B-196176.OM, JAN 17, 1980

B-196176.OM: Jan 17, 1980

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CLAIMS DIVISION: RETURNED IS FILE Z-2718402 FOR ISSUANCE OF A SETTLEMENT ALLOWING THE CLAIM OF CAPTAIN EDWARD W. TWO SHIPMENTS WERE NECESSARY BECAUSE FROM JANUARY TO JULY. THE MEMBER WAS ASSIGNED TO TEMPORARY DUTY AT VARIOUS LOCATIONS AND THEN PERMANENT DUTY AT NEWPORT NEWS. ONE OF THE TEMPORARY DUTY LOCATIONS WAS WASHINGTON. HIS FAMILY WAS TO RESIDE AT ARLINGTON UNTIL THEY COULD JOIN THE MEMBER AT HIS PERMANENT ASSIGNMENT AT NEWPORT NEWS. HE WAS ADVISED THAT VOLUME 1 OF THE JOINT TRAVEL REGULATIONS (1 JTR) LIMITED HIM TO 800 POUNDS FOR HIS TEMPORARY MOVE TO ARLINGTON AND 13. AS THE MILEAGE FROM HIS PREVIOUS STATION TO ARLINGTON WAS LESS THAN THE MILEAGE TO NEWPORT NEWS. HE WAS TOLD THAT HE COULD SHIP ANY COMBINATION OF WEIGHTS UP TO 13.

B-196176.OM, JAN 17, 1980

CAPTAIN EDWARD W. CLEXTON, JR., USN - CLAIM FOR REIMBURSEMENT OF MOVING EXPENSES - B-196176-O.M.

DIRECTOR, CLAIMS DIVISION:

RETURNED IS FILE Z-2718402 FOR ISSUANCE OF A SETTLEMENT ALLOWING THE CLAIM OF CAPTAIN EDWARD W. CLEXTON, JR., USN, FOR REIMBURSEMENT OF MOVING EXPENSES PREVIOUSLY COLLECTED FROM HIM BY THE NAVY.

IN JANUARY 1975, INCIDENT TO A PERMANENT CHANGE OF STATION, COMMANDER (NOW CAPTAIN) CLEXTON MOVED HIS HOUSEHOLD EFFECTS FROM HIS LAST PERMANENT DUTY STATION AT BOISE, IDAHO, TO TWO LOCATIONS AT GOVERNMENT EXPENSE. SHIPPED APPROXIMATELY 3,000 POUNDS TO ARLINGTON, VIRGINIA, HIS HOME OF RECORD AND APPROXIMATELY 10,000 POUNDS FOR STORAGE AT NEWPORT NEWS, VIRGINIA. TWO SHIPMENTS WERE NECESSARY BECAUSE FROM JANUARY TO JULY, THE MEMBER WAS ASSIGNED TO TEMPORARY DUTY AT VARIOUS LOCATIONS AND THEN PERMANENT DUTY AT NEWPORT NEWS. ONE OF THE TEMPORARY DUTY LOCATIONS WAS WASHINGTON, D. C., NEAR ARLINGTON, VIRGINIA. HIS FAMILY WAS TO RESIDE AT ARLINGTON UNTIL THEY COULD JOIN THE MEMBER AT HIS PERMANENT ASSIGNMENT AT NEWPORT NEWS.

PRIOR TO SHIPPING HIS HOUSEHOLD EFFECTS, COMMANDER CLEXTON CONSULTED WITH APPROPRIATE NAVY PERSONNEL TO ASCERTAIN WHAT COSTS WOULD BE BORNE BY THE GOVERNMENT. HE WAS ADVISED THAT VOLUME 1 OF THE JOINT TRAVEL REGULATIONS (1 JTR) LIMITED HIM TO 800 POUNDS FOR HIS TEMPORARY MOVE TO ARLINGTON AND 13,000 POUNDS FOR HIS PERMANENT MOVE TO NEWPORT NEWS. HOWEVER, AS THE MILEAGE FROM HIS PREVIOUS STATION TO ARLINGTON WAS LESS THAN THE MILEAGE TO NEWPORT NEWS, HE WAS TOLD THAT HE COULD SHIP ANY COMBINATION OF WEIGHTS UP TO 13,000 POUNDS TO EACH LOCATION BUT THEN THE GOVERNMENT WOULD ONLY PAY FOR UP TO 800 POUNDS FOR ANY SUBSEQUENT SHIPMENTS FROM ARLINGTON TO NEWPORT NEWS.

UPON COMPLETION OF THE INITIAL MOVE OF 3,000 POUNDS TO ARLINGTON AND 10,000 POUNDS TO NEWPORT NEWS AS WELL AS A SUBSEQUENT SHIPMENT OF 800 POUNDS FROM ARLINGTON TO NEWPORT NEWS, THE NAVY INFORMED THE MEMBER THAT HIS SHIPMENT TO ARLINGTON EXCEEDED HIS TEMPORARY DUTY AUTHORIZED WEIGHT ALLOWANCE OF 800 POUNDS. THE NAVY DETERMINED THAT THE MEMBER HAD SHIPPED 2,271 POUNDS AND COLLECTED $752.13 FROM COMMANDER CLEXTON.

UNDER 1 JTR, PARA. M8257 (PARA. M8255, AT THE TIME IN QUESTION) THE CLAIMANT WAS ENTITLED TO SHIP A PORTION OF HIS HOUSEHOLD GOODS INCIDENT TO HIS TEMPORARY DUTY IF WITHIN THE AUTHORIZED WEIGHT ALLOWANCE. AT THE TIME IN QUESTION, THE MEMBER, A COMMANDER IN THE NAVY, WAS ENTITLED TO SHIP 800 POUNDS. 1 JTR, PARA. M8003. THEREFORE, THE MEMBER'S SHIPMENT OF 3,000 POUNDS SEEMINGLY VIOLATES THE PROVISIONS OF PARA. M8257. HOWEVER, THIS CONCLUSION IS NOT WARRANTED WHEN CONSIDERATION IS GIVEN TO THE EFFECT OF THE MEMBER'S TOTAL MOVEMENT OF HIS HOUSEHOLD GOODS.

UNDER 1 JTR, PARA. M8003, COMMANDER CLEXTON WAS ENTITLED TO A PERMANENT CHANGE-OF-STATION WEIGHT ALLOWANCE OF 13,000 POUNDS. HAVING QUALIFIED FOR THIS ENTITLEMENT, THE MEMBER'S USE OF THIS ENTITLEMENT IS GOVERNED BY PARA. M8007-2 WHICH PROVIDES THAT THE GOVERNMENT'S MAXIMUM LIABILITY IS LIMITED TO A ONE LOT DIRECT SHIPMENT TO THE NEW PERMANENT DUTY STATION OF THE MEMBER'S PRESCRIBED WEIGHT ALLOWANCE. THIS REGULATION ALSO PROVIDES THAT THE MEMBER IS RESPONSIBLE FOR ANY ADDITIONAL COSTS ARISING FROM MULTIPLE SHIPMENTS, EXCESS WEIGHTS, OR DISTANCES IN EXCESS OF THAT BETWEEN AUTHORIZED PLACES. FURTHERMORE, 1 JTR, PARA. M8009 ALLOWS FOR THE MEMBER TO DEVIATE FROM THE REGULATION BY SHIPPING HIS GOODS:

1. IN MULTIPLE LOTS TO THE SAME DESTINATION;

2. WITH SPECIAL SERVICES SUCH AS ADDITIONAL VALUATION, SPECIAL LOADING AND OTHERS; AND

3. FROM AND TO ANY POINTS, AS LONG AS HE BEARS ANY ADDITIONAL COSTS INCURRED FROM THESE SERVICES.

THE EFFECT OF THE ABOVE REGULATIONS IS THAT THE ONE LOT DIRECT SHIPMENT AT THE MEMBER'S PRESCRIBED WEIGHT ALLOWANCE ESTABLISHES A CONSTRUCTIVE COST WHICH THE MEMBER MAY NOT EXCEED; HOWEVER, HE CAN SHIP HIS PRESCRIBED WEIGHT OF HOUSEHOLD GOODS FROM OR TO ANY LOCATION (OR LOCATIONS) IN SINGLE OR MULTIPLE LOTS AT GOVERNMENT EXPENSE IF HE DOES NOT EXCEED THE ESTABLISHED CONSTRUCTIVE COST. SEE B-189015, SEPTEMBER 6, 1977; AND B-183385, APRIL 28, 1976.

WITH THE ABOVE ANALYSIS IN MIND, THE FACTS OF THE INSTANT CASE INDICATE THAT THE MEMBER DID NOT EXCEED HIS TEMPORARY CHANGE-OF-STATION WEIGHT ALLOWANCE. THIS RESULTS BECAUSE THE WEIGHT DEEMED EXCESS UNDER THIS ALLOWANCE WAS ACTUALLY A SECOND SHIPMENT UNDER HIS PERMANENT CHANGE-OF- STATION WEIGHT ALLOWANCE. CLEARLY, IF THE MEMBER'S TWO SHIPMENTS FROM BOISE HAD NOT DESIGNATED PART OF THE ARLINGTON SHIPMENT AS 800 POUNDS UNDER A TEMPORARY DUTY ALLOWANCE, THE GOVERNMENT WOULD HAVE BORNE THE COST FOR THE SHIPMENTS UNDER THE MEMBER'S PERMANENT CHANGE-OF-STATION ENTITLEMENT. THE APPROPRIATE NAVY PERSONNEL RECOGNIZED THIS AND REALIZED THAT THE TEMPORARY DUTY ALLOWANCE HAD TO BE DESIGNATED ONLY BECAUSE THIS ENTITLED THE MEMBER TO A SUBSEQUENT RESHIPMENT OF THESE GOODS AT GOVERNMENT EXPENSE TO THE PERMANENT DUTY STATION.

ACCORDINGLY, BOTH THE MEMBER AND NAVY PERSONNEL INTENDED AND ACCOMPLISHED TWO SHIPMENTS WHICH CONSISTED OF A SHIPMENT OF 800 POUNDS UNDER THE TEMPORARY ALLOWANCE AND 2,271 POUNDS UNDER THE PERMANENT ALLOWANCE TO ARLINGTON AND A SHIPMENT OF 10,000 POUNDS UNDER THE PERMANENT ALLOWANCE TO NEWPORT NEWS.

THE MEMBER MAY BE REIMBURSED UP TO THE CONSTRUCTIVE COST OF HIS PERMANENT WEIGHT ALLOWANCE OF 13,000 POUNDS LESS THE AMOUNT EXPENDED FOR THE 10,000- POUND SHIPMENT UNDER THIS ALLOWANCE.