Skip to main content

B-170531, MAY 22, 1972, 51 COMP GEN 763

B-170531 May 22, 1972
Jump To:
Skip to Highlights

Highlights

PERSONS - HOUSE TRAILER TRANSPORTATION THE WIFE OF AN ARMY WARRANT OFFICER MISSING IN ACTION WHO MOVED HER HOUSEHOLD EFFECTS IN HER MOBILE HOME AND WAS DENIED REIMBURSEMENT FOR THE EXPENSES INCURRED IN THE MOVEMENT OF THE TRAILER. NEVERTHELESS MAY BE REIMBURSED THE EXPENSE OF THE TRAILER MOVEMENT SINCE THE AMOUNT INVOLVED IS LESS THAN IT WOULD COST THE GOVERNMENT TO COMPLY WITH PARAGRAPH M8353 OF THE JOINT TRAVEL REGULATIONS AUTHORIZING THE SHIPMENT OF HOUSEHOLD GOODS WHEN A MEMBER IS IN A MISSING STATUS FOR MORE THAN 29 DAYS. WHO IS PRESENTLY IN A MISSING-IN-ACTION STATUS. SPARKS WAS DENIED MOVEMENT OF HER TRAILER AT GOVERNMENT EXPENSE IN VIEW OF THE DECISION OF OUR OFFICE. WHICH HELD THAT THERE WAS NO AUTHORITY UNDER 37 U.S.C. 554.

View Decision

B-170531, MAY 22, 1972, 51 COMP GEN 763

MILITARY PERSONNEL - MISSING, INTERNED, ETC., PERSONS - HOUSE TRAILER TRANSPORTATION THE WIFE OF AN ARMY WARRANT OFFICER MISSING IN ACTION WHO MOVED HER HOUSEHOLD EFFECTS IN HER MOBILE HOME AND WAS DENIED REIMBURSEMENT FOR THE EXPENSES INCURRED IN THE MOVEMENT OF THE TRAILER, AS 37 U.S.C. 554 IN PROVIDING FOR THE TRAVEL AND TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD AND PERSONAL EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IN A MISSING STATUS DOES NOT SPECIFICALLY INCLUDE A HOUSE TRAILER, NEVERTHELESS MAY BE REIMBURSED THE EXPENSE OF THE TRAILER MOVEMENT SINCE THE AMOUNT INVOLVED IS LESS THAN IT WOULD COST THE GOVERNMENT TO COMPLY WITH PARAGRAPH M8353 OF THE JOINT TRAVEL REGULATIONS AUTHORIZING THE SHIPMENT OF HOUSEHOLD GOODS WHEN A MEMBER IS IN A MISSING STATUS FOR MORE THAN 29 DAYS, EITHER TO HIS OFFICIAL HOME OF RECORD OR THE RESIDENCE OF HIS NEXT OF KIN.

TO LIEUTENANT COLONEL H. C. WILLIAMS, DEPARTMENT OF THE ARMY, MAY 22, 1972:

YOUR LETTER OF NOVEMBER 5, 1971, WITH ENCLOSURES, REQUESTS A DECISION WHETHER MRS. JACQUELINE S. SPARKS, THE WIFE OF WARRANT OFFICER JON M. SPARKS, U.S. ARMY, WHO IS PRESENTLY IN A MISSING-IN-ACTION STATUS, MAY BE REIMBURSED FOR THE MOVEMENT OF HER HOUSEHOLD GOODS IN HER MOBILE HOME FROM OCEAN SPRINGS, MISS., TO PLANO, TEX., IN MAY 1971, AS EVIDENCED IN THE VOUCHER SUBMITTED FOR PAYMENT. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 71-61 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE ENCLOSURES INCLUDE A LETTER FROM HEADQUARTERS, 5TH U.S. ARMY, FORT SAM HOUSTON, TEX., DATED AUGUST 13, 1971, WHICH STATES THAT MRS. SPARKS WAS DENIED MOVEMENT OF HER TRAILER AT GOVERNMENT EXPENSE IN VIEW OF THE DECISION OF OUR OFFICE, OCTOBER 23, 1971, 50 COMP. GEN. 317, WHICH HELD THAT THERE WAS NO AUTHORITY UNDER 37 U.S.C. 554, FOR A DEPENDENT OF A MEMBER OF THE UNIFORMED SERVICES WHO IS IN A MISSING STATUS, TO TRANSPORT A HOUSETRAILER AT GOVERNMENT EXPENSE. HOWEVER, THE LETTER SUGGESTS THAT MRS. SPARKS IS ENTITLED TO REIMBURSEMENT FOR THE ITEMS OF PERSONAL PROPERTY THAT WERE TRANSPORTED IN THE HOUSETRAILER AS FOR A SHIPMENT OF HOUSEHOLD GOODS UNDER THE PROVISIONS OF PARAGRAPH M8353, JOINT TRAVEL REGULATIONS, AND IS FILING CLAIM UNDER THE PROVISIONS OF PARAGRAPH M8500 OF THE REGULATIONS.

THE CLAIM IS SUPPORTED BY AN INVENTORY OF HOUSEHOLD GOODS SHOWING THAT A TOTAL OF 711 CUBIC FEET OF SUCH GOODS WERE CONTAINED IN THE HOUSE TRAILER. ALSO, THERE IS A STATEMENT FROM THE CHIEF, TRAFFIC MANAGEMENT BRANCH AT KEESLER AIR FORCE BASE, BILOXI, MISSISSIPPI, THAT THE COST OF SHIPPING 5,000 POUNDS (711 X 7) BY MOTORVAN AT GOVERNMENT EXPENSE FOR THE DISTANCE TRANSPORTED WOULD HAVE BEEN $597.50. THE ACTUAL COST FOR THE MOVEMENT OF THE HOUSETRAILER AMOUNTED TO $495.36, PLUS ADDITIONAL CHARGES FOR $42.50, FOR BLOCKING AND LEVELING THE TRAILER AND CONNECTING UTILITIES AT PLANO, TEX.

YOU INDICATE THAT, WHILE THE GOVERNMENT WOULD HAVE PAID THE TRANSPORTATION CHARGES IF SHIPMENT OF THE HOUSEHOLD GOODS HAD ACTUALLY BEEN MADE BY MOTORVAN, THERE IS DOUBT THAT THE GOVERNMENT IS LIABLE FOR REIMBURSEMENT ON A CONSTRUCTIVE COST BASIS FOR MOVING THE HOUSEHOLD GOODS IN CONJUNCTION WITH THE MOVEMENT OF A MOBILE HOME. YOU THEREFORE REQUEST A DECISION WHETHER ANY REIMBURSEMENT OF PERSONAL EXPENSE IS PROPER IN THIS CASE.

SECTION 554 OF TITLE 37, U.S.C. PROVIDES FOR THE TRAVEL AND TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD AND PERSONAL EFFECTS OF MEMBERS IN A MISSING STATUS. TRANSPORTATION MAY BE PROVIDED FOR THE DEPENDENTS AND HOUSEHOLD EFFECTS OF A MEMBER OF A UNIFORMED SERVICE ON ACTIVE DUTY (WITHOUT REGARD TO PAY GRADE) WHO IS OFFICIALLY REPORTED AS DEAD, INJURED, OR ABSENT FOR A PERIOD OF MORE THAN 29 DAYS IN A MISSING STATUS, TO VARIOUS LOCATIONS AS SPECIFIED THEREIN.

SECTION 409 OF TITLE 37 PROVIDES IN PERTINENT PART 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, OR IN THE CASE OF HIS DEATH, HIS DEPENDENT, WHO WOULD OTHERWISE BE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS UNDER SECTION 406 OF THAT TITLE, MAY TRANSPORT A HOUSETRAILER OR MOBILE DWELLING WITHIN THE CONTINENTAL UNITED STATES, WITHIN ALASKA, OR BETWEEN THE CONTINENTAL UNITED STATES AND ALASKA, FOR USE AS A RESIDENCE. THE HOUSETRAILER MAY BE TRANSPORTED BY ONE OF THE ENUMERATED WAYS, THE COST OF WHICH OR REIMBURSEMENT THEREFOR BEING LIMITED, AS THERE PRESCRIBED.

PARAGRAPH M10002, JOINT TRAVEL REGULATIONS, PROVIDES GENERALLY THAT EXCEPT FOR A MEMBER WHO IS OFFICIALLY REPORTED AS DEAD, INJURED OR ABSENT FOR A PERIOD OF MORE THAN 29 DAYS IN A MISSING STATUS, ANY MEMBER OF THE UNIFORMED SERVICES WHO WOULD OTHERWISE BE ENTITLED TO HAVE HIS HOUSEHOLD EFFECTS TRANSPORTED AT GOVERNMENT EXPENSE IS ENTITLED TO A TRAILER ALLOWANCE AS SET FORTH IN THAT CHAPTER.

PARAGRAPH M8353-1, ITEM 3 OF THE REGULATIONS, PROVIDES IN PERTINENT PART THAT TRANSPORTATION OF THE HOUSEHOLD GOODS OF A MEMBER IS AUTHORIZED TO HIS OFFICIAL HOME OF RECORD OR TO THE RESIDENCE OF HIS DEPENDENTS, NEXT OF KIN, OR OTHER PERSON ENTITLED TO RECEIVE CUSTODY OF THE HOUSEHOLD GOODS WHEN OFFICIAL NOTICE IS RECEIVED THAT THE MEMBER IS ABSENT FOR A PERIOD OF MORE THAN 29 DAYS IN A MISSING STATUS.

PARAGRAPH M8500 OF THE REGULATIONS PROVIDES THAT A SHIPMENT OF HOUSEHOLD GOODS AS OTHERWISE AUTHORIZED, ORDINARILY WILL BE MADE THROUGH A SHIPPING OR TRANSPORTATION OFFICER. HOWEVER, WHEN A SHIPPING OR TRANSPORTATION OFFICER IS NOT AVAILABLE OR THE MEMBER WAS INSTRUCTED TO MAKE SHIPMENT AT PERSONAL EXPENSE, REIMBURSEMENT OF THE ACTUAL COST OF THE SHIPMENT IS AUTHORIZED, EXCLUSIVE OF UNAUTHORIZED SERVICES. IN ALL OTHER CASES, THE REGULATION PROVIDES THAT A MEMBER WHO ARRANGES FOR THE SHIPMENT OF THE HOUSEHOLD GOODS AT PERSONAL EXPENSE IS ENTITLED TO REIMBURSEMENT OF SUCH COSTS NOT TO EXCEED THE COST WHICH WOULD HAVE BEEN INCURRED HAD THE SHIPMENT BEEN MADE BY A SHIPPING OR TRANSPORTATION OFFICER.

IN 50 COMP. GEN. 317 (1971), WE HELD THAT SECTION 554 OF TITLE 37, U.S.C. LIMITS ENTITLEMENT TO THOSE SPECIFIC TRAVEL AND TRANSPORTATION ITEMS THERE MENTIONED AND AUTHORITY TO TRANSPORT HOUSE TRAILERS OR MOBILE HOMES IS NOT ONE OF THE ALLOWANCES INCLUDED. WE SAID THAT THE WORDS "HOUSEHOLD AND PERSONAL EFFECTS" AS USED IN THAT SECTION MAY NOT BE CONSTRUED AS INCLUDING A HOUSETRAILER FOR THE PURPOSE OF TRANSPORTING IT WHEN A MEMBER IS IN A MISSING-IN-ACTION STATUS.

WHILE UNDER THE PROVISIONS OF SECTION 554 OF TITLE 37, U.S.C. MRS. SPARKS IS NOT ENTITLED TO REIMBURSEMENT FOR THE MOVEMENT OF HER MOBILE HOME FROM OCEAN SPRINGS, MISS., TO PLANO, TEX., THE HOUSEHOLD EFFECTS THAT WERE CONTAINED IN THE HOUSETRAILER WOULD HAVE BEEN SHIPPED SEPARATELY BY THE GOVERNMENT UNDER ARRANGEMENTS BY A SHIPPING OR TRANSPORTATION OFFICER IF MRS. SPARKS HAD REQUESTED SUCH A SHIPMENT. FURTHERMORE, UNDER THE PROVISIONS OF PARAGRAPH M8500 OF THE REGULATIONS, MRS. SPARKS COULD HAVE PERSONALLY ARRANGED FOR THE SHIPMENT OF THESE EFFECTS BY ANY MEANS, INCLUDING THE DIRECT HIRE OR RENTAL OF A CONVEYANCE (WITH OR WITHOUT OPERATOR). IN VIEW THEREOF, AND SINCE MRS. SPARKS DID MOVE HER HOUSEHOLD GOODS IN HER HOUSETRAILER AT HER OWN EXPENSE, IT IS CONCLUDED THAT SHE IS ENTITLED TO REIMBURSEMENT OF THE TRANSPORTATION COST SHE INCURRED ($495.36) SINCE THAT AMOUNT IS LESS THAN IT WOULD HAVE COST THE GOVERNMENT HAD THE SHIPMENT BEEN MADE BY A SHIPPING OR TRANSPORTATION OFFICER.

ACCORDINGLY, THE VOUCHER AND OTHER ENCLOSURES ARE RETURNED HEREWITH, THE VOUCHER BEING APPROVED FOR PAYMENT IN THE AMOUNT SHOWN TO BE DUE MRS. SPARKS, IF OTHERWISE CORRECT.

GAO Contacts

Office of Public Affairs