B-171887, JUN 8, 1971

B-171887: Jun 8, 1971

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WAS AUTHORIZED. CLAIMANT UNDER REGULATION WAS ENTITLED TO SHIPMENT AT GOVERNMENT EXPENSES ONLY FROM SACRAMENTO. THE JOINT TRAVEL REGULATIONS AUTHORIZE SHIPMENT TO LAST PERMANENT DUTY STATION WHICH IN THIS CASE IS INAPPLICABLE AS CLAIMANT'S LAST DUTY STATION WAS OVERSEAS. YOUR HOUSEHOLD EFFECTS WERE PLACED IN NONTEMPORARY STORAGE IN SACRAMENTO. YOU WERE REASSIGNED TO CHARLESTON AIR FORCE BASE. THE ORDERS STATED THAT YOUR HOME OF RECORD IS FREMONT. YOUR RELEASE FROM ACTIVE DUTY WAS EFFECTED BY SEPARATION ORDERS DATED JANUARY 26. YOUR HOUSEHOLD EFFECTS WERE SHIPPED TO THAT CITY FROM PLACE OF STORAGE AT GOVERNMENT EXPENSE. THE FURTHER SHIPMENT FROM FREMONT TO BERKELEY HEIGHTS WAS AT YOUR PERSONAL EXPENSE.

B-171887, JUN 8, 1971

MILITARY PERSONNEL - SHIPMENT OF HOUSEHOLD EFFECTS - LAST PERMANENT DUTY STATION CONCERNING CLAIM OF NEIL A. SORENSEN, FORMER CAPTAIN IN U.S. AIR FORCE, FOR COST OF SHIPMENT OF HOUSEHOLD EFFECTS FROM FREMONT, CALIF., TO BERKELEY HEIGHTS, N.J. ALTHOUGH ADVISED THAT SHIPMENT TO CHARLESTON AFB, SOUTH CAROLINA, PLACE OF SEPARATION, OR A POINT OF EQUAL DISTANCE, WAS AUTHORIZED, CLAIMANT UNDER REGULATION WAS ENTITLED TO SHIPMENT AT GOVERNMENT EXPENSES ONLY FROM SACRAMENTO, CALIF., STORAGE POINT, TO FREMONT, CALIF., HOME OF RECORD, OR SAN LORENZO, CALIF., PLACE OF ENTRY ON ACTIVE DUTY. THE JOINT TRAVEL REGULATIONS AUTHORIZE SHIPMENT TO LAST PERMANENT DUTY STATION WHICH IN THIS CASE IS INAPPLICABLE AS CLAIMANT'S LAST DUTY STATION WAS OVERSEAS. ASSIGNMENT TO CHARLESTON AFB FOR SEPARATION DOES NOT QUALIFY AS LAST DUTY STATION UNDER THE REGULATION.

TO MR. NEIL A. SORENSEN:

WE AGAIN REFER TO YOUR LETTERS OF JANUARY 12 AND APRIL 5, 1971, REQUESTING REVIEW OF THE SETTLEMENT OF DECEMBER 29, 1970, WHICH DISALLOWED YOUR CLAIM FOR SHIPPING YOUR HOUSEHOLD EFFECTS FROM FREMONT, CALIFORNIA, TO BERKELEY HEIGHTS, NEW JERSEY, IN MARCH 1970 INCIDENT TO YOUR SERVICE AS CAPTAIN, AIR FORCE.

YOUR HOUSEHOLD EFFECTS WERE PLACED IN NONTEMPORARY STORAGE IN SACRAMENTO, CALIFORNIA, IN 1968 UPON YOUR TRANSFER FROM MATHER AIR FORCE BASE, CALIFORNIA, TO RAMEY AIR FORCE BASE, PUERTO RICO, AS A PERMANENT CHANGE OF STATION. BY SPECIAL ORDER NO. A-41, DATED JANUARY 6, 1970, YOU WERE REASSIGNED TO CHARLESTON AIR FORCE BASE, SOUTH CAROLINA, FOR SEPARATION FROM THE SERVICE ON FEBRUARY 4, 1970. THE ORDERS STATED THAT YOUR HOME OF RECORD IS FREMONT, CALIFORNIA, AND THAT YOU LAST ENTERED ON ACTIVE DUTY AT SAN LORENZO, CALIFORNIA. YOUR RELEASE FROM ACTIVE DUTY WAS EFFECTED BY SEPARATION ORDERS DATED JANUARY 26, 1970. UPON YOUR SEPARATION YOU ELECTED TO RECEIVE MILEAGE FOR YOUR OWN TRAVEL TO YOUR HOME OF RECORD, FREMONT, AND YOUR HOUSEHOLD EFFECTS WERE SHIPPED TO THAT CITY FROM PLACE OF STORAGE AT GOVERNMENT EXPENSE. THE FURTHER SHIPMENT FROM FREMONT TO BERKELEY HEIGHTS WAS AT YOUR PERSONAL EXPENSE.

IN PRESENTING YOUR CLAIM FOR REIMBURSEMENT YOU SAID THAT PRIOR TO YOUR DEPARTURE FROM RAMEY AIR FORCE BASE YOU WERE ADVISED THAT THE ONLY SHIPMENT OF HOUSEHOLD EFFECTS YOU WERE AUTHORIZED TO MAKE WAS FROM PLACE OF STORAGE TO YOUR HOME OF RECORD, AND THAT THERE WAS NO PROVISION ENTITLING YOU TO SHIP YOUR EFFECTS TO A LOCATION ON THE EAST COAST. YOU SAID THIS CAUSED YOU TO ELECT MILEAGE TO YOUR HOME OF RECORD IN CALIFORNIA.

YOU FURTHER SAID THAT UPON YOUR ARRIVAL AT MATHER AIR FORCE BASE AFTER RELEASE FROM ACTIVE DUTY, YOU WERE INFORMED THAT SHIPMENT OF YOUR HOUSEHOLD EFFECTS WAS AUTHORIZED FROM STORAGE IN SACRAMENTO, CALIFORNIA, TO CHARLESTON AIR FORCE BASE, SOUTH CAROLINA, ON THE BASIS OF THE ORDERS ASSIGNING YOU TO THAT BASE FOR SEPARATION AND THAT YOU WERE AUTHORIZED AN ADDITIONAL SHIPMENT, BASED ON YOUR SEPARATION ORDERS, TO A POINT EQUAL TO THE DISTANCE FROM CHARLESTON AIR FORCE BASE TO YOUR HOME OF RECORD, OR TO THE POINT TO WHICH YOU ELECTED TO RECEIVE YOUR TRAVEL ALLOWANCE. SINCE, HOWEVER, YOU HAD RECEIVED TRAVEL ALLOWANCE TO YOUR HOME OF RECORD, YOU WERE ADVISED YOU HAD NO ALTERNATIVE BUT TO ACCEPT DELIVERY TO FREMONT.

YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON STATED THEREIN. YOUR LETTERS REQUESTING REVIEW ARE BASED ON THE BELIEF THAT YOU WERE NOT PROPERLY ADVISED OF YOUR ENTITLEMENT IN THE FIRST INSTANCE.

SECTION 404(A)(3) OF TITLE 37, U.S.C. PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES UNDER VARIOUS CIRCUMSTANCES OF TRAVEL, INCLUDING TRAVEL UPON SEPARATION FROM THE SERVICE OR RELEASE FROM ACTIVE DUTY, FROM HIS LAST DUTY STATION TO HIS HOME OR PLACE FROM WHICH HE WAS CALLED TO ACTIVE DUTY. SECTION 406 OF TITLE 37 OF THE CODE PROVIDES THAT IN CONNECTION WITH A CHANGE OF STATION A MEMBER IS ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS UNDER SUCH CONDITIONS AND LIMITATIONS AND TO AND FROM SUCH PLACES AS PRESCRIBED BY THE SECRETARIES CONCERNED.

PARAGRAPH M3003-1A OF THE JOINT TRAVEL REGULATIONS PRESCRIBED PURSUANT TO THE ABOVE-MENTIONED AUTHORITY OF LAW DEFINES THE TERM "PERMANENT CHANGE OF STATION" TO INCLUDE THE CHANGE FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY UPON SEPARATION FROM THE SERVICE OR RELEASE FROM ACTIVE DUTY. PARAGRAPH M4157-1A OF THOSE REGULATIONS AUTHORIZED A MEMBER UPON SEPARATION OR RELEASE FROM ACTIVE DUTY TO ELECT TO RECEIVE MILEAGE FOR HIS TRAVEL EITHER TO HIS HOME OF RECORD OR THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY.

PARAGRAPH M8259-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER ON ACTIVE DUTY WHO IS SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY IS ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS TO THE PLACE ELECTED BY HIM FOR HIS TRAVEL ALLOWANCE UNDER PARAGRAPH M4157 FROM WHICHEVER OF THE FOLLOWING IS APPLICABLE:

"1. THE LAST OR ANY PREVIOUS PERMANENT DUTY STATION,

"2. A DESIGNATED PLACE TO WHICH TRANSPORTED AT GOVERNMENT EXPENSE,

"3. A PLACE OF AUTHORIZED STORAGE."

YOUR LAST PERMANENT STATION WAS OVERSEAS AND YOUR LAST PERMANENT CHANGE- OF-STATION ORDERS WERE THOSE OF JANUARY 6, 1970. SUCH ORDERS DID NOT ESTABLISH CHARLESTON AFB AS YOUR PERMANENT STATION AND HENCE, YOU WERE NOT ENTITLED TO SHIPMENT OF YOUR HOUSEHOLD EFFECTS TO OR FROM THAT STATION AS FOR A PERMANENT CHANGE OF STATION. SINCE YOUR HOUSEHOLD EFFECTS WERE IN STORAGE IN SACRAMENTO, CALIFORNIA, AND YOU ELECTED TO RECEIVE MILEAGE TO YOUR HOME OF RECORD, FREMONT, CALIFORNIA, YOU WERE ENTITLED TO SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM SACRAMENTO TO FREMONT AT A COST TO THE GOVERNMENT NOT TO EXCEED THE COST OF SHIPMENT FROM RAMEY AIR FORCE BASE TO FREMONT. SHIPMENT BETWEEN THOSE POINTS WAS MADE AT GOVERNMENT EXPENSE. THE SEPARATION ORDERS OF JANUARY 26, 1970, WERE NOT PERMANENT CHANGE-OF- STATION ORDERS FROM CHARLESTON AFB AND NO FURTHER ENTITLEMENT TO TRAVEL OR TRANSPORTATION ALLOWANCES ACCRUED UNDER THE ORDERS OF THAT DATE. THOSE ORDERS SIMPLY EVIDENCE THE FACT THAT YOU WERE RELEASED FROM ACTIVE DUTY ON FEBRUARY 4, 1970, AS DIRECTED BY THE ORDERS OF JANUARY 6, 1970.

THEREFORE, THE ADVICE FURNISHED YOU AT RAMEY AIR FORCE BASE CORRECTLY STATED YOUR ENTITLEMENT INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY. THE SUBSEQUENT ADVICE YOU RECEIVED AT MATHER AIR FORCE BASE TO THE EFFECT THAT A FURTHER SHIPMENT OF YOUR HOUSEHOLD EFFECTS WAS AUTHORIZED UNDER THE ORDERS OF JANUARY 26, 1970, WAS ERRONEOUS AND DOES NOT AFFORD A BASIS FOR PAYMENT OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF DECEMBER 29, 1970, WAS CORRECT AND IS SUSTAINED.