B-162577, NOV. 8, 1967

B-162577: Nov 8, 1967

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IS LIABLE FOR COST OF SHIPMENT OF EFFECTS AND FOR STORAGE AS WELL AS FOR MILEAGE. WITH RESPECT TO WIFE'S CLAIM FOR REFUND RECORD INDICATES THAT SHE RECEIVED AMOUNT SHE WAS ENTITLED TO. RET.: REFERENCE IS MADE TO YOUR LETTERS DATED AUGUST 16. WHICH WERE TRANSMITTED TO OUR OFFICE FOR CONSIDERATION AND REPORT BY THE HONORABLE BOB WILSON. WE ARE ALSO IN RECEIPT OF YOUR LETTER DATED SEPTEMBER 13. INASMUCH AS YOUR CLAIMS AND THAT OF YOUR WIFE ARE INTERRELATED. WE WILL CONSIDER THE ENTIRE MATTER IN THIS DECISION. YOU WERE DETACHED FROM ACTIVE DUTY AT NAVAL AIR STATION. WAS DETACHED FROM ALL DUTIES AT SAN DIEGO. 680 POUNDS OF YOUR HOUSEHOLD GOODS FROM CHULA VISTA TO STORAGE IN TRANSIT AT HARTFORD WHERE THEY WERE PLACED IN STORAGE ON JULY 16.

B-162577, NOV. 8, 1967

TRANSPORTATION - HOUSEHOLD EFFECTS - MILITARY PERSONNEL - SELECTED HOME DECISION TO RETIRED NAVAL OFFICER CONCERNING HIS CLAIM FOR TRAVEL ALLOWANCE TO HOME OF SELECTION INCIDENT TO RETIREMENT AND TO WIFE'S CLAIM FOR TRANSPORTATION OF HOUSEHOLD EFFECTS INCIDENT TO HER RETIREMENT. MEMBER WHO SELECTED HOME UPON RETIREMENT AND TURNED HOUSEHOLD EFFECTS OVER TO TRANSPORTATION WITHIN ONE YEAR OF RETIREMENT BUT WHO DID NOT TRAVEL TO HOME OF SELECTION TO ESTABLISH A RESIDENCE UNTIL AFTER MORE THAN ONE YEAR WHEN WIFE RETIRED FROM MILITARY SERVICE WHEN THEY CHANGED THEIR PLACE OF RETIREMENT FROM HARTFORD, CONN. TO SAN DIEGO CALIF. IS LIABLE FOR COST OF SHIPMENT OF EFFECTS AND FOR STORAGE AS WELL AS FOR MILEAGE. WITH RESPECT TO WIFE'S CLAIM FOR REFUND RECORD INDICATES THAT SHE RECEIVED AMOUNT SHE WAS ENTITLED TO. FACT THAT BOTH MEMBERS RECEIVED ERRONEOUS INFORMATION WITH RESPECT TO SHIPPING PRIVILEGES DOES NOT AFFORD LEGAL BASIS FOR REIMBURSEMENT.

TO LIEUTENANT COMMANDER ROBERT W. BARRIE, USN, RET.:

REFERENCE IS MADE TO YOUR LETTERS DATED AUGUST 16, 1967, MARKED"REQUEST NUMBER ONE" AND ,REQUEST NUMBER TWO," RESPECTIVELY, WHICH WERE TRANSMITTED TO OUR OFFICE FOR CONSIDERATION AND REPORT BY THE HONORABLE BOB WILSON, HOUSE OF REPRESENTATIVES. ALSO, HE HAS FORWARDED FOR CONSIDERATION YOUR LETTER OF OCTOBER 23, 1967, AND ENCLOSURE.

REQUEST NUMBER 1 INVOLVES THE SETTLEMENT OF OUR CLAIMS DIVISION DATED JANUARY 12, 1967, WHICH DISALLOWED THE CLAIM OF YOUR WIFE, MARGUERITE J. BARRIE, LIEUTENANT COMMANDER, USN (RET.) FOR REFUND OF THE AMOUNT COLLECTED FROM HER ON ACCOUNT OF THE SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FROM HARTFORD, CONNECTICUT, TO SAN DIEGO, CALIFORNIA, INCIDENT TO HER RETIREMENT UNDER ORDERS DATED APRIL 25, 1964. REQUEST NUMBER 2 PERTAINS TO YOUR ENTITLEMENT TO TRAVEL ALLOWANCE TO HOME OF SELECTION INCIDENT TO YOUR RETIREMENT UNDER ORDERS OF FEBRUARY 20, 1963.

WE ARE ALSO IN RECEIPT OF YOUR LETTER DATED SEPTEMBER 13, 1967, ADDRESSED TO THE NAVY FINANCE CENTER, WASHINGTON, D.C., WITH RESPECT TO YOUR ENTITLEMENT TO THE SHIPMENT OF 4,680 POUNDS OF HOUSEHOLD EFFECTS FROM SAN DIEGO, CALIFORNIA, TO HARTFORD, CONNECTICUT, INCIDENT TO YOUR RETIREMENT ORDERS. INASMUCH AS YOUR CLAIMS AND THAT OF YOUR WIFE ARE INTERRELATED, WE WILL CONSIDER THE ENTIRE MATTER IN THIS DECISION.

BY ORDERS DATED FEBRUARY 20, 1963, YOU WERE DETACHED FROM ACTIVE DUTY AT NAVAL AIR STATION, NORTH ISLAND, SAN DIEGO, CALIFORNIA, EFFECTIVE JUNE 30, 1963, AND TRANSFERRED TO THE RETIRED LIST ON JULY 1, 1963. AN ENDORSEMENT OF JUNE 20, 1963, TO THE ORDERS INDICATED THAT YOU CHOSE TO DELAY SELECTING A PERMANENT PLACE OF RESIDENCE AT THE TIME OF YOUR RETIREMENT. THE ENDORSEMENT ALSO ADVISED YOU THAT "YOU MUST SELECT A PERMANENT RESIDENCE AND TRAVEL THERETO WITHIN ONE YEAR FROM THE DATE OF YOUR RELEASE FROM ACTIVE DUTY.'

UNDER ORDERS DATED APRIL 25, 1964, YOUR WIFE, LIEUTENANT COMMANDER MARGUERITE J. BARRIE (NC) USN, WAS DETACHED FROM ALL DUTIES AT SAN DIEGO, CALIFORNIA, EFFECTIVE JUNE 30, 1964, AND TRANSFERRED TO THE RETIRED LIST ON JULY 1, 1964. AN ENDORSEMENT TO THE ORDERS SHOWS THAT SHE ALSO CHOSE TO DELAY SELECTING A PERMANENT RESIDENCE UPON RETIREMENT AND RECEIVED THE SAME ADVICE AS YOU DID WITH RESPECT TO THE ONE-YEAR PERIOD FOR THAT PURPOSE.

OUR FILES CONTAIN A COPY OF YOUR APPLICATION FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS UPON RETIREMENT, EXECUTED ON JUNE 18, 1964, IN WHICH YOU REQUESTED SHIPMENT OF ABOUT 5,000 POUNDS OF HOUSEHOLD GOODS FROM CHULA VISTA, CALIFORNIA, TO STORAGE IN HARTFORD, CONNECTICUT, JUNE 25, 1964, BEING SPECIFIED AS THE PICK-UP DATE. GOVERNMENT BILL OF LADING DATED JUNE 20, 1964, EVIDENCES SHIPMENT OF 4,680 POUNDS OF YOUR HOUSEHOLD GOODS FROM CHULA VISTA TO STORAGE IN TRANSIT AT HARTFORD WHERE THEY WERE PLACED IN STORAGE ON JULY 16, 1964. IN CONNECTION WITH YOUR APPLICATION FOR SHIPMENT OF YOUR HOUSEHOLD GOODS, YOU ALSO EXECUTED A CERTIFICATE ON JUNE 18, 1964, IN WHICH YOU CERTIFIED THAT HARTFORD, CONNECTICUT, IS THE PLACE SELECTED BY YOU UPON RETIREMENT AND THAT "I HAVE RECEIVED OR WILL RECEIVE TRAVEL ALLOWANCE TO HARTFORD, CONNECTICUT.' ON SEPTEMBER 17, 1964, YOU REQUESTED ADDITIONAL TEMPORARY STORAGE OF YOUR EFFECTS AT HARTFORD, STATING THAT ILLNESS IN THE FAMILY HAD DELAYED THE SELLING OF YOUR HOME IN CHULA VISTA AND YOUR DEPARTURE FOR CONNECTICUT UNTIL AFTER OCTOBER 1, 1964. YOU STATED FURTHER THAT THIS DELAY HAD MADE IT IMPOSSIBLE FOR YOU TO TRAVEL TO CONNECTICUT TO ACQUIRE SUITABLE CIVILIAN HOUSING BEFORE TERMINATION OF THE FIRST 90 DAYS' TEMPORARY STORAGE.

OUR RECORDS SHOW FURTHER THAT ON SEPTEMBER 17, 1964, YOUR WIFE FILED TWO APPLICATIONS FOR THE SHIPMENT OF 4,870 POUNDS OF HOUSEHOLD GOODS TO BE SHIPPED FROM CHULA VISTA, CALIFORNIA, TO NONTEMPORARY STORAGE IN SAN DIEGO ON OCTOBER 1, 1964, AND FROM NONTEMPORARY STORAGE TO 1667 LOS ALTOS, SAN DIEGO, TO BE DELIVERED MARCH 1, 1965. A FURTHER APPLICATION WHICH SHE EXECUTED ON DECEMBER 21, 1964, REQUESTED THE SHIPMENT OF 4,680 POUNDS OF HOUSEHOLD EFFECTS FROM TEMPORARY STORAGE AT HARTFORD, CONNECTICUT, TO TEMPORARY STORAGE IN SAN DIEGO, CALIFORNIA, TO BE DELIVERED FEBRUARY 1, 1965. BILL OF LADING NO. A 2880634, DATED DECEMBER 29, 1964, EVIDENCES SHIPMENT WAS MADE AS REQUESTED IN THAT APPLICATION.

IN AN EXPLANATION OF THE SHIPMENT FROM HARTFORD, CONNECTICUT, TO SAN DIEGO, YOUR WIFE STATED IN A LETTER DATED JANUARY 24, 1966, THAT YOU COULD NOT SELECT A HOME UNTIL AFTER HER RETIREMENT ON JULY 1, 1964, BUT IT WAS THOUGHT THE LOCATION WOULD BE IN ONE OF THE NEW ENGLAND STATES. SHE STATED FURTHER THAT BECAUSE YOU WERE UNABLE TO REMAIN ON ACTIVE DUTY UNTIL HER RETIREMENT AND WERE UNABLE TO OBTAIN AN EXTENSION BEYOND THE ONE-YEAR LIMIT FOR SHIPPING HOUSEHOLD GOODS AFTER YOUR RETIREMENT, IT WAS DECIDED TO SHIP THE 4,680 POUNDS OF EFFECTS TO STORAGE IN HARTFORD, CONNECTICUT. SHE STATED FURTHER THAT AFTER HER RETIREMENT AND A TRIP BACK TO THE NEW ENGLAND STATES "WE DECIDED TO MAKE OUR SELECTED HOME LOCATION SAN DIEGO, CALIFORNIA.' SHE ALLEGED THAT UPON REQUESTING THE SHIPMENT OF THE EFFECTS FROM HARTFORD, CONNECTICUT, TO SAN DIEGO, SHE WAS ADVISED THAT UNDER APPLICABLE REGULATIONS THE SHIPMENT WAS AUTHORIZED AT GOVERNMENT EXPENSE UNDER HER ORDERS.

BY LETTER DATED SEPTEMBER 21, 1966, FROM THE NAVY FINANCE CENTER, YOUR WIFE WAS INFORMED THAT SHE WAS NOT ENTITLED TO THE SHIPMENT OF THE HOUSEHOLD GOODS AT GOVERNMENT EXPENSE FROM HARTFORD, CONNECTICUT, TO SAN DIEGO, CALIFORNIA, UNDER HER RETIREMENT ORDERS SINCE THESE GOODS HAD BEEN SHIPPED TO HARTFORD UNDER YOUR RETIREMENT ORDERS AND THAT SHE WAS RESPONSIBLE FOR THE EXCESS COSTS. HOWEVER, SHE WAS ALLOWED THE EQUIVALENT OF LOCAL DRAYAGE COSTS UNDER HER ORDERS. A PAY ADJUSTMENT AUTHORIZATION SHOWED A CHARGE OF $748.80 ON ACCOUNT OF EXCESS COSTS INVOLVED IN THE SHIPMENT. YOUR WIFE'S CLAIM FOR REFUND OF THE EXCESS COST COLLECTED WAS TRANSMITTED TO OUR CLAIMS DIVISION AND BY SETTLEMENT DATED JANUARY 12, 1967, IT WAS DISALLOWED FOR THE REASONS STATED.

IN YOUR LETTERS TRANSMITTED BY CONGRESSMAN WILSON, YOU STATED THAT BECAUSE YOUR HOUSEHOLD GOODS SHIPPING PRIVILEGES WOULD TERMINATE PRIOR TO YOUR WIFE'S RETIREMENT ON JULY 1, 1964, YOU SELECTED HARTFORD, CONNECTICUT, AS YOUR "SELECTED HOME LOCATION" PRIOR TO JULY 1964 AND REQUESTED SHIPMENT OF 4,680 POUNDS OF HOUSEHOLD GOODS TO STORAGE IN THAT CITY. YOU STATED FURTHER THAT UPON ARRIVAL IN CONNECTICUT, YOU AND MRS. BARRIE INVESTIGATED THE EMPLOYMENT SITUATION, REVIEWED YOUR MEDICAL PROBLEMS AND DECIDED TO RETURN TO CALIFORNIA. YOU INDICATED THAT UPON YOUR RETURN, MRS. BARRIE SELECTED SAN DIEGO AS HER HOME UPON RETIREMENT AND REQUESTED THAT THE EFFECTS WHICH WERE IN HARTFORD BE SHIPPED TO SAN DIEGO. THIS, YOU SAY, WAS BASED ON ADVICE BY OFFICERS AT THE NAVAL SUPPLY CENTER, SAN DIEGO, THAT YOUR WIFE WAS ENTITLED UNDER HER RETIREMENT ORDERS TO SUCH SHIPMENT SINCE YOU BOTH WERE ENTITLED TO HOUSEHOLD GOODS PRIVILEGES NOT AFFECTED BY MARITAL STATUS. YOU STRESSED THE POINT, HOWEVER, THAT ALTHOUGH YOUR WIFE SELECTED SAN DIEGO AS HER HOME UPON RETIREMENT, YOU HAVE NOT CHANGED YOUR "SELECTED HOME LOCATION" FROM HARTFORD,CONNECTICUT. WITH RESPECT TO YOUR CLAIM FOR MILEAGE, THE RECORD SHOWS, AS INDICATED ABOVE, THAT IN A STATEMENT OF NECESSITY FOR ADDITIONAL TEMPORARY STORAGE, DATED SEPTEMBER 17, 1964, YOU SAID THAT ILLNESS HAD DELAYED YOUR DEPARTURE FOR CONNECTICUT UNTIL AFTER OCTOBER 1, 1964.

IN YOUR LETTER OF SEPTEMBER 15, 1967, TO THE NAVY FINANCE CENTER, WASHINGTON, D.C. RELATIVE TO YOUR ENTITLEMENT TO THE SHIPMENT OF YOUR EFFECTS TO HARTFORD, CONNECTICUT, YOU EXPLAINED THAT YOU ACTED ON THE ADVICE OF PEOPLE WHO WERE IN TECHNICAL POSITIONS TO ADVISE SERVICE MEMBERS. YOU REPEATED YOUR CONTENTION THAT YOU HAD NOT CHANGED YOUR HOME OF SELECTION NOR DID YOU REQUEST THAT IT BE CHANGED. WITH RESPECT TO REQUESTS FOR DOCUMENTARY EVIDENCE TO SUPPORT ACTUAL ESTABLISHMENT OF A RESIDENCE IN HARTFORD, CONNECTICUT, YOU REQUESTED INFORMATION AS TO WHAT DOCUMENTS WOULD BE ACCEPTABLE.

APPARENTLY IT IS YOUR BELIEF THAT ON THE BASIS OF YOUR CERTIFICATION THAT YOU CHOSE HARTFORD, CONNECTICUT, AS YOUR HOME OF SELECTION EVEN THOUGH YOU SIGNIFIED YOUR INTENT TO MOVE TO THAT CITY AT SOME FUTURE TIME, YOU WERE ENTITLED TO THE TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE TO THAT CITY SINCE YOUR EFFECTS WERE TURNED OVER TO A TRANSPORTATION OFFICER FOR SHIPMENT WITHIN ONE YEAR FOLLOWING TERMINATION OF ACTIVE DUTY. ALSO, YOU SEEM TO BELIEVE THAT, HAVING SELECTED HARTFORD AND REQUESTED SHIPMENT OF YOUR EFFECTS WITHIN THE ONE-YEAR PERIOD, YOU WERE ENTITLED TO PERFORM TRAVEL AT GOVERNMENT EXPENSE TO YOUR HOME OF SELECTION AFTER THE ONE-YEAR PERIOD HAD TERMINATED.

THE PERTINENT STATUTES, 37 U.S.C. 404 AND 406, PROVIDE THAT UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED SERVICES WHO IS RETIRED IN THE CIRCUMSTANCES DESCRIBED MAY SELECT HIS HOME FOR THE PURPOSE OF TRAVEL AND TRANSPORTATION ALLOWANCES PAYABLE FOR HIMSELF AND HIS DEPENDENTS AND THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, SUCH MEMBER IS ALSO ENTITLED TO TRANSPORTATION OF HIS HOUSEHOLD EFFECTS TO THE HOME SELECTED BY HIM.

THE UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED ARE PROMULGATED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH M1150-3B PROVIDES THAT THE TERM "HOME OF SELECTION" AS USED IN THESE REGULATIONS, MEANS THE PLACE SELECTED BY A MEMBER AS HIS HOME UPON RETIREMENT. PARAGRAPH M4158- 2A PROVIDES THAT A MEMBER UPON RETIREMENT MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES THERETO, PROVIDED TRAVEL IS COMPLETED TO THE SELECTED HOME WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY. PARAGRAPH M7010-2A CONTAINS SIMILAR PROVISIONS WITH RESPECT TO THE TRAVEL OF THE MEMBER'S DEPENDENTS TO THE HOME OF SELECTION PROVIDED THE TRAVEL IS PERFORMED WITHIN ONE YEAR AFTER HIS RELEASE FROM ACTIVE DUTY. PARAGRAPH M8260-1 OF THE REGULATIONS PROVIDES FOR SHIPMENT OF HOUSEHOLD EFFECTS UPON RETIREMENT FROM A MEMBER'S LAST OR ANY PREVIOUS DUTY STATION, FROM A DESIGNATED PLACE, FROM STORAGE, OR ANY COMBINATION THEREOF, TO THE HOME SELECTED UNDER PARAGRAPH M4158, IF SUCH EFFECTS ARE TURNED OVER TO A TRANSPORTATION OFFICER OR CARRIER FOR SHIPMENT WITHIN ONE YEAR FOLLOWING TERMINATION OF ACTIVE DUTY.

OUR DECISIONS HAVE HELD THAT THE PURPOSE OF THE STATUTE AND REGULATIONS IS TO AUTHORIZE TRANSPORTATION AT GOVERNMENT EXPENSE FOR A MEMBER, HIS DEPENDENTS, AND HOUSEHOLD EFFECTS TO THE PLACE WHERE HE GOES TO RESIDE FOLLOWING RETIREMENT, PROVIDED THE TRAVEL IS PERFORMED AND THE HOUSEHOLD EFFECTS ARE TURNED OVER TO A TRANSPORTATION OFFICER FOR SHIPMENT WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY. UNTIL SUCH A PLACE IS SELECTED AND TRAVEL TO IT FOR THAT PURPOSE HAS BEEN PERFORMED WITHIN THE REQUIRED PERIOD, NO RIGHT TO SUCH TRAVEL AND TRANSPORTATION ALLOWANCES ACCRUES. COMP. GEN. 774, COPY ENCLOSED. IF A MEMBER REQUESTS SHIPMENT OF HIS HOUSEHOLD GOODS TO A PLACE DESIGNATED AS HIS HOME OF SELECTION AND HE DOES NOT TRAVEL TO SUCH PLACE TO ESTABLISH A RESIDENCE WITHIN THE SPECIFIED ONE -YEAR PERIOD, HE IS CHARGEABLE WITH THE COST OF THE SHIPMENT, INCLUDING TEMPORARY STORAGE. WHILE THE REGULATIONS AUTHORIZED NONTEMPORARY STORAGE FOR A PERIOD OF NOT TO EXCEED ONE YEAR AFTER RETIREMENT, NONE OF THE STORAGE IN YOUR CASE CAME WITHIN SUCH ONE-YEAR PERIOD.

THE MERE CERTIFICATION THAT YOU SELECTED HARTFORD, CONNECTICUT, AS YOUR HOME UPON RETIREMENT, AND THE FACT THAT YOU TURNED OVER YOUR HOUSEHOLD EFFECTS WITHIN THE ONE-YEAR PERIOD TO A TRANSPORTATION OFFICER FOR SHIPMENT TO THAT PLACE IS NOT IN AND OF ITSELF A SUFFICIENT COMPLIANCE WITH THE STATUTE AND REGULATIONS. THERE MUST BE A SHOWING THAT YOU TRAVELED TO YOUR HOME OF SELECTION FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE THERE WITHIN THE ONE-YEAR PERIOD. THERE IS NOTHING IN THE PRESENT RECORD TO SHOW THAT YOU TRAVELED TO HARTFORD WITHIN SUCH PERIOD, BUT, ON THE CONTRARY, THE RECORD INDICATES THAT YOU DID NOT GO THERE UNTIL ABOUT OCTOBER 1,1964, AFTER THE RETIREMENT OF MRS. BARRIE. THEREFORE, ON THAT BASIS, AND IN THE ABSENCE OF EVIDENCE TO THE CONTRARY, YOU ARE CHARGEABLE WITH THE COST OF SHIPMENT OF YOUR HOUSEHOLD EFFECTS TO HARTFORD AS WELL AS FOR STORAGE THERE AND IT IS ANTICIPATED THAT APPROPRIATE ACTION WILL BE TAKEN ADMINISTRATIVELY TO RECOVER THE AMOUNT INVOLVED. LIKEWISE, IN THE ABSENCE OF EVIDENCE SHOWING THAT YOU TRAVELED TO HARTFORD, CONNECTICUT, PRIOR TO JUNE 30, 1964, FOR THE PURPOSE OF ESTABLISHING A RESIDENCE, THERE IS NO LEGAL BASIS FOR THE PAYMENT OF MILEAGE FOR YOUR TRAVEL TO THAT CITY.

WITH RESPECT TO YOUR WIFE'S ENTITLEMENT TO REFUND OF THE EXCESS COSTS COLLECTED FROM HER INCIDENT TO THE SHIPMENT OF THE HOUSEHOLD EFFECTS BACK TO SAN DIEGO THAT YOU HAD SHIPPED TO HARTFORD, THE PROVISIONS OF PARAGRAPH M8260-1 OF THE JOINT TRAVEL REGULATIONS, REFERRED TO ABOVE, MUST BE CONSIDERED IN CONJUNCTION WITH OTHER PROVISIONS IN CHAPTER 8 OF THE JOINT TRAVEL REGULATIONS GOVERNING THE SHIPMENT OF HOUSEHOLD EFFECTS UPON PERMANENT CHANGE OF STATION, WHICH INCLUDES SHIPMENT TO HOME OF SELECTION UPON RETIREMENT. THESE REGULATIONS (PARAGRAPH M8253) USE THE TERM "DESIGNATED PLACE IN THE UNITED STATES" AS MEANING ANY LOCATION IN THE UNITED STATES TO WHICH HOUSEHOLD EFFECTS ARE AUTHORIZED TO BE SHIPPED AT A MEMBER'S REQUEST INCIDENT TO A PERMANENT CHANGE OF STATION TO A RESTRICTED STATION TO WHICH THE SHIPMENT OF SUCH EFFECTS IS NOT AUTHORIZED. ALSO, UPON A PERMANENT CHANGE OF STATION A MEMBER IS ENTITLED TO HAVE HIS EFFECTS, WITHIN HIS PRESCRIBED WEIGHT ALLOWANCE, PLACED IN NONTEMPORARY STORAGE AT GOVERNMENT EXPENSE RATHER THAN HAVE THEM SHIPPED TO HIS NEW STATION (PARAGRAPH M8101). UPON A SUBSEQUENT PERMANENT CHANGE OF STATION, INCLUDING RETIREMENT UNDER CIRCUMSTANCES ENTITLING THE MEMBER TO SELECT A PLACE OF RESIDENCE, SHIPMENT IS AUTHORIZED FROM THE PLACE OF STORAGE TO THE HOME OF SELECTION. IN THE CASE OF MRS. BARRIE, HOWEVER, THE GOODS SHIPPED FROM HARTFORD WERE NOT PLACED IN STORAGE THERE UNDER ANY ORDERS ISSUED TO HER NOR WERE THEY SHIPPED TO HARTFORD AS A DESIGNATED PLACE WITHIN THE CONTEMPLATION OF PARAGRAPH M8253 OF THE REGULATIONS AND ANY RIGHT SHE HAD TO MOVE THE GOODS AT GOVERNMENT EXPENSE TO HER HOME OF SELECTION WAS LIMITED TO THE COST OF MOVEMENT FROM SAN DIEGO, THE PLACE WHERE SHE WAS RELEASED FROM ACTIVE DUTY, TO HER HOME OF SELECTION. INASMUCH AS SHE CHOSE SAN DIEGO AS HER HOME, THE GOVERNMENT'S LIABILITY FOR THE COST OF THE SHIPMENT OF THE EFFECTS FROM HARTFORD TO SAN DIEGO WAS LIMITED TO THE COST OF A LOCAL DRAYAGE CHARGE WHICH SHE WAS ALLOWED AND THERE IS NO FURTHER ENTITLEMENT DUE HER FOR THE SHIPMENT OF THOSE HOUSEHOLD EFFECTS.

SINCE MRS. BARRIE WAS ALLOWED LOCAL DRAYAGE COSTS IN ADJUSTING HER INDEBTEDNESS FOR THE SHIPMENT FROM HARTFORD AND THAT WAS HER MAXIMUM ENTITLEMENT, IT APPEARS UNNECESSARY AT THIS TIME TO DECIDE WHETHER UNDER PROPER CIRCUMSTANCES SHE COULD HAVE SHIPPED FROM HARTFORD AT GOVERNMENT EXPENSE AS HER HOUSEHOLD GOODS, THE SAME EFFECTS THAT YOU SHIPPED THERE AS YOUR GOODS UNDER YOUR ORDERS.

WHILE YOU SAY THAT YOU AND YOUR WIFE RELIED ON ERRONEOUS INFORMATION WITH RESPECT TO YOUR SHIPPING PRIVILEGES, IT LONG HAS BEEN OUR VIEW IN SUCH CASES, THAT EVEN IF THE ERRONEOUS INFORMATION RELIED ON WAS FURNISHED BY AN OFFICER OR EMPLOYEE OF THE GOVERNMENT, THAT FACT DOES NOT AFFORD A LEGAL BASIS FOR REIMBURSEMENT OF THE EXPENSES INCURRED.

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    We dismiss the protest as untimely because it was filed more than 10 days after the protester knew, or should have known, the basis for its protest.
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