B-170749, NOV. 10, 1970

B-170749: Nov 10, 1970

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TARVER: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 27. YOUR DAUGHTER'S EFFECTS WERE SHIPPED TO ALAMEDA. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE SHIPMENT WAS NOT MADE INCIDENT TO A PERMANENT CHANGE OF STATION AS REQUIRED BY LAW AND REGULATIONS IN ORDER TO AUTHORIZE REIMBURSEMENT FROM PUBLIC FUNDS. WITH YOUR PRESENT LETTER YOU HAVE FURNISHED COPIES OF VARIOUS PERMANENT CHANGE OF STATION ORDERS AND SAY THAT IN SEPTEMBER 1962. WHEN YOU WERE ORDERED FROM THE FOURTEENTH NAVAL DISTRICT. YOU HAVE CONTINUALLY BEEN ASSIGNED TO SHIPS HOMEPORTED IN ALAMEDA AND HAVE NOT BEEN AUTHORIZED FURTHER SHIPMENT. PROVIDES THAT IN CONNECTION WITH A CHANGE OF STATION A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS.

B-170749, NOV. 10, 1970

TRANSPORTATION OF PERSONAL EFFECTS SUSTAINING DISALLOWANCE OF CLAIM FOR REIMBURSEMENT FOR SHIPMENT OF PERSONAL EFFECTS OF MEMBER'S DAUGHTER WHO DIED WHILE ATTENDING COLLEGE. MEMBER WHO DID NOT UTILIZE WEIGHT ALLOWANCE IN SHIPMENT OF EFFECTS ON PERMANENT CHANGE OF STATION MAY NOT BE REIMBURSED FOR SHIPMENT OF PERSONAL EFFECTS OF DAUGHTER UPON HER DEATH WHICH OCCURRED MANY YEARS AFTER MEMBERS CHANGE OF STATION.

TO CWO CARROLL L. TARVER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 27, 1970, WITH ENCLOSURES, REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 9, 1970, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING 660 POUNDS OF PERSONAL EFFECTS OF YOUR LATE DAUGHTER, AUDRY LEE TARVER, FROM EDGEWOOD, MARYLAND, TO ALAMEDA, CALIFORNIA, IN MARCH 1970.

YOUR DAUGHTER'S EFFECTS WERE SHIPPED TO ALAMEDA, CALIFORNIA, YOUR CURRENT DUTY STATION, AT PERSONAL EXPENSE FOLLOWING HER DEATH WHILE ATTENDING TOWSON STATE COLLEGE, TOWSON, MARYLAND. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE SHIPMENT WAS NOT MADE INCIDENT TO A PERMANENT CHANGE OF STATION AS REQUIRED BY LAW AND REGULATIONS IN ORDER TO AUTHORIZE REIMBURSEMENT FROM PUBLIC FUNDS.

WITH YOUR PRESENT LETTER YOU HAVE FURNISHED COPIES OF VARIOUS PERMANENT CHANGE OF STATION ORDERS AND SAY THAT IN SEPTEMBER 1962, WHEN YOU WERE ORDERED FROM THE FOURTEENTH NAVAL DISTRICT, PEARL HARBOR, HAWAII, TO THE USS MIDWAY (CVA-41) HOMEPORTED AT ALAMEDA, CALIFORNIA, YOU DID NOT USE ALL OF YOUR AUTHORIZED WEIGHT ALLOWANCE FOR SHIPMENT OF PERSONAL EFFECTS. YOU SAY THAT SINCE THAT TIME, AS SHOWN BY COPIES OF LATER CHANGE OF STATION ORDERS, YOU HAVE CONTINUALLY BEEN ASSIGNED TO SHIPS HOMEPORTED IN ALAMEDA AND HAVE NOT BEEN AUTHORIZED FURTHER SHIPMENT. YOU THEREFORE REQUEST THAT THE SHIPMENT FROM EDGEWOOD BE APPLIED AGAINST THE UNUSED PORTION OF YOUR WEIGHT ALLOWANCE UNDER THE 1962 ORDERS AND THAT YOUR CLAIM BE CONSIDERED ON THAT BASIS.

SECTION 406(B) OF TITLE 37 U.S. CODE, PROVIDES THAT IN CONNECTION WITH A CHANGE OF STATION A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR, WITHIN SUCH WEIGHT ALLOWANCES PRESCRIBED BY THE SECRETARIES CONCERNED. THE WEIGHT ALLOWANCES PRESCRIBED BY THE SECRETARIES FOR VARIOUS RANKS AND GRADES UPON PERMANENT CHANGE OF STATION ARE SET FORTH IN PARAGRAPH M8003 OF THE JOINT TRAVEL REGULATIONS. SUCH WEIGHTS ARE THE MAXIMUM NET WEIGHTS OF HOUSEHOLD EFFECTS WHICH MEMBERS MAY SHIP AT PUBLIC EXPENSE IN CONNECTION WITH A PARTICULAR PERMANENT CHANGE OF STATION.

WHEN YOU WERE ORDERED TO A VESSEL HOMEPORTED IN ALAMEDA, CALIFORNIA, IN 1962, YOU WERE AUTHORIZED UNDER APPLICABLE REGULATIONS TO SHIP TO THAT CITY THE HOUSEHOLD EFFECTS OWNED BY YOU ON THE EFFECTIVE DATE OF THOSE ORDERS, WITHIN YOUR PRESCRIBED WEIGHT ALLOWANCE. PRESUMABLY, THE SHIPMENT MADE BY YOU AT THAT TIME INCLUDED ALL OF THOSE HOUSEHOLD EFFECTS AND, WHILE THE WEIGHT SHIPPED MAY HAVE BEEN LESS THAN THE MAXIMUM YOU COULD HAVE SHIPPED, THE SHIPMENT EXHAUSTED YOUR ENTITLEMENT UNDER YOUR ORDERS. HOUSEHOLD EFFECTS ACQUIRED AFTER THE EFFECTIVE DATE OF YOUR 1962 CHANGE OF PERMANENT STATION ORDERS MAY NOT LEGALLY BE SHIPPED UNDER THOSE ORDERS AND, AS YOU SAY, YOU HAVE NOT SINCE HAD A CHANGE OF PERMANENT STATION ENTITLING YOU TO SHIP HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE.

APPARENTLY, YOUR DAUGHTER ENTERED COLLEGE LONG AFTER YOUR 1962 CHANGE OF PERMANENT STATION. CONSEQUENTLY, WE TRUST YOU WILL UNDERSTAND THAT THERE IS NO LEGAL BASIS FOR VIEWING THE SHIPMENT TO ALAMEDA IN 1970 OF THE PERSONAL EFFECTS WHICH YOUR DAUGHTER EITHER TOOK WITH HER FROM ALAMEDA TO EDGEWOOD, MARYLAND, OR ACQUIRED THERE, AS AN AUTHORIZED MOVEMENT OF HOUSEHOLD EFFECTS UNDER YOUR 1962 ORDERS. AS INDICATED ABOVE, YOUR SUBSEQUENT ASSIGNMENTS TO VESSELS HOMEPORTED AT ALAMEDA DO NOT CONFER ANY ENTITLEMENT TO SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE.

THEREFORE, WHILE APPRECIATING THE UNFORTUNATE CIRCUMSTANCES OF THIS CASE WE HAVE NO ALTERNATIVE BUT TO ADVISE YOU THAT THERE IS NO LEGAL BASIS UPON WHICH WE MAY APPROVE THE ALLOWANCE OF YOUR CLAIM AND THE SETTLEMENT OF JUNE 9, 1970, MUST BE AND IS SUSTAINED.