B-69198, JUL. 23, 1957

B-69198, JUL. 23, 1957

TO MR. NEAL E. ANDERSON:

REFERENCE IS MADE TO YOUR LETTER OF MAY 20, 1957, WITH ENCLOSURES, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR REFUND OF $343.37 COLLECTED AS EXCESS COSTS IN CONNECTION WITH THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS FROM SAVANNAH, GEORGIA, TO HAMILTON AIR FORCE BASE, CALIFORNIA, FOLLOWING THE RECEIPT OF ORDERS DATED MARCH 9, 1953, RELEASING YOU FROM ACTIVE DUTY AS A CAPTAIN, UNITED STATES AIR FORCE RESERVE.

THE RECORD SHOWS THAT YOUR HOME OF RECORD AS OF JANUARY 21, 1951, THE DATE YOU WERE RECALLED TO ACTIVE DUTY, WAS 61 NEW YORK AVENUE, WESTBURY, NEW YORK. YOU WERE ASSIGNED TO PERMANENT DUTY AT WESTOVER AIR FORCE BASE (MASSACHUSETTS) WHEN, BY SPECIAL ORDERS NO. 95, DATED MAY 14, 1952, YOU WERE RELIEVED FROM FURTHER DUTY THERE AND ASSIGNED TO 2353 PERSONNEL PROCESSING SQUADRON (2349 PERSONNEL PROCESSING GROUP), CAMP STONEMAN, CALIFORNIA, FOR ASSIGNMENT TO THE 1273D AT SQ. PACD, APO 953. THESE ORDERS DIRECTED YOU TO REPORT TO THE PORT OF EMBARKATION NOT LATER THAN JUNE 17, 1952, AND PROVIDED THAT DEPENDENTS WOULD NOT ACCOMPANY YOU TO, OR JOIN YOU AT, THE PORT OF EMBARKATION.

THE RECORD FURTHER SHOWS THAT PURSUANT TO YOUR APPLICATION OF MAY 19, 1952, FOR SHIPMENT OF HOUSEHOLD EFFECTS TO GOVERNMENT STORAGE INCIDENT TO THE ORDERS DIRECTING YOUR ASSIGNMENT TO DUTY OVERSEAS, YOUR HOUSEHOLD GOODS WERE SHIPPED FROM WALTHAM, MASSACHUSETTS, TO GOVERNMENT STORAGE AT SAVANNAH, GEORGIA.

AFTER HAVING REPORTED FOR DUTY OVERSEAS REQUESTS WERE RECEIVED FROM YOU AND YOUR WIFE FOR FURTHER SHIPMENT OF YOUR HOUSEHOLD GOODS FROM PLACE OF STORAGE (SAVANNAH) TO TRACY, CALIFORNIA, FOR USE BY YOUR DEPENDENTS THEN RESIDING AT TRACY. HOWEVER, SUCH REQUESTS WERE DENIED FOR THE REASON THAT SINCE YOUR EFFECTS WERE SHIPPED TO STORAGE AT YOUR REQUEST AS A RESULT OF YOUR OVERSEAS ASSIGNMENT, FURTHER SHIPMENT THEREOF WAS NOT AUTHORIZED AT GOVERNMENT EXPENSE IN THE ABSENCE OF ORDERS REQUIRING A FURTHER CHANGE IN DUTY STATIONS. THE REGULATIONS PROHIBIT RESHIPMENT OF THE SAME HOUSEHOLD GOODS UNDER IDENTICAL ORDERS OR UNDER ONE (CHANGE OF STATION) ALLOWANCE FOR THE CONVENIENCE OF THE MEMBER. FOLLOWING YOUR RETURN TO THE UNITED STATES, AND HAVING RECEIVED SPECIAL ORDERS NO. 46 WHICH DIRECTED YOUR RELEASE FROM ACTIVE DUTY EFFECTIVE MARCH 21, 1953, YOU EXECUTED AN APPLICATION (FORM NO. 116) REQUESTING SHIPMENT OF YOUR HOUSEHOLD GOODS TO STOCKTON, CALIFORNIA, LATER CHANGED TO HAMILTON AIR FORCE BASE, CALIFORNIA. THAT APPLICATION, DATED APRIL 2, 1953, READS, IN PERTINENT PART AS FOLLOWS:

"UPON RECEIPT OF STATEMENT/S) SHOWING EXCESS COSTS I WILL REMIT AN AMOUNT SUFFICIENT TO COVER SUCH COSTS, OR PERMIT THE APPLICATION OF SO MUCH OF MY PAY AS MAY BE NECESSARY TO COVER SUCH COSTS. THIS AGREEMENT IS MADE WITH THE UNDERSTANDING THAT IT DOES NOT PREJUDICE MY RIGHT OF APPEAL TO THE COMPTROLLER GENERAL AND THE COURTS OF ADJUDICATION AFTER SUCH PAYMENT OR DEDUCTION HAS BEEN MADE IF I CONSIDER THE AMOUNT THEREOF TO BE ERRONEOUS.'

IT IS SHOWN THAT YOUR HOUSEHOLD GOODS WERE SHIPPED TO HAMILTON AIR FORCE BASE, CALIFORNIA, ON GOVERNMENT BILL OF LADING NO. WX-8584605, DATED APRIL 22, 1952, AT A COST TO THE GOVERNMENT OF $600.89 (6,625 POUNDS AT $9.07 PER CWT.). THEREAFTER, IN ACCORDANCE WITH YOUR AGREEMENT TO PAY ANY EXCESS CHARGES SUSTAINED BY THE GOVERNMENT IN CONNECTION WITH SUCH SHIPMENT, COLLECTION OF THE SUM OF $343.37, REPRESENTING THE DIFFERENCE BETWEEN $600.59 AND $257.52 (6,625 POUNDS AT $3.38 PER CWT.), THE EXPENSE THAT WOULD HAVE BEEN INCURRED BY THE GOVERNMENT FOR THE AUTHORIZED SHIPMENT OF YOUR EFFECTS FROM SAVANNAH, GEORGIA, TO WESTBURY, NEW YORK.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD GOODS TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT SECTION IN EFFECT AT THAT TIME PROVIDE THAT UPON RELEASE FROM ACTIVE DUTY A MEMBER IS ENTITLED TO SHIPMENT OF HIS HOUSEHOLD GOODS FROM HIS LAST DUTY STATION, OR THE PLACE WHERE THEN LOCATED, TO HIS HOME OF RECORD OR TO SOME OTHER PLACE AT NO GREATER COST. PARAGRAPH 8000-5 OF THE REGULATIONS (CHANGE 2, EFFECTIVE AUGUST 1, 1952) DEFINES THE HOME OF RECORD AS "THE PLACE CURRENTLY RECORDED AS THE HOME OF THE MEMBER, OR THE PLACE AT WHICH THE MEMBER IS LOCATED, WHEN COMMISSIONED * * * INDUCTED OR ORDERED TO THE RELEVANT TOUR OF ACTIVE DUTY. * * *"

AS A RESULT OF CHANGE OF STATION ORDERS RELEASING YOU FROM ACTIVE DUTY YOU ACQUIRED THE RIGHT TO HAVE YOUR HOUSEHOLD GOODS SHIPPED FROM SAVANNAH, GEORGIA, TO WESTBURY, NEW YORK, YOUR HOME OF RECORD--- OR TO ANY POINT AT NO GREATER COST--- AT GOVERNMENT EXPENSE. THE JOINT TRAVEL REGULATIONS WHICH HAVE THE FORCE AND EFFECT OF LAW MAKE NO PROVISION FOR THE SHIPMENT OF A RESERVE OFFICER'S HOUSEHOLD GOODS AT GOVERNMENT EXPENSE TO A SELECTED LOCATION UPON RELEASE FROM ACTIVE DUTY. THUS, THE SUM COLLECTED IS SHOWN TO HAVE BEEN PROPER AND REQUIRED BY THE ABOVE-CITED REGULATIONS. CONSEQUENTLY, IT IS FOUND THAT NO BASIS EXISTS FOR THE ALLOWANCE OF YOUR CLAIM, OR ANY PART THEREOF.