, YOU WERE AUTHORIZED 2 DAYS' TRAVEL TIME. THE U.S. NAVAL SUPPORT ACTIVITY REPORTED THAT YOU WERE DETACHED FROM THAT STATION ON MAY 29, 1959.

IT IS REPORTED THAT YOU HAVE BEEN ON CONTINUOUS ACTIVE DUTY IN THE NAVY SINCE JUNE 14, 1955, AND A COPY OF AN INDIVIDUAL ORDER TO ADJUST PAY RECORD IN FILE SHOWS THAT YOUR RATING WAS CHANGED FROM YN3 (E-4) TO YN2 (E -5) EFFECTIVE JUNE 16, 1959, EXCEPT THAT FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR ADVANCEMENT TO THE NEXT HIGHER PAY GRADE AND FOR FINAL MULTIPLE COMPUTATION YOUR SERVICE IN PAY GRADE E-5 IS CONSIDERED TO DATE FROM MAY 16, 1959. YOU SHIPPED 1,465 POUNDS OF HOUSEHOLD EFFECTS FROM NAPLES, ITALY, TO GAINESVILLE, FLORIDA, ON JUNE 18, 1959, AND WERE CHARGED $212.37 FOR THE 1,265 POUNDS IN EXCESS OF THE AUTHORIZED WEIGHT ALLOWANCE OF 200 POUNDS.

OUR OFFICE DISALLOWED YOUR CLAIM BY SETTLEMENT DATED SEPTEMBER 10, 1962, FOR THE REASON THAT ON THE DATE OF YOUR DETACHMENT FROM THE U.S. NAVAL SUPPORT ACTIVITY, YOU WERE NOT SERVING IN A GRADE FOR WHICH A WEIGHT ALLOWANCE WAS PRESCRIBED (E-4 WITH OVER 4 YEARS' SERVICE, OR ABOVE) AND YOU THEREFORE WERE NOT ENTITLED TO SHIP HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IN EXCESS OF 200 POUNDS.

SECTION 406 OF TITLE 37, U.S.C. PROVIDES THAT A MEMBER OF A UNIFORMED SERVICE WHO IS ORDERED TO MAKE A CHANGE OF PERMANENT STATION IS ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE SUBJECT TO SUCH CONDITIONS AND LIMITATIONS, FOR SUCH GRADES, RANKS, AND RATINGS, AND TO AND FROM SUCH PLACES, AS PRESCRIBED BY THE SECRETARIES CONCERNED.

PARAGRAPH M8002 OF THE JOINT TRAVEL REGULATIONS, IN EFFECT DURING THE PERIOD OF YOUR CLAIM, PROVIDED THAT THE PERMANENT CHANGE OF STATION WEIGHT ALLOWANCES FOR ENLISTED PERSONNEL WAS 4,500 POUNDS FOR AN E-4 WITH OVER 4 YEARS' SERVICE AND 5,000 POUNDS FOR AN E-5. THE FIRST FOOTNOTE TO THIS PARAGRAPH PROVIDED THAT THE WEIGHT ALLOWANCE OF AN INDIVIDUAL WAS BASED UPON HIS GRADE OR RATING AT THE TIME OF HIS DETACHMENT FROM THE LAST DUTY STATION. PARAGRAPH M8004 OF THE SAME REGULATIONS PROVIDED THAT IF IT WAS IMPRACTICABLE FOR PERSONS FOR WHOM NO WEIGHT ALLOWANCE WAS PRESCRIBED IN PARAGRAPH M8002 TO CHECK PERSONAL BAGGAGE IN BAGGAGE SERVICE ON THEIR PERSONAL TRANSPORTATION TICKETS, SUCH BAGGAGE NOT TO EXCEED 200 POUNDS COULD BE SHIPPED AT GOVERNMENT EXPENSE BY MEANS ORDINARILY USED FOR SUCH SHIPMENTS.

UNDER THESE REGULATIONS THE RATING YOU HELD AND IN WHICH YOU WERE SERVING WHEN YOU WERE DETACHED FROM THE U.S. NAVAL SUPPORT ACTIVITY ON MAY 29, 1959, RATHER THAN THAT HELD AS OF THE EFFECTIVE DATE OF YOUR ORDERS GOVERNED THE WEIGHT OF HOUSEHOLD EFFECTS YOU WERE AUTHORIZED TO SHIP AT GOVERNMENT EXPENSE INCIDENT TO YOUR CHANGE OF STATION. YOU WERE A YN3 (E- 4) WITH LESS THAN 4 YEARS' SERVICE ON THAT DATE AND ENTITLED TO SHIP ONLY 200 POUNDS OF PERSONAL BAGGAGE. THUS, THE CHECK AGE AGAINST YOUR PAY RECORD OF THE EXCESS COST IN THE AMOUNT OF $212.37 WAS PROPER AND REQUIRED UNDER THE REGULATIONS.

WITH REGARD TO YOUR CLAIM THAT YOU WERE ADVANCED TO THE RATING OF YN2 EFFECTIVE MAY 16, 1959, BUT THE PAY RATE FOR IT DID NOT BECOME EFFECTIVE UNTIL JUNE 16, 1959, YOU ARE ADVISED THAT IT WAS ADMINISTRATIVELY REPORTED THAT YOUR ADVANCEMENT TO YN2 WAS EFFECTIVE JUNE 16, 1959, AND A COPY OF YOUR PAY RECORD SHOWS THAT YOU BEGAN RECEIVING THE YN2 PAY RATE THE SAME DATE. AS STATED ABOVE, THE YN2 RATING WAS MADE EFFECTIVE MAY 16, 1959, ONLY FOR THE PURPOSES OF DETERMINING ELIGIBILITY FOR ADVANCEMENT TO THE NEXT HIGHER GRADE AND FOR FINAL MULTIPLE COMPUTATION OF YOUR SERVICE IN THAT RATING. ON MAY 29, 1959, THE RATING YOU HELD, AND IN WHICH YOU WERE SERVING, WAS YN3 (E-4) AND YOU HAD LESS THAN 4 YEARS' SERVICE.

THEREFORE, THE DISALLOWANCE OF YOUR CLAIM BY SETTLEMENT DATED SEPTEMBER 10, 1962, WAS CORRECT AND IS SUSTAINED.