B-153355, OCTOBER 3, 1966, 46 COMP. GEN. 263

B-153355, OCTOBER 3, 1966, 46 COMP. GEN. 263

TRANSPORTATION - HOUSEHOLD EFFECTS - MILITARY PERSONNEL - VESSEL AND PORT CHANGES. A NAVAL OFFICER WHO, INCIDENT TO A TRANSFER FROM SEA DUTY ABOARD ONE SHIP TO STAFF-BASED DUTY ABOARD ANOTHER SHIP AT THE SAME HOME PORT, PERFORMS DUTIES IN THE NATURE OF SHORE DUTIES AND OCCUPIES GOVERNMENT QUARTERS ASHORE MUST, NEVERTHELESS, HAVE THE ASSIGNMENT VIEWED AS A SHIP-TO-SHIP ASSIGNMENT AT THE SAME HOME PORT AND NOT A PERMANENT CHANGE OF STATION FOR ENTITLEMENT TO TRANSPORTATION OF HOUSEHOLD EFFECTS AND, THEREFORE, SHIPMENT OF THE MEMBER'S HOUSEHOLD EFFECTS FROM NONTEMPORARY STORAGE TO ASSIGNED QUARTERS AT GOVERNMENT EXPENSE MAY NOT BE AUTHORIZED.

TO THE SECRETARY OF THE NAVY, OCTOBER 3, 1966:

FURTHER REFERENCE IS MADE TO LETTER DATED JUNE 24, 1966, FROM THE UNDER SECRETARY OF THE NAVY, FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE ON JUNE 30, 1966, REQUESTING A DECISION AS TO WHETHER SHIPMENT OF HOUSEHOLD EFFECTS FROM NONTEMPORARY STORAGE TO CURRENT DUTY STATION MAY BE AUTHORIZED IN CASES INVOLVING CIRCUMSTANCES SUCH AS THOSE IN THE CASE OF CAPTAIN ROBERT W. WINDSOR, JR; USN 100122/1310. THE REQUEST WAS ASSIGNED CONTROL NO. 66-25 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY ORDERS DATED MARCH 4, 1964, CAPTAIN WINDSOR, WHILE ON DUTY AT WASHINGTON, D.C; WAS ASSIGNED TO DUTY ON BOARD THE U.S.S. INDEPENDENCE (CVA-62) WITH HOME PORT AT NORFOLK, VIRGINIA. INCIDENT TO THESE ORDERS HIS HOUSEHOLD EFFECTS WERE PLACED IN NONTEMPORARY STORAGE AT HYATTSVILLE, MARYLAND.

BY BUPERS ORDER NR 129404, JUNE 1965, AS AMENDED, CAPTAIN WINDSOR WAS TRANSFERRED FROM THE INDEPENDENCE TO STAFF OF COMMANDER SECOND FLEET, WITH HOME PORT AND HOME YARD NORFOLK. HE WAS ASSIGNED GOVERNMENT QUARTERS ASHORE AT U.S. NAVAL STATION, NORFOLK, VIRGINIA, ON OCTOBER 7, 1965. CAPTAIN WINDSOR'S APPLICATION FOR MOVEMENT OF HIS HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FROM NONTEMPORARY STORAGE TO HIS ASSIGNED GOVERNMENT QUARTERS WAS ADMINISTRATIVELY DENIED FOR THE REASON THAT HIS ASSIGNMENT TO STAFF OF COMMANDER SECOND FLEET IS A SEA DUTY ASSIGNMENT AND THE STATUTE AND REGULATIONS AS PRESENTLY CONSTITUTED DO NOT AUTHORIZE MOVEMENT OF DEPENDENTS AND HOUSEHOLD EFFECTS INCIDENT TO A MEMBER'S TRANSFER FROM SEA DUTY TO SEA DUTY IN CASES WHERE THE VESSELS HAVE IDENTICAL HOME YARDS AND PORTS.

IN THE LETTER OF JUNE 24, 1966, THE UNDER SECRETARY SAYS THAT THE ASSIGNMENT OF GOVERNMENT QUARTERS ASHORE AND THE NATURE OF THE DUTY PERFORMED BY CAPTAIN WINDSOR ARE SIMILAR TO THOSE OF ANY OTHER MEMBER ORDERED FROM SEA DUTY TO SHORE DUTY IN THE NORFOLK AREA. ALSO HE SAYS THAT THE COST OF CONTINUING NONTEMPORARY STORAGE OF CAPTAIN WINDSOR'S HOUSEHOLD EFFECTS WILL EXCEED THE COST OF THEIR SHIPMENT TO NORFOLK BY ABOUT $200 AND FROM A COST STANDPOINT IT IS IN THE INTEREST OF THE GOVERNMENT TO SHIP THEM TO NORFOLK. HE SUGGESTS, THEREFORE, THAT THE SHIPMENT FROM NONTEMPORARY STORAGE TO THE CURRENT DUTY STATION MAY BE AUTHORIZED ON THE BASIS OF EITHER PARAGRAPH M8253-2F OF THE JOINT TRAVEL REGULATIONS OR THE INTEREST OF THE GOVERNMENT PRINCIPLE OF OUR DECISION OF MAY 6, 1960, B-142462.

PARAGRAPH M8253-2F OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS ORDERED FROM SEA DUTY TO AN UNRESTRICTED STATION WITHIN THE UNITED STATES- --TO DUTY ASHORE---ARE ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS FROM A PLACE OF STORAGE TO THE NEW DUTY STATION.

NONTEMPORARY STORAGE OF HOUSEHOLD GOODS IS AUTHORIZED AS AN ALTERNATIVE TO THEIR SHIPMENT AND WE HELD IN THE DECISION OF MAY 6, 1960, THAT NONTEMPORARY STORAGE COULD BE CONTINUED UNDER SUBSEQUENT PERMANENT CHANGE- OF-STATION ORDERS AT GOVERNMENT EXPENSE AS AN ALTERNATIVE TO SHIPMENT WHEN, FROM A COST STANDPOINT, THE CONTINUATION OF NONTEMPORARY STORAGE IS IN THE BEST INTEREST OF THE GOVERNMENT. THE DECISION OF MAY 6, 1960, HOWEVER, WAS PREDICATED ON THE STATUTORY ENTITLEMENT TO SHIPMENT OF HOUSEHOLD GOODS UNDER THE SUBSEQUENT ORDERS AND HAS NO APPLICATION WHERE SHIPPING ENTITLEMENT DOES NOT EXIST UNDER SUCH ORDERS. SEE DECISION OF JUNE 9, 1966, 45 COMP. GEN. 771.

IN LINE WITH THE PROVISIONS OF 37 U.S.C. 411/D), A PERMANENT DUTY STATION, INSOFAR AS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS IS CONCERNED, IS DEFINED IN PARAGRAPH M1150-10 OF THE JOINT TRAVEL REGULATIONS AS THE HOME PORT OR HOME YARD OF A VESSEL OR OF A SHIP BASED STAFF TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY. IN DECISION OF MARCH 31, 1964, 43 COMP. GEN 639, IT WAS HELD THAT PRESENT LAW DOES NOT AUTHORIZE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE INCIDENT TO A MEMBER'S TRANSFER FROM SEA DUTY TO SEA DUTY---SHIP TO SHIP-- -WHEN THE VESSELS INVOLVED HAVE IDENTICAL HOME YARDS AND HOME PORTS SINCE, IN SUCH CASE, THERE IS NO CHANGE OF STATION SO FAR AS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS IS CONCERNED. SEE ALSO B-155571, DECEMBER 28, 1964; 45 COMP. GEN. 477.

MEMBERS ASSIGNED TO NAVY UNITS OPERATIONALLY BASED ABOARD SHIP HAVE BEEN VIEWED AS ATTACHED TO THE VESSELS ON WHICH THE UNIT IS BASED FOR PURPOSES OF TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS. 42 COMP. GEN. 167. THE FACT THAT SUCH MEMBERS MAY BE ASSIGNED GOVERNMENT QUARTERS ASHORE UNDER CERTAIN CIRCUMSTANCES HAS NOT BEEN REGARDED AS BEING ADEQUATE BASIS FOR A CONCLUSION THAT SUCH MEMBERS ARE NOT TO BE REGARDED AS ATTACHED TO SUCH A SHIP-BASED UNIT. SEE 42 COMP. GEN. 65 AND 44 ID. 105. IT FOLLOWS, THEREFORE, THAT A MEMBER ASSIGNED TO A STAFF WHICH IS OPERATIONALLY BASED ABOARD A SHIP IS TO BE VIEWED AS ASSIGNED TO SUCH SHIP FOR PURPOSES OF TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS. WHEN THE TRANSFER IS FROM A SHIP TO A STAFF BASED ABOARD A SHIP WITH THE SAME HOME PORT AS THAT OF THE SHIP FROM WHICH TRANSFERRED, THERE HAS BEEN NO PERMANENT CHANGE OF STATION FOR PURPOSES OF SUCH TRANSPORTATION. CONSEQUENTLY, NEITHER THE INTEREST OF THE GOVERNMENT PRINCIPLE OF DECISION OF MAY 6, 1960, NOR PARAGRAPH M8253-2 OF THE JOINT TRAVEL REGULATIONS AFFORDS AUTHORITY FOR TRANSPORTATION OF HOUSEHOLD EFFECTS IN SUCH CASES.

W UNDERSTAND THAT THE OFFICE OF CHIEF OF NAVAL OPERATIONS HAS SPECIFICALLY DESIGNATED THE STAFF OF COMMANDER SECOND FLEET AS A SHIP BASED STAFF AND NOT A SHORE-BASED STAFF. THE FACT THAT THE NATURE OF CAPTAIN WINDSOR'S ASSIGNMENT IS SIMILAR TO SHORE DUTY AND THAT HE OCCUPIES QUARTERS ASHORE WHILE THE SHIP IS AT THE HOME PORT AFFORDS NO SOUND BASIS UPON WHICH WE MAY DISAGREE WITH THE OFFICE OF CHIEF OF NAVAL OPERATIONS IN THAT RESPECT. THE U.S.S. NEWPORT NEWS (CA-148) IS ASSIGNED AS THE PERMANENT FLAGSHIP OF THE STAFF AND IS HOME PORTED AT NORFOLK, VIRGINIA. IN THESE CIRCUMSTANCES CAPTAIN WINDSOR'S TRANSFER FROM THE INDEPENDENCE TO THE STAFF OF COMMANDER SECOND FLEET MUST BE VIEWED AS A SHIP-TO-SHIP ASSIGNMENT.

SINCE THE INDEPENDENCE AND NEWPORT NEWS ARE HOME PORTED AT NORFOLK, VIRGINIA, CAPTAIN WINDSOR'S TRANSFER FROM THE INDEPENDENCE TO THE STAFF OF COMMANDER SECOND FLEET WAS NOT A PERMANENT CHANGE OF STATION FOR PURPOSE OF TRANSPORTATION OF HOUSEHOLD EFFECTS AND IN THE ABSENCE OF A PERMANENT CHANGE OF STATION FOR SUCH PURPOSE SHIPMENT OF HIS HOUSEHOLD EFFECTS IS NOT LEGALLY AUTHORIZED AT GOVERNMENT EXPENSE. HIS RIGHTS IN THIS RESPECT CONTINUE UNDER THE ORDERS ASSIGNING HIM TO THE INDEPENDENCE UNTIL HE IS ORDERED TO DUTY ASHORE OR THERE IS A CHANGE IN THE HOME PORT LOCATION OF HIS SEA DUTY ASSIGNMENT.