B-110855, AUG 13, 1952

B-110855, AUG 13, 1952

PRECIS-UNAVAILABLE

MRS. MIRIAM F. HOFFECKER:

REFERENCE IS MADE TO YOUR LETTER OF JULY 8, 1952, REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 23, 1952, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM BALTIMORE, MARYLAND, TO CHESTERTOWN, MARYLAND, ON JANUARY 21, 1952, INCIDENT TO THE DEATH OF YOUR HUSBAND, MAJOR FRANK S. HOFFECKER, JR., USMCR, ON AUGUST 12, 1951, IN THE KOREAN AREA.

THE RECORD SHOWS THAT ON AUGUST 20, 1951, AT U.S. MARINE CORPS AIR STATION, EL TORO, CALIFORNIA, YOU EXECUTED AN APPLICATION FOR SHIPMENT OF HOUSEHOLD EFFECTS FROM COSTA MESA, CALIFORNIA, TO BALTIMORE, MARYLAND, WITH STORAGE IN TRANSIT NOT TO EXCEED 60 DAYS; THAT THE SHIPMENT WAS AUTHORIZED BY DISPATCH OF AUGUST 21, 1951, FROM THE COMMANDANT OF THE MARINE CORPS TO THE COMMANDING OFFICER, MARINE CORPS AIR STATION, EL TORO; THAT ON AUGUST 22, 1951, THE EFFECTS, WEIGHING 5,810 POUNDS, WERE SHIPPED FROM COSTA MESA TO A PLACE OF COMMERCIAL STORAGE IN BALTIMORE WHERE THEY REMAINED AT GOVERNMENT EXPENSE UNTIL JANUARY 21, 1952, AT WHICH TIME THEY WERE SHIPPED FROM BALTIMORE TO CHESTERTOWN AT YOUR EXPENSE. YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF THE LATTER SHIPMENT WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE, IT BEING STATED THEREIN THAT UNDER APPLICABLE REGULATIONS YOU WERE ENTITLED TO SHIPMENT TO A DESIGNATED PLACE AND THAT SHIPMENT HAVING BEEN MADE TO THE PLACE DESIGNATED BY YOU UPON APPROVAL BY THE COMMANDANT OF THE MARINE CORPS, YOU WERE NOT ENTITLED TO FURTHER SHIPMENT AT GOVERNMENT EXPENSE. IN YOUR REQUEST FOR REVIEW YOU STATE YOU ARE "WELL AWARE" THAT ACCORDING TO REGULATIONS THE MOVE FROM BALTIMORE TO CHESTERTOWN CANNOT BE ALLOWED, BUT THAT SINCE THE MARINE CORPS IN TRANSMITTING THE CLAIM TO THIS OFFICE RECOMMENDED THAT IT BE PAID, YOU DESIRE AN EXPLANATION AS TO WHY SUCH RECOMMENDATION WAS NOT FOLLOWED; ALSO, THAT AT THE TIME YOU APPLIED FOR SHIPMENT TO BALTIMORE YOU DID NOT HAVE A HOME TO WHICH SHIPMENT COULD BE MADE, AND THAT YOU WERE ADVISED BY THE SHIPPING OFFICER AT EL TORO THAT SHIPMENT TO BALTIMORE FOR TEMPORARY STORAGE WOULD BE REGARDED AS AN INCOMPLETE MOVEMENT OF YOUR HOUSEHOLD EFFECTS AND THAT YOU WOULD BE ENTITLED TO HAVE THE SHIPMENT COMPLETED UPON SELECTION OF A HOME. THE RECORD FURTHER SHOWS THAT YOU WERE NATIVE TO THE BALTIMORE-CHESTERTOWN AREA, AND THAT YOU RECEIVED MILEAGE FOR TRAVEL OF SELF AND CHILDREN FROM COSTA MESA, CALIFORNIA, TO ROCK HALL, MARYLAND, INCIDENT TO YOUR HUSBAND'S DEATH.

THE ADMINISTRATIVE RECOMMENDATION IN THIS CASE WAS THAT THE CLAIM BE PAID "IN THE AMOUNT FOUND DUE." THE STATUTORY AUTHORITY APPLICABLE TO THE CLAIM HERE INVOLVED, IS CONTAINED IN SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 815, WHICH PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED, TRANSPORTATION OF DEPENDENTS AND BAGGAGE AND HOUSEHOLD EFFECTS IS AUTHORIZED UPON THE DEATH OF A MEMBER OF THE UNIFORMED SERVICES WHILE ENTITLED TO RECEIVE BASIC PAY. JOINT TRAVEL REGULATIONS FOR THE UNIFORMED SERVICES PROMULGATED PURSUANT THERETO PROVIDE (PARAGRAPH 8011-2) THAT UPON DECEASE OF A MEMBER, SHIPMENT OF HOUSEHOLD EFFECTS MAY BE MADE FROM LAST PERMANENT DUTY STATION AND/OR PLACE OF STORAGE TO THE HOME OF THE PERSON LEGALLY ENTITLED THERETO, AND THAT (PARAGRAPH 8006-1A) UPON DECEASE OF A MEMBER, WHENEVER NECESSARY BECAUSE OF NON-AVAILABILITY OF HOUSING AT DESTINATION, TEMPORARY STORAGE NOT TO EXCEED SIX MONTHS IS AUTHORIZED "AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS." ORDINARILY, THIS WOULD INVOLVE STORAGE AT FINAL DESTINATION TO BE NAMED AT TIME OF SHIPMENT, IT BEING FURTHER PROVIDED IN SAID REGULATIONS (PARAGRAPH 8013-1) THAT THE AUTHORITY FOR SHIPMENT OF HOUSEHOLD EFFECTS EXTENDS ONLY TO THE THROUGH SHIPMENT TO AUTHORIZED ULTIMATE DESTINATION OF THE SAME LOT OF HOUSEHOLD EFFECTS AND THAT SHIPMENT MAY NOT BE MADE FOR THE CONVENIENCE OF THE SHIPPER TO SOME OTHER PLACE FOR RESHIPMENT LATER TO THE AUTHORIZED ULTIMATE DESTINATION. HENCE, YOU MAY NOT BE REIMBURSED THE FULL COST TO YOU OF THE SHIPMENT FROM BALTIMORE TO CHESTERTOWN. HOWEVER, SINCE THE EVIDENCE OF RECORD TENDS TO SUPPORT YOUR CONTENTION THAT IT WAS YOUR UNDERSTANDING AND THAT OF THE TRANSPORTATION OFFICER AT THE TIME SHIPMENT WAS COMMENCED THAT BALTIMORE WAS NOT TO BE THE ULTIMATE DESTINATION OF THE SHIPMENT AND SINCE SUCH ULTIMATE DESTINATION IN FACT WAS CHESTERTOWN, MARYLAND, YOU MAY BE REIMBURSED IN PART FOR THE COST OF THE SHIPMENT MADE BY YOU COMPUTED ON THE BASIS OF THE COST TO THE GOVERNMENT HAD THROUGH SHIPMENT BEEN MADE FROM COSTA MESA, CALIFORNIA, TO CHESTERTOWN, MARYLAND, LESS THE AMOUNT PAID FOR SHIPMENT FROM COSTA MESA, CALIFORNIA, TO BALTIMORE, MARYLAND.

A SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE ..END :