B-145722, MAY 17, 1961

B-145722, MAY 17, 1961

TO CAPTAIN ARTHUR S. HILL, USN, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 19, 1961, REQUESTING REVIEW OF SETTLEMENT DATED APRIL 14, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXTRA DELIVERY CHARGES INCURRED IN CONNECTION WITH THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM PALO ALTO, CALIFORNIA, TO RANCHO SANTA FE, CALIFORNIA.

BY ORDERS DATED FEBRUARY 27, 1959, AND SECOND ENDORSEMENT TO THOSE ORDERS DATED JUNE 30, 1959, YOU WERE RELEASED FROM ACTIVE DUTY AND PLACED ON THE RETIRED LIST OF THE NAVY EFFECTIVE JULY 1, 1959. PURSUANT TO YOUR APPLICATION DATED JUNE 10, 1960, IN WHICH YOU AGREED TO PAY ALL COSTS NOT AUTHORIZED BY THE REGULATIONS TO BE PAID BY THE GOVERNMENT, 1,300 POUNDS OF YOUR EFFECTS, SHIPMENT NO. 5, WERE SHIPPED FROM PALO ALTO TO YOUR SELECTED HOME AT RANCHO SANTA FE, CALIFORNIA. HOWEVER, NO ONE WAS AT YOUR HOME WHEN THE CARRIER ATTEMPTED TO DELIVER THE HOUSEHOLD EFFECTS RESULTING IN CHARGE OF $18 FOR LOST TIME BY THE CARRIER. THAT AMOUNT WAS PAID TO THE CARRIER BY THE GOVERNMENT AND WAS COLLECTED FROM YOU BY ADJUSTMENT IN YOUR PAY RECORD.

IN CLAIMING REFUND OF THIS AMOUNT YOU CONTEND THAT THE TRANSPORTATION OFFICER AT THE NAVY SUPPLY CENTER, SAN DIEGO, ADVISED YOU THAT THE CARRIER WOULD DELIVER YOUR EFFECTS PRIOR TO 1800 HOURS ON A GIVEN DATE. IT IS YOUR VIEW THAT YOUR RESPONSIBILITY TO WAIT FOR THE SHIPMENT ENDED AT THAT HOUR AND THEREFORE PAYMENT FOR ADDITIONAL CHARGES FOR DELIVERY MADE AFTER 1800 HOURS MUST BE MADE BY THE CARRIER OR THE GOVERNMENT.

UNDER THE APPLICABLE STATUTE AND REGULATIONS YOU WERE ENTITLED INCIDENT TO YOUR RELIEF FROM ACTIVE DUTY TO THE TRANSPORTATION OF YOUR EFFECTS FROM YOUR LAST DUTY STATION TO THE PLACE YOU ELECTED TO RECEIVE TRAVEL ALLOWANCES FOR YOUR TRAVEL UNDER THE PROVISIONS OF PARAGRAPH 4157 OF THE JOINT TRAVEL REGULATIONS. HOWEVER, IT WAS YOUR RESPONSIBILITY, AS OWNER, TO MAKE PROPER ARRANGEMENTS FOR ACCEPTANCE OF THE GOODS UPON ARRIVAL AT DESTINATION. THE GOVERNMENT'S OBLIGATION EXTENDS NO FURTHER THAN TO PROVIDE THE MEANS NECESSARY FOR THE TRANSPORTATION OF THE HOUSEHOLD EFFECTS. WHILE THE REGULATIONS TAKE COGNIZANCE OF THE FACT THAT THE GOVERNMENT MAY BE OBLIGATED FOR EXCESS OR EXTRAORDINARY EXPENSES RESULTING FROM IMPROPER SHIPMENT TO AN ERRONEOUS DESTINATION POINT WITHOUT ANY FAULT ON THE MEMBER'S PART, NEITHER THE STATUTE NOR THE REGULATIONS MAKE THE GOVERNMENT AN INSURER THAT THE CARRIER WILL PERFORM THE REQUIRED SERVICES WITHIN A SPECIFIC TIME LIMITATION OR TO THE PERSONAL SATISFACTION OF THE MEMBER.

WHEN THE TRANSPORTATION OFFICER AT SAN DIEGO STATED THAT DELIVERIES WOULD BE MADE BY 1800 HOURS ON A PARTICULAR DAY, HE APPARENTLY WAS ADVISING YOU AS TO THE STANDARD OPERATING PROCEDURE GENERALLY FOLLOWED BY CARRIERS IN THE NORMAL COURSE OF BUSINESS AND PRESUMABLY THAT DELIVERY TIME WAS MET BY THE CARRIER IN DELIVERING YOUR OTHER FOUR SHIPMENTS. SUCH INFORMATION, HOWEVER, WAS IN NOWISE A GUARANTEE AS TO DELIVERY TIME AND AFFORDS NO BASIS FOR OBLIGATING THE GOVERNMENT TO PAY EXTRA DELIVERY CHARGES MADE BY THE CARRIER AS THE RESULT OF AN UNSUCCESSFUL DELIVERY ATTEMPT AFTER THAT TIME. ACCORDINGLY, IT MUST BE CONCLUDED THAT THE GOVERNMENT COMPLETED ITS OBLIGATION TO SHIP YOUR EFFECTS FROM YOUR LAST DUTY STATION TO YOUR HOME WHEN THE CARRIER ATTEMPTED TO DELIVER THE EFFECTS.