B-136611, JUL. 18, 1958

B-136611, JUL. 18, 1958

TO LIEUTENANT COLONEL HOWARD H. HAWKEN, USAR:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 10, 1958, REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 5, 1958, WHICH DISALLOWED YOUR CLAIM FOR $641.70 IN CONNECTION WITH THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM CHICAGO, ILLINOIS, TO SEATTLE, WASHINGTON.

BY PARAGRAPH 3, SPECIAL ORDERS NO. 177, DATED AUGUST 31, 1954, FORT MYER, VIRGINIA, YOU WERE RELIEVED FROM ACTIVE DUTY AND DIRECTED TO PROCEED TO YOUR HOME, HUNTINGTON WOODS, MICHIGAN. ON SEPTEMBER 3, 1954, YOU EXECUTED AN APPLICATION FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM ARLINGTON, VIRGINIA, TO "MILWAUKEE RR (C.M.ST. P AND P) FREIGHT AGENT (SEATTLE, WASH)" AND DESIGNATED THE NATIONAL CARLOADING CORPORATION TO RECEIVE THE PROPERTY AT DESTINATION. IN EXECUTING THE APPLICATION YOU AGREED TO PAY ANY EXCESS COST INCURRED AND SPECIFIED THAT YOU WERE REQUESTING SPECIAL ROUTING AND SERVICES AND AGREED TO PAY ANY ADDITIONAL COST OCCASIONED THEREBY IN ACCORDANCE WITH PARAGRAPH 8050-3, JOINT TRAVEL REGULATIONS. THE BASIS OF THAT REQUEST THE TRANSPORTATION OFFICER ISSUED A GOVERNMENT BILL OF LADING TO NATIONAL CARLOADING CORPORATION SEATTLE, WASHINGTON "ATTN: MILWAUKEE RR (S.M.ST. P AND P) FREIGHT AGENT.' THE COST OF THE SHIPMENT FROM ARLINGTON TO SEATTLE WAS PAID BY YOU. SUBSEQUENTLY, BY SETTLEMENT OF MAY 25, 1955, YOU WERE ALLOWED $587.11 REPRESENTING THE CONSTRUCTIVE COST OF SHIPMENT FROM YOUR LAST STATION, ARLINGTON, VIRGINIA, TO YOUR HOME OF RECORD, HUNTINGTON WOODS, MICHIGAN. YOUR CLAIM FOR $641.70 REPRESENTS THE AMOUNT YOU STATE WOULD HAVE BEEN REFUNDED TO YOU BY THE MILWAUKEE RAILROAD HAD THE TRANSPORTATION OFFICER SPECIFIED THAT LINE ON THE BILL OF LADING FOR SHIPMENT FROM CHICAGO, ILLINOIS, TO SEATTLE, WASHINGTON. YOU STATE THAT YOU HAD A FIRM COMMITMENT FROM THE MILWAUKEE RAILROAD TO SHIP YOUR GOODS WITHOUT CHARGE.

THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C). UNDER THOSE REGULATIONS OFFICERS ARE ENTITLED TO SHIPMENT OF THEIR HOUSEHOLD EFFECTS WITHIN AUTHORIZED WEIGHT LIMITATIONS, FROM LAST STATION TO THEIR HOME OF RECORD. THE COST OF SHIPMENT FOR ANY GREATER DISTANCE OR FOR SPECIAL ROUTING OR SERVICES REQUESTED BY THE PERSON CONCERNED MUST BE BORNE BY HIM. A TRANSPORTATION OFFICER IS WITHOUT AUTHORITY TO OBLIGATE THE GOVERNMENT TO BEAR THE COST OF SHIPMENT FROM LAST STATION IN EXCESS OF THE COST FROM THAT PLACE TO THE HOME. IN THE PRESENT CASE, YOU REQUESTED SHIPMENT FOR A GREATER DISTANCE THAN FROM LAST STATION TO HOME. ALSO, YOU REQUESTED SPECIAL ROUTING. IT DOES NOT APPEAR, HOWEVER, THAT YOUR APPLICATION CLEARLY REQUESTED THE SPECIAL SERVICE YOU ACTUALLY DESIRED. THAT IS, IT DID NOT EXPRESSLY STATE THAT SHIPMENT FROM CHICAGO TO SEATTLE WAS TO BE VIA THE MILWAUKEE (C.M.ST. P. AND P.) RAILROAD. THEREFORE, WHILE THE BILL OF LADING WAS REASONABLY IN CONFORMITY WITH YOUR APPLICATION, IT DID NOT ACCOMPLISH SHIPMENT OVER THE MILWAUKEE LINE FROM CHICAGO TO DESTINATION, AND AS A CONSEQUENCE, YOU WERE UNABLE TO OBTAIN THE REFUND YOU HAD ANTICIPATED. IT IS UNFORTUNATE THAT THE PERSON WHO ISSUED THE BILL OF LADING MISUNDERSTOOD YOUR REQUEST FOR SHIPMENT OR FAILED TO ISSUE THE BILL OF LADING IN A FORM WHICH WOULD HAVE EFFECTUATED SUCH REQUEST IF HE UNDERSTOOD IT, BUT HIS FAILURE TO DO SO FURNISHES NO BASIS FOR THE PAYMENT OF YOUR CLAIM.

SINCE THE GOVERNMENT PAID FOR SHIPPING YOUR HOUSEHOLD EFFECTS FOR THE DISTANCE FROM YOUR LAST STATION TO YOUR HOME OF RECORD UPON RELIEF FROM ACTIVE DUTY, AND SINCE THERE IS NO AUTHORITY TO INCREASE THE GOVERNMENT'S LIABILITY IN CONNECTION WITH THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS, THE SETTLEMENT DISALLOWING YOUR CLAIM WAS PROPER AND, UPON REVIEW, IS SUSTAINED.