B-127640, AUG. 7, 1956

B-127640, AUG. 7, 1956

TO CAPTAIN WILLIAM A. O-HEARN, USAF:

REFERENCE IS MADE TO YOUR LETTER OF JULY 10, 1956, CONCERNING YOUR INDEBTEDNESS IN THE SUM OF $77.96 AS EXCESS COST FOR TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS INCIDENT TO CHANGE OF STATION ORDERS DATED JULY 26, 1954. YOU REFER TO THE TRAVEL ORDERS DATED DECEMBER 20, 1954, WHICH AUTHORIZED YOUR DEPENDENTS' (WIFE AND SIX CHILDREN) TRAVEL TO YOUR OVERSEAS STATION INCIDENT TO YOUR PERMANENT CHANGE OF STATION AND WHICH AUTHORIZED SHIPMENT OF HOUSEHOLD EFFECTS TO DESTINATION. YOU INQUIRE WHETHER THE INDEBTEDNESS MIGHT BE CANCELED ON THE BASIS THAT THE HOUSEHOLD GOODS COULD HAVE BEEN MOVED UNDER THOSE ORDERS. IT APPEARS TO BE YOUR VIEW THAT YOU WERE ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS UNDER YOUR CHANGE OF STATION ORDERS TRANSFERRING YOU OVERSEAS AND ALSO TO AN ADDITIONAL INDEPENDENT SHIPMENT UNDER THE ORDERS PROVIDING FOR YOUR DEPENDENTS' TRAVEL TO YOUR OVERSEAS STATION SINCE THE LATTER ORDERS AUTHORIZED THE SHIPMENT OF HOUSEHOLD GOODS.

THE AUTHORITY FOR THE SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. THAT SECTION PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED IN CONNECTION WITH A CHANGE OF STATION, TO "TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS" TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARY CONCERNED. THE STATUTORY AUTHORITY BASICALLY IS FOR THE TRANSPORTATION OR THE REIMBURSEMENT OF THE COST OF SHIPPING HOUSEHOLD EFFECTS OF MILITARY PERSONNEL TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED INCIDENT TO THE CHANGE OF STATION OF THE MEMBER. ONLY THE MEMBER IS ENTITLED TO THE MOVEMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE INCIDENT TO A GIVEN SET OF CHANGE OF STATION ORDERS, THAT IS TO SAY, NO ALLOWANCE IS PAYABLE TO DEPENDENTS OF THE MEMBER FOR SHIPMENT OF HOUSEHOLD GOODS.

YOUR CHANGE OF STATION ORDERS OF JULY 26, 1954, DID NOT AUTHORIZE TRAVEL OF YOUR DEPENDENTS OR SHIPMENT OF HOUSEHOLD EFFECTS. IT WAS FOR THIS REASON THAT YOU WERE ENTITLED UNDER THE PROVISIONS OF PARAGRAPH 8009-4 (B) (2) OF THE JOINT TRAVEL REGULATIONS, QUOTED IN OUR DECISION TO YOU DATED JUNE 1, 1956, B-127640, TO SHIP YOUR HOUSEHOLD EFFECTS TO THE NEAREST AVAILABLE NONTEMPORARY STORAGE OR TO A DESIGNATED LOCATION WITHIN THE UNITED STATES. WHEN YOUR DEPENDENTS WERE PERMITTED TO TRAVEL TO YOUR OVERSEAS STATION YOU WERE ENTITLED UNDER THE ORDERS OF DECEMBER 20, 1954, TO SHIP YOUR AUTHORIZED WEIGHT ALLOWANCE OF HOUSEHOLD EFFECTS FROM THE DESIGNATED PLACE TO WHICH THEY HAD BEEN SHIPPED, MINOT, NORTH DAKOTA,"TO DESTINATION," THAT IS, TO COMPLETE THE SHIPMENT TO YOUR OVERSEAS STATION. THERE WAS NO RIGHT, HOWEVER, TO SHIP THE GOODS TO ANOTHER PLACE EXCEPT, AS WE STATED IN OUR DECISION OF JUNE 1, 1956, THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM MINOT TO VELOX, WASHINGTON, FOR STORAGE COULD HAVE BEEN MADE AT GOVERNMENT EXPENSE UPON APPROVAL BY THE SECRETARY OF THE AIR FORCE OR HIS DESIGNATED REPRESENTATIVE. SINCE YOU SAY YOU DID NOT REQUEST PERMISSION FROM THE SECRETARY OF THE AIR FORCE OR HIS DESIGNATED REPRESENTATIVE TO SHIP YOUR HOUSEHOLD EFFECTS FROM MINOT TO VELOX YOU ARE INDEBTED TO THE UNITED STATES FOR $77.96, AS EXPLAINED IN THE DECISION OF JUNE 1, 1956.

ACCORDINGLY, YOU ARE REQUESTED TO SEND TO OUR CLAIMS DIVISION, POST OFFICE BOX 2610, WASHINGTON, D.C., A CHECK OR MONEY ORDER IN THE SUM OF $77.96 MADE PAYABLE TO THE UNITED STATES GENERAL ACCOUNTING OFFICE.