B-175338, NOV 27, 1972

B-175338, NOV 27, 1972

MILITARY PERSONNEL - SHIPMENT OF HOUSEHOLD GOODS - WAIVER OF FURTHER SHIPMENTS DECISION ALLOWING THE CLAIM OF WILLIAM J. BLAND FOR REIMBURSEMENT OF THE COST OF SHIPMENT OF A PORTION OF HIS HOUSEHOLD GOODS FROM STORAGE IN DALLAS, TEX. TO HIS HOME IN ST. LOUIS, MO., INCIDENT TO HIS RELEASE FROM ACTIVE DUTY IN THE U.S. ARMY, PROVIDED THAT THIS COST IS NOT IN EXCESS OF WHAT THE GOVERNMENT WOULD HAVE PAID FOR THE SHIPMENT AND PROVIDED FURTHER THAT ANY EXCESS COSTS INCURRED BY VIRTUE OF THE ERRONEOUS LOCAL DRAYAGE TO HIS FATHER'S RESIDENCE ARE DEDUCTED. EVEN IF ALL OF A MEMBER'S HOUSEHOLD GOODS ARE DELIVERED TO THE MEMBER'S LOCAL AGENT, WHO SIGNED A WAIVER WHICH STATED THAT THIS LOCAL DRAYAGE OF THE GOODS PRECLUDED ANY FURTHER SHIPMENT OF THEM AT GOVERNMENT EXPENSE BUT WHO ONLY ACCEPTED A PORTION OF THE GOODS, THE REMAINDER OF THE GOODS BEING RETURNED TO THE LOCAL WAREHOUSE, THEN THE MEMBER CAN STILL BE REIMBURSED FOR THE COST OF A FURTHER SHIPMENT OF THOSE GOODS RETURNED TO THE WAREHOUSE, IF HE ORIGINALLY HAD INTENDED THAT PORTION TO BE DELIVERED TO HIS NON-LOCAL RESIDENCE, SINCE THE WAIVER STATEMENT IN SUCH A CASE IS INTENDED TO APPLY ONLY TO THAT PORTION OF THE GOODS WHICH WERE ACTUALLY DELIVERED TO AND ACCEPTED BY THE MEMBER'S LOCAL AGENT.

TO MR. WILLIAM J. BLAND:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 17, 1972, REQUESTING RECONSIDERATION OF OUR CLAIMS DIVISION SETTLEMENT OF FEBRUARY 3, 1972, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPMENT OF A PORTION OF YOUR HOUSEHOLD GOODS FROM STORAGE IN DALLAS, TEXAS, TO YOUR HOME IN ST. LOUIS, MISSOURI, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY IN THE UNITED STATES ARMY.

BY SPECIAL ORDER NO. 204, PARAGRAPH 7, DATED SEPTEMBER 22, 1970, ISSUED BY HEADQUARTERS, FORT SAM HOUSTON, TEXAS, YOU WERE RELIEVED FROM ACTIVE DUTY EFFECTIVE SEPTEMBER 25, 1970. THE RECORD SHOWS THAT AT THE TIME OF YOUR RELEASE FROM ACTIVE DUTY, YOUR HOUSEHOLD GOODS WERE STORED AT SEVERAL LOCATIONS IN THE UNITED STATES. APPROXIMATELY 2,000 POUNDS OF YOUR HOUSEHOLD GOODS WERE STORED AT THE DALLAS NAVAL AIR STATION FACILITY, AND IT IS AROUND THIS PORTION OF YOUR HOUSEHOLD GOODS THAT YOUR CLAIM REVOLVES.

THE BACKGROUND OF THIS CLAIM INDICATES THAT YOU HAD INTENDED THAT APPROXIMATELY 500 POUNDS OF YOUR HOUSEHOLD GOODS STORED IN DALLAS BE DELIVERED TO YOUR FATHER'S RESIDENCE IN DALLAS AND THE REMAINDER, APPROXIMATELY 1500 POUNDS, TO BE SHIPPED ON TO YOU AT YOUR HOME IN ST. LOUIS, MISSOURI. APPARENTLY, YOUR FATHER WAS TO KEEP A PORTION OF YOUR HOUSEHOLD GOODS AT HIS RESIDENCE. IN LINE WITH THE FOREGOING, YOU HAD SENT THE HOUSEHOLD GOODS SECTION, NAVAL AIR STATION, DALLAS, TEXAS, A LETTER IN WHICH YOU AUTHORIZED YOUR FATHER, MR. CLARENCE J. BLAND, TO ACT IN YOUR BEHALF IN SETTLING THE DISPOSITION OF YOUR HOUSEHOLD GOODS. THIS POINT, AN APPLICATION FOR SHIPMENT OF HOUSEHOLD GOODS (DD FORM 1299) WAS ADMINISTRATIVELY PREPARED INDICATING THE ENTIRE AMOUNT, APPROXIMATELY 2,000 POUNDS OF HOUSEHOLD GOODS HELD IN STORAGE WAS TO BE DELIVERED TO YOUR FATHER IN DALLAS. IN POINT OF FACT, ONLY 520 POUNDS WERE DELIVERED TO YOUR FATHER'S RESIDENCE, AND THE REMAINING 1540 POUNDS WERE RETURNED TO THE STORAGE WAREHOUSE.

IN THIS CONNECTION, AT THE TIME OF DELIVERY YOUR FATHER SIGNED THE PREPARED "APPLICATION FOR SHIPMENT" FORM WHICH CONTAINED A TYPED-IN STATEMENT THAT:

"I UNDERSTAND THAT LOCAL DRAYAGE OF THIS PORTION OF MY HHG PRECLUDES FURTHER SHIPMENT OF SUCH."

THEREAFTER, WHEN YOU INQUIRED AS TO WHEN THE REMAINDER OF YOUR HOUSEHOLD GOODS WOULD BE DELIVERED TO ST. LOUIS, YOU WERE INFORMED THAT IT HAD BEEN RETURNED TO THE WAREHOUSE IN DALLAS. YOU THEN HAD THE REMAINDER, 1540 POUNDS, SHIPPED ON FEBRUARY 3, 1971, FROM THE WAREHOUSE IN DALLAS, TEXAS, TO ST. LOUIS, MISSOURI, AT A COST TO YOU OF $215.28, FOR WHICH YOU SEEK REIMBURSEMENT.

YOUR CLAIM FOR SUCH AMOUNT WAS DISALLOWED BY CLAIMS DIVISION SETTLEMENT OF FEBRUARY 3, 1972, ON THE BASIS THAT YOUR FATHER, IN SIGNING THE APPLICATION FORM CONTAINING THE STATEMENT THAT LOCAL DRAYAGE PRECLUDED FURTHER SHIPMENT OF YOUR HOUSEHOLD GOODS WAS ACTING UNDER YOUR INSTRUCTIONS AND WAIVED YOUR RIGHT TO FURTHER TRANSPORTATION OF THE ENTIRE LOT WHICH HAD BEEN STORED IN DALLAS. YOU CONTEND THESE WERE NOT YOUR INSTRUCTIONS, AND THAT YOUR FATHER MISTAKENLY SIGNED THE FORM ASSUMING YOUR REMAINING HOUSEHOLD GOODS WOULD CONTINUE ON TO YOU AT ST. LOUIS.

SECTION 406 OF TITLE 37, U.S. CODE, PROVIDES THAT IN CONNECTION WITH A PERMANENT CHANGE OF STATION, A MEMBER IS ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR, SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED.

PARAGRAPH M8259-1 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY, PROVIDES THAT A MEMBER ON ACTIVE DUTY WHO IS SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY IS ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS FROM THE MEMBER'S LAST OR ANY PREVIOUS PERMANENT DUTY STATION; FROM A DESIGNATED PLACE TO WHICH TRANSPORTED AT GOVERNMENT EXPENSE; OR A PLACE OF AUTHORIZED STORAGE, TO THE PLACE TO WHICH THE MEMBER RECEIVED TRAVEL ALLOWANCE FOR HIS TRAVEL ON SUCH SEPARATION OR RELEASE FROM ACTIVE DUTY. IN THIS CONNECTION, PARAGRAPH M8007-2 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE GOVERNMENT'S MAXIMUM TRANSPORTATION OBLIGATION IS THE COST OF A THROUGH HOUSEHOLD GOODS MOVEMENT OF A MEMBER'S PRESCRIBED WEIGHT ALLOWANCE IN ONE LOT BETWEEN AUTHORIZED PLACES AT AN EVALUATION EQUIVALENT TO THE LOWEST APPLICABLE RATE ESTABLISHED IN THE CARRIERS TARIFFS.

IN LINE WITH THE FOREGOING, PARAGRAPH M8011 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE AUTHORITY FOR SHIPMENT OF HOUSEHOLD GOODS EXTENDS TO THE THROUGH SHIPMENT TO AUTHORIZED ULTIMATE DESTINATION AND THAT SHIPMENT MAY NOT BE MADE FOR THE CONVENIENCE OF A MEMBER TO SOME OTHER PLACE FOR RESHIPMENT LATER TO ULTIMATE DESTINATION. IT APPARENTLY WAS WITH THIS IN MIND THAT THE STATEMENT ABOUT PRECLUDING FURTHER TRANSPORTATION OF THIS PORTION OF YOUR HOUSEHOLD GOODS WAS TYPED ON YOUR APPLICATION FOR SHIPMENT OF HOUSEHOLD GOODS.

HOWEVER, IN THE PRESENT CASE IT APPEARS THAT IT WAS YOUR INTENT THAT ONLY A PORTION OF YOUR HOUSEHOLD GOODS WERE TO BE DELIVERED TO YOUR FATHER'S RESIDENCE IN DALLAS WITH THE REMAINDER BEING SENT ON TO YOUR RESIDENCE IN ST. LOUIS. IN THESE CIRCUMSTANCES, IT APPEARS REASONABLE TO CONSIDER THAT THE WAIVER STATEMENT ON WHICH YOUR CLAIM WAS INITIALLY DISALLOWED WAS INTENDED TO AND SHOULD ONLY APPLY TO THAT PORTION OF HOUSEHOLD GOODS DELIVERED TO YOUR FATHER'S RESIDENCE AND ACCEPTED BY HIM.

BASED ON THE FOREGOING YOUR CLAIM FOR REIMBURSEMENT FOR THE REMAINDER OF YOUR HOUSEHOLD GOODS SHIPPED TO ST. LOUIS WILL BE ALLOWED NOT IN EXCESS OF THE AMOUNT WHICH THE GOVERNMENT WOULD HAVE PAID FOR THE SHIPMENT, LESS ANY EXCESS COST INCURRED BY VIRTUE OF THE ERRONEOUS LOCAL DRAYAGE TO YOUR FATHER'S RESIDENCE.

A SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.