B-77019, JUN 30, 1946

B-77019, JUN 30, 1946

PRECIS-UNAVAILABLE

THE HONORABLE, THE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO YOUR LETTER OF MAY 29, 1948, RELATIVE TO DECISIONS B -70497 OF NOVEMBER 12, 1947; B-53177 OF NOVEMBER 19, 1945; AND A-53081, OF FEBRUARY 15, 1934, PERTAINING TO THE PACKING, CRATING AND SHIPMENT OF HOUSEHOLD EFFECTS OF MILITARY PERSONNEL UPON PERMANENT CHANGE OF STATION, RETIREMENT, AND WHEN OFFICIALLY REPORTED AS INJURED, DEAD, MISSING, ETC., AND REQUESTING ADVICE AS TO WHETHER THIS OFFICE COULD BE REQUIRED TO OBJECT TO THE FURNISHING OF TRANSPORTATION (OR REIMBURSEMENT IN LIEU THEREOF), OF HOUSEHOLD EFFECTS, WITHIN AUTHORIZED ALLOWANCES, TO A POINT ADJACENT TO THE PLACE AT WHICH THE GOODS ARE LOCATED IN CASES AS FOLLOWS:

"*** (1) THE GOODS OF AN OFFICER WERE LOCATED WITHIN THE CITY OF WASHINGTON, D.C. DURING SAID OFFICER'S SERVICE OVERSEAS, WASHINGTON, D.C. HAVING BEEN SELECTED AS PLACE OF RESIDENCE FOR DEPENDENT. UPON REPORT OF HIS DEATH HIS WIDOW REQUESTED THAT SAID GOODS BE SHIPPED TO A POINT ADJACENT TO WASHINGTON, D.C., I.E., ARLINGTON, VIRGINIA, OR CHEVY CHASE, MARYLAND: (2) AN OFFICER WHILE ON PERMANENT DUTY AT WASHINGTON, D.C., IS RETIRED, SELECTS A POINT ADJACENT TO WASHINGTON, D.C. AS HIS HOME, I.E., ARLINGTON, VIRGINIA OR CHEVY CHASE, MARYLAND AND REQUESTS SHIPMENT OF HIS HOUSEHOLD GOODS FROM WASHINGTON, D.C. TO SAID PLACE."

THE STATUTORY AUTHORITY FOR THE PACKING, CRATING AND SHIPMENT OF HOUSEHOLD EFFECTS OF PERSONNEL OFFICIALLY REPORTED AS INJURED, DEAD, MISSING, ETC., IS CONTAINED IN SECTION 12 OF THE MISSING PERSONS ACT OF MARCH 7, 1942, 56 STAT. 343, 146, WHICH PROVIDES THAT SUCH EFFECTS MAY BE MOVED (INCLUDING PACKING AN UNPACKING), TO THE OFFICIAL RESIDENCE OF RECORD OF SUCH PERSONNEL, OR, UPON APPLICATION BY THE DEPENDENTS, TO SUCH OTHER LOCATION AS MAY BE DETERMINED BY THE HEAD OF THE DEPARTMENT CONCERNED, BY THE USE OF EITHER COMMERCIAL OR GOVERNMENT TRANSPORTATION. THUS, AS STATED IN DECISION B-70497, SUPRA (27 COMP.GEN. 274), WHILE THE STATUTE MAKES SPECIFIC PROVISION FOR THE MOVEMENT OF HOUSEHOLD EFFECTS TO THE "OFFICIAL RESIDENCE TO RECORD" OR TO "SUCH OTHER LOCATIONS" AS MAY BE DESIGNATE, THERE APPEARS NO STATUTORY INTENT TO AUTHORIZE THE MOVEMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FROM ONE PLACE TO ANOTHER AT, OR EITHER THE IMMEDIATE VICINITY OF, THE HOME OF RECORD OR THE CITY DESIGNATED IN PREFERENCE THERETO. THAT IS TO SAY, WHERE THE HOUSEHOLD EFFECTS ARE AT THE HOME OF RECORD OR THE PLACE SELECTED IN LIEU THEREOF, THE STATUTE APPARENTLY CONTEMPLATES NO FURTHER MOVEMENT AT PUBLIC EXPENSE. IN VIEW THEREOF, AND SINCE EARLIER STATUTES PROVIDING FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MILITARY AND NAVAL PERSONNEL CONSISTENTLY HAVE BEEN CONSTRUED AS PROVIDING NO AUTHORITY FOR THE HAULING OF HOUSEHOLD EFFECTS FROM ONE LOCATION TO ANOTHER AT THE SAME STATION OR FROM ONE RESIDENCE TO ANOTHER IN OR NEAR THE SAME CITY, IT WAS CONCLUDED IN THE SAID DECISION OF NOVEMBER 12, 1947, THAT THE ROLE SO ESTABLISHED WOULD APPEAR EQUALLY APPLICABLE TO MOVEMENTS OF HOUSEHOLD EFFECTS UNDER THE PROVISIONS OF THE SAID MISSING PERSONS ACT. THERE APPEARS NO COGENT REASON WHY THAT CONCLUSION SHOULD NOW BE MODIFIED. HENCE, IN THE CASE PRESENTED AS EXAMPLE (1), IT MUST BE HELD THAT SHIPMENT FROM ONE RESIDENCE TO ANOTHER WITHIN THE ENVIRONS OF THE SAME CITY IS NOT AUTHORIZED AT PUBLIC EXPENSE.

SINCE AUGUST 2, 1946, THE STATUTORY AUTHORITY FOR PACKING, CRATING AND SHIPMENT OF HOUSEHOLD EFFECTS UPON CHANGE OF STATION HAS BEEN CONTAINED IN SECTION 32 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY SECTION 205(A) OF THE ACT OF AUGUST 2, 1946, 60 STAT. 860, AS FOLLOWS:

"UPON CHANGES OF STATION, MEMBERS OF THE SERVICE MENTIONED IN THE TITLE OF THIS ACT SHALL BE ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD GOODS AND EFFECTS, OR REIMBURSEMENT THEREOF, AS AUTHORIZED BY REGULATIONS PRESCRIBED BY THE HEADS OF THE DEPARTMENT CONCERNED, WHICH SHALL BE UNIFORM FOR THE SERVICES MENTIONED AND SHALL BE APPROVED BY THE PRESIDENT. SUCH TRANSPORTATION MAY BE BY RAIL, WATER OR VAN, WITHOUT REGARD TO COMPARATIVE COSTS."

SECTION 205(B) OF THE SAID ACT OF AUGUST 2, 1946, REPEALS THE PRIOR STATUTORY PROVISION FOR TRANSPORTATION OF HOUSEHOLD EFFECTS UPON CHANGE OF STATION AND SINCE IT IS UNDERSTOOD THAT NO REGULATIONS, APPROVED BY THE PRESIDENT, HAVE YET BEEN ISSUED AS REQUIRED BY THE NEW PROVISION, A SPECIFIC DECISION AS TO THE CASE PRESENTED AS EXAMPLE (2) WOULD NOT APPEAR TO BE APPROPRIATE AT THIS TIME. 26 COMP.GEN. 533, 538. HOWEVER, IT MAY BE STATED THAT UNDER THE NEW PROVISION OF LAW THE RIGHT TO TRANSPORTATION OF HOUSEHOLD EFFECTS, SUBJECT TO UNIFORM REGULATIONS APPROVED BY THE PRESIDENT, IS CONDITIONED SPECIFICALLY UPON "CHANGES OF STATION; AND THAT IT CONSISTENTLY HAS BEEN HELD THAT THE MOVEMENT OF HOUSEHOLD EFFECTS FROM ONE RESIDENCE TO ANOTHER AT, OR WITHIN THE IMMEDIATE VICINITY OF, THE SAME STATION OR CITY, DOES NOT CONSTITUTE A CHANGE OF STATION SHIPMENT OF HOUSEHOLD EFFECTS. THE PRINCIPLES UPON WHICH THE DECISIONS SO HOLDING ARE BASED UNQUESTIONABLY ARE SOUND. SEE FOR EXAMPLE 13 COMP.GEN. 210. HENCE, THERE APPEARS NO REASON WHY THE MOVEMENT OF HOUSEHOLD EFFECTS FROM RESIDENCE AT LAST STATION TO AN ADJACENT POINT UPON RETIREMENT NOW SHOULD BE CONSIDERED AS A SHIPMENT AUTHORIZED TO BE MADE AT PUBLIC EXPENSE.