B-171186, NOV. 30, 1970

B-171186, NOV. 30, 1970

TRANSPORTATION - HOUSE TRAILER SUSTAINING SETTLEMENT DISALLOWING CLAIM FOR ADDITIONAL ALLOWANCE FOR TRANSPORTATION OF HOUSE TRAILER BY COMMERCIAL CARRIER ON PERMANENT CHANGE OF STATION OF NAVY RESERVIST FROM LINDEN TO LODI, NEW JERSEY. NAVY MEMBER WHO WAS REIMBURSED FOR MOVEMENT OF HOUSE TRAILER BY COMMERCIAL CARRIER ON BASIS OF 74 CENTS A MILE MAY NOT BE PAID ADDITIONAL AMOUNT SINCE CEILING HAS BEEN PLACED ON AMOUNT UNDER 37 U.S.C. 409, AND EVEN IF SHIPMENT HAD BEEN MADE UNDER GOVERNMENT TRANSPORTATION REQUEST COSTS IN EXCESS OF 74 CENTS A MILE WOULD HAVE BEEN COLLECTED FROM MEMBER.

TO MR. MARVIN E. FAWCETT:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 22, 1970, REQUESTING RECONSIDERATION OF SETTLEMENT BY OUR CLAIMS DIVISION DATED SEPTEMBER 2, 1970, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL ALLOWANCE FOR THE TRANSPORTATION OF YOUR HOUSE TRAILER FROM LINDEN, NEW JERSEY, TO LODI, NEW JERSEY, INCIDENT TO STANDARD TRANSFER ORDER NO. 09-69, DATED SEPTEMBER 11, 1969.

THE ORDERS DIRECTED YOUR PERMANENT CHANGE OF STATION FROM UNITED STATES NAVY AND MARINE CORPS RECRUITING STATION, PORT NEWARK, NEW JERSEY, TO NAVAL RESERVE TRAINING CENTER, CLIFTON, NEW JERSEY, TO REPORT NOT LATER THAN 2400 OCTOBER 15, 1969. INCIDENT TO YOUR TRANSFER YOU ARRANGED WITH A COMMERCIAL TRANSPORTER FOR THE MOVEMENT OF YOUR HOUSE TRAILER FROM LINDEN, NEW JERSEY, TO LODI, NEW JERSEY. THE MOVER'S BILL SHOWS THAT YOUR TRAILER WAS MOVED ON SEPTEMBER 26, 1969, AT A COST OF $81.25. BY VOUCHER NO. G1600, SYMBOL 5102, DATED MARCH 31, 1970, YOU WERE ALLOWED THE AMOUNT OF $22.20 WHICH REPRESENTED REIMBURSEMENT AT THE RATE OF 74 CENTS A MILE FOR THE DISTANCE OF 30 MILES THAT THE TRAILER WAS TRANSPORTED.

YOUR CLAIM FOR REIMBURSEMENT OF THE ADDITIONAL EXPENSES YOU INCURRED FOR THE MOVEMENT OF YOUR HOUSE TRAILER WAS DISALLOWED BY THE SETTLEMENT OF SEPTEMBER 2, 1970, FOR THE REASONS STATED. IN YOUR REQUEST FOR RECONSIDERATION, YOU STATE YOU WERE ADVISED BY TRANSPORTATION AUTHORITIES TO ARRANGE FOR THE COMMERCIAL TRANSPORTATION OF YOUR HOUSE TRAILER AND CLAIM REIMBURSEMENT. YOU CONTEND THAT THE ALLOWANCE OF 74 CENTS A MILE WAS UNJUST IN VIEW OF THE HIGH COST INVOLVED IN THE MOVEMENT. YOU CONTEND FURTHER THAT THE TRANSPORTATION OF YOUR HOUSE TRAILER UNDER A GOVERNMENT BILL OF LADING WOULD NOT HAVE BEEN MADE AT A LOWER COST TO THE GOVERNMENT.

SECTION 409 OF TITLE 37, U.S.C. PROVIDES IN PERTINENT PART THAT A MEMBER OTHERWISE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS, MAY TRANSPORT A HOUSE TRAILER WITHIN THE CONTINENTAL UNITED STATES FOR USE AS A RESIDENCE BY ONE OF THE FOLLOWING MEANS:

"(1) TRANSPORT THE TRAILER OR DWELLING AND RECEIVE A MONETARY ALLOWANCE IN PLACE OF TRANSPORTATION AT A RATE TO BE PRESCRIBED BY THE SECRETARIES CONCERNED, BUT NOT MORE THAN 20 CENTS A MILE;

"(2) DELIVER THE TRAILER OR DWELLING TO AN AGENT OF THE UNITED STATES FOR TRANSPORTATION BY THE UNITED STATES OR BY COMMERCIAL MEANS; OR

"(3) TRANSPORT THE TRAILER OR DWELLING BY COMMERCIAL MEANS AND BE REIMBURSED BY THE UNITED STATES SUBJECT TO SUCH RATES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED." THE SECTION PROVIDES FURTHER THAT THE COST OF TRANSPORTATION UNDER CLAUSE (2) OR THE REIMBURSEMENT UNDER CLAUSE (3) MAY NOT BE MORE THAN THE LESSER OF (A) THE CURRENT AVERAGE COST FOR THE COMMERCIAL TRANSPORTATION OF A HOUSE TRAILER OR MOBILE DWELLING; (B) 74 CENTS A MILE; OR (C) THE COST OF TRANSPORTING THE BAGGAGE AND HOUSEHOLD EFFECTS OF THE MEMBER OR HIS DEPENDENT PLUS THE DISLOCATION ALLOWANCE AUTHORIZED IN SECTION 407 OF THAT TITLE.

PARAGRAPH M10004-2, ITEM 5, JOINT TRAVEL REGULATIONS, PROVIDES THAT ALL COSTS PAID BY THE GOVERNMENT FOR THE MOVEMENT OF HOUSE TRAILERS, REGARDLESS OF TYPE, WHICH RESULT IN AN OVER-ALL PAYMENT IN EXCESS OF THE CEILING CONTAINED IN SUBPARAGRAPH 3 THEREOF, WILL BE CHECKED AGAINST THE MEMBER FOR REPAYMENT TO THE GOVERNMENT. SUBPARAGRAPH 3 LISTS THE THREE CEILINGS SET OUT IN SECTION 409 OF TITLE 37, U.S.C. AND STATES THAT THE AMOUNT TO BE PAID BY THE GOVERNMENT IS LIMITED TO THE LOWEST OF THESE CEILINGS.

UNDER THE STATUTORY AND REGULATORY PROVISIONS CITED, YOU WERE ALLOWED THE MAXIMUM AMOUNT AS REIMBURSEMENT FOR EXPENSES IN THE MOVEMENT OF YOUR HOUSE TRAILER INCIDENT TO THE ORDERS OF SEPTEMBER 11, 1969. FURTHERMORE, EVEN IF THE SHIPMENT HAD BEEN MADE BY THE TRANSPORTATION OFFICER, THE COSTS INCURRED BY THE GOVERNMENT IN EXCESS OF 74 CENTS A MILE WOULD HAVE BEEN CHECKED AGAINST YOUR ACCOUNT FOR REPAYMENT TO THE GOVERNMENT. ACCORDINGLY, THE SETTLEMENT DATED SEPTEMBER 2, 1970, IS SUSTAINED.

THE ORIGINAL ORDERS DATED SEPTEMBER 11, 1969, ARE RETURNED HEREWITH.