B-155932, MAY 11, 1965

B-155932, MAY 11, 1965

TO CWO ROBERT E. JOHNSON, RETIRED:

YOUR LETTER OF APRIL 26, 1965, REFERS FURTHER TO YOUR CLAIM FOR PER DIEM FOR THE PERIOD DECEMBER 18, 1962, TO JANUARY 15, 1964, WHILE PERFORMING DUTY AT CAPE CANAVERAL (NOW CAPE KENNEDY), FLORIDA, THE SUBJECT OF OUR DECISION B-155932, DATED MARCH 17, 1965.

IN CONCLUDING IN THAT DECISION THAT CAPE CANAVERAL WAS IN FACT YOUR PERMANENT STATION DURING THE PERIOD COVERED BY THE CLAIM; THAT YOU WERE ENTITLED TO PER DIEM ONLY WHILE AWAY FROM THAT STATION IN A TRAVEL STATUS UNDER COMPETENT ORDERS, AND THAT SINCE YOU MOVED YOUR DEPENDENTS AND HOUSEHOLD EFFECTS FROM FORT EUSTIS, VIRGINIA, TO CAPE CANAVERAL, FLORIDA, INCIDENT TO YOUR DUTY THERE, A CLAIM COULD BE FILED FOR TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS, AND DISLOCATION ALLOWANCE, THIS OFFICE CONSTRUED THE FACTS RELATING TO YOUR DUTY AT CAPE CANAVERAL AS CONSTITUTING A PERMANENT ASSIGNMENT. IT WAS NOT EXPECTED THAT YOU COULD FURNISH PERMANENT CHANGE OF STATION ORDERS TRANSFERRING YOU FROM FORT EUSTIS TO CAPE CANAVERAL TO SUPPORT A CLAIM ON THAT BASIS AND NO SUCH ORDERS WILL BE REQUIRED.

IN YOUR PRESENT LETTER YOU SAY YOU PURCHASED A TRUCK AND MOVED YOUR DEPENDENTS AND HOUSEHOLD EFFECTS FROM FORT EUSTIS TO CAPE CANAVERAL TO YOUR OWN EXPENSE; THAT YOU RETIRED AT CAPE KENNEDY, AND THAT YOU RECEIVED TRAVEL ALLOWANCES FOR YOURSELF AND DEPENDENTS FROM FORT EUSTIS, VIRGINIA, TO SATELLITE BEACH, FLORIDA, INCIDENT TO THE RETIREMENT.

FROM THE PRESENT RECORD IT APPEARS THAT YOU WERE AWAY FROM CAPE CANAVERAL IN A TRAVEL STATUS PURSUANT TO ORDERS DURING THE PERIODS APRIL 29 TO MAY 3, OCTOBER 21 TO 24 AND NOVEMBER 12 TO 15, 1963, AND THAT YOU ARE ENTITLED TO PER DIEM FOR THE DAYS OR PORTIONS THEREOF INVOLVED. SINCE YOU SELECTED SATELLITE BEACH AS YOUR HOME UPON RETIREMENT AND WERE PAID A TRAVEL ALLOWANCE THERETO FROM FORT EUSTIS FOR YOUR DEPENDENTS, NO FURTHER PAYMENT IS DUE FOR THEIR TRAVEL. HOWEVER, SINCE THEIR TRAVEL ACTUALLY WAS PERFORMED INCIDENT TO YOUR ASSIGNMENT TO PERMANENT DUTY AT CAPE CANAVERAL YOU ARE ENTITLED TO A DISLOCATION ALLOWANCE INCIDENT TO THAT MOVE. SETTLEMENT FOR THE AMOUNT DUE AS PER DIEM AND DISLOCATION ALLOWANCE WILL ISSUE IN DUE COURSE.

PARAGRAPH 8500 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER WHO ARRANGES FOR THE SHIPMENT OF HIS HOUSEHOLD GOODS AT PERSONAL EXPENSE IS ENTITLED TO REIMBURSEMENT OF SUCH COSTS NOT TO EXCEED THE COST WHICH WOULD HAVE BEEN INCURRED BY THE GOVERNMENT HAD THE SHIPMENT BEEN MADE BY A SHIPPING OR TRANSPORTATION OFFICER. UNDER THAT AUTHORITY THE MEMBER CAN BE REIMBURSED ONLY FOR THOSE EXPENDITURES WHICH OTHERWISE WOULD BE THE RESPONSIBILITY OF THE GOVERNMENT. PARAGRAPH 8500 FURTHER PROVIDES THAT CLAIMS FOR REIMBURSEMENT WILL BE PREPARED IN ACCORDANCE WITH REGULATIONS OF THE SERVICE CONCERNED. IN THIS CONNECTION ARMY REGULATIONS 55-71 PROVIDE THAT WHEN THE PROPERTY IS MOVED UNCRATED BY THE OWNER THE CLAIM SHOULD BE SUPPORTED BY EVIDENCE OF THE ACTUAL WEIGHT OR WEIGHT ESTIMATED AT 7 POUNDS PER CUBIC FOOT. PARAGRAPH 8002 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT IF THE ACTUAL WEIGHT OF A SHIPMENT IS UNOBTAINABLE THE WEIGHT OF THE SHIPMENT WILL BE DETERMINED BY CUBIC MEASUREMENT ON THE BASIS OF 7 POUNDS PER CUBIC FOOT. THEREFORE, YOU MAY SUBMIT RECEIPTS SHOWING THE PURCHASE OF GASOLINE AND OIL REQUIRED IN MAKING THE SHIPMENT TOGETHER WITH EVIDENCE OF THE WEIGHT OF THE SHIPMENT. IF RECEIPTS ARE NOT AVAILABLE YOU MAY SUBMIT A STATEMENT AS TO THE VEHICLE USED, THE MILEAGE INVOLVED, THE APPROXIMATE AMOUNT OF GASOLINE AND OIL REQUIRED FOR THE MOVE AND THE COST THEREOF. IF YOU DO NOT HAVE EVIDENCE OF THE ACTUAL WEIGHT OF THE GOODS MOVED YOU MAY SUBMIT AN INVENTORY OF THE EFFECTS SHIPPED FROM WHICH THE CUBIC CONTENT MAY BE ESTIMATED. PROFESSIONAL BOOKS AND PAPERS SHOULD BE LISTED SEPARATELY. ALSO, THE DATE OF THE MOVEMENT SHOULD BE SHOWN. IF YOU HAVE EVIDENCE OF THIS TYPE AND DESIRE TO PRESENT A CLAIM FOR THE COST INCURRED IN MOVING YOUR HOUSEHOLD EFFECTS IT MAY BE SUBMITTED DIRECTLY TO THIS OFFICE AND WILL RECEIVE CAREFUL CONSIDERATION.