B-118949, JUN. 29, 1955

B-118949, JUN. 29, 1955

TO LIEUTENANT COLONEL JOHN R. FENOLI, USAF:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 11, 1954, CONCERNING THE ACTION TAKEN IN SETTLEMENT DATED OCTOBER 23, 1953, WHERE THE SUM OF $84.01 CERTIFIED TO BE DUE YOU FOR TRANSPORTATION OF HOUSEHOLD EFFECTS FROM SCOTT AIR FORCE BASE, ILLINOIS, TO MT. VERNON, ILLINOIS, ON MAY 23, 1950, WAS APPLIED TO LIQUIDATE YOUR REPORTED INDEBTEDNESS TO THE UNITED STATES FOR EXCESS COST INCURRED BY THE UNITED STATES IN THE TRANSPORTATION OF CERTAIN HOUSEHOLD EFFECTS FROM OAKLAND, CALIFORNIA, TO SCOTT AIR FORCE BASE, ILLINOIS, AND TO PARTIALLY LIQUIDATE YOUR INDEBTEDNESS TO THE VETERANS ADMINISTRATION IN THE AMOUNT OF $301 ON ACCOUNT OF NONDEDUCTION OF CLASS N ALLOTMENT OF $3.50 PER MONTH AS PREMIUM ON NATIONAL SERVICE LIFE INSURANCE FOR THE PERIOD FROM APRIL 1, 1943, TO MAY 30, 1950.

BY LETTER DATED OCTOBER 17, 1952, THE CHIEF, TRANSPORTATION DIVISION, FINANCE CENTER, U.S. ARMY, WASHINGTON, D.C., FORWARDED FOR DIRECT SETTLEMENT YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING HOUSEHOLD EFFECTS AT PERSONAL EXPENSE FROM SCOTT AIR FORCE BASE, ILLINOIS, TO YOUR HOME OF RECORD, MT. VERNON, ILLINOIS, ON MAY 23, 1950, AND IN THAT LETTER HE REQUESTED THAT THE SUM OF $78.39 BE DEDUCTED FROM ANY AMOUNT FOUND DUE YOU TO LIQUIDATE YOUR INDEBTEDNESS IN THAT AMOUNT TO THE UNITED STATES FOR THE EXCESS COST INCURRED IN EARLIER SHIPMENTS OF YOUR EFFECTS AS SHOWN BY FINANCE DEPARTMENT FORM 1402, WHICH WAS ADDRESSED TO YOU ON JUNE 27, 1951.

THE RECORDS HERE SHOW THAT, UPON YOUR APPLICATION, 4,866 POUNDS OF HOUSEHOLD EFFECTS CONSIGNED TO MRS. MARY E. FENOLI, R.R. NO. 5, MT. VERNON, ILLINOIS, WERE SHIPPED BY ARMY TRANSPORT FROM JAPAN TO OAKLAND, CALIFORNIA, THEN TO DESTINATION ON GOVERNMENT BILL OF LADING NO. WV- 9694197, ISSUED SEPTEMBER 28, 1949. THIS SHIPMENT WAS MADE AS INCIDENT TO YOUR PERMANENT CHANGE OF STATION FROM APO 925 TO CLARK AIR FORCE BASE, APO 74 (PHILIPPINE ISLANDS), DIRECTED IN PARAGRAPH 13, OPERATIONAL ORDERS NO. 16, JULY 1, 1949, WHICH ALSO AUTHORIZED TRANSPORTATION OF YOUR SON, JOHN ., AND YOUR WIFE, JEANETTE E. FENOLI, TO THE PHILIPPINE ISLANDS. ORDERS OF MARCH 3 AND APRIL 5, 1950, WHICH STATED THAT YOU WOULD BE ACCOMPANIED BY DEPENDENTS, YOU WERE RELEASED FROM ASSIGNMENT AT CLARK AIR FORCE BASE AND ASSIGNED TO SCOTT AIR FORCE BASE, ILLINOIS, FOR SEPARATION. INCIDENT TO THESE ORDERS HOUSEHOLD EFFECTS WEIGHING 10,393 POUNDS WERE SHIPPED BY GOVERNMENT TRANSPORT TO OAKLAND, CALIFORNIA, THENCE IN TWO LOTS TO SCOTT AIR FORCE BASE ON GOVERNMENT BILLS OF LADING NOS. WV- 9701623, ISSUED APRIL 12, 1950, AND WV-9702411, ISSUED MAY 2, 1950.

AT THE TIME HERE INVOLVED THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MILITARY PERSONNEL AT GOVERNMENT EXPENSE WAS GOVERNED BY REGULATIONS ISSUED IN EXECUTIVE ORDER NO. 10053, DATED APRIL 20, 1949, EFFECTIVE FEBRUARY 1, 1949, PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 205 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 853, 858. UNDER THE PROVISIONS OF PARAGRAPHS 10 (B) AND 15C (3) OF THESE REGULATIONS PERSONNEL ON ACTIVE DUTY WERE ENTITLED, WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION, TO SHIPMENT OF HOUSEHOLD EFFECTS WITHIN THEIR AUTHORIZED WEIGHT ALLOWANCE FROM THE OLD TO THE NEW DUTY STATION, OR BETWEEN ANY POINTS INVOLVING NO GREATER COST, UPON THE CONDITION THAT ANY EXCESS COSTS INCURRED DUE TO EXCESS WEIGHT, OR BECAUSE OF SHIPMENT FOR A DISTANCE GREATER THAN FROM OLD TO NEW STATION, WOULD BE BORNE BY THE OWNER. UNDER PARAGRAPH 2 OF THESE REGULATIONS A MAJOR--- THE RANK HELD BY YOU AT THE TIME--- WAS AUTHORIZED TO SHIP AT GOVERNMENT EXPENSE INCIDENT TO A PERMANENT CHANGE OF STATION 9,000 POUNDS OF HOUSEHOLD EFFECTS INCREASED BY 40 PERCENT TO COVER THE WEIGHT OF MATERIALS USED IN PACKING AND CRATING WHERE, AS IN YOUR CASE, A PORTION OF THE MOVEMENT WAS BY WATER. THUS, UNDER THE REGULATIONS YOU WERE AUTHORIZED TO SHIP HOUSEHOLD EFFECTS OF A MAXIMUM WEIGHT OF 9,000 POUNDS PLUS 40 PERCENT, OR 12,600 POUNDS, FROM JAPAN TO THE PHILIPPINES INCIDENT TO YOUR ORDERS OF JULY 1, 1949, AND FROM THE PHILIPPINES TO YOUR HOME OF RECORD, MT. VERNON, ILLINOIS, INCIDENT TO YOUR ORDERS OF MARCH 3 AND APRIL 5, 1950.

SINCE THE SHIPMENT 10,393 POUNDS OF HOUSEHOLD EFFECTS IN TWO LOTS FROM CLARK AIR FORCE BASE TO MT. VERNON INCIDENT TO THE CHANGE OF STATION EFFECTED BY THE ORDERS OF MARCH 3 AND APRIL 5, 1950, EXCEEDED NEITHER YOUR WEIGHT ALLOWANCES NOR THE DISTANCE AUTHORIZED, NO EXCESS COST AS TO THIS SHIPMENT RESULTED. NO RIGHT ACCRUED TO YOU, HOWEVER, UNDER THE ORDERS OF JULY 1, 1949, TRANSFERRING YOU AND YOUR DEPENDENTS FROM JAPAN TO CLARK AIR FORCE BASE, TO SHIP HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FROM JAPAN TO ANY POINT AT A COST IN EXCESS OF THAT WHICH WOULD HAVE BEEN INCURRED IN THEIR MOVEMENT TO THE PHILIPPINE ISLANDS. YOU WERE FURNISHED TRANSPORTATION FOR YOUR EFFECTS BY GOVERNMENT TRANSPORT FROM JAPAN FOR A DISTANCE EQUAL OR GREATER THAN THAT TO THE PHILIPPINES. IT FOLLOWS THAT THERE WAS NO AUTHORITY UNDER APPLICABLE REGULATIONS TO SHIP EFFECTS AT PUBLIC EXPENSE FROM THE SAN FRANCISCO PORT OF EMBARKATION TO A POINT WITHIN CONTINENTAL UNITED STATES IN OCTOBER 1949. HENCE, THE FREIGHT CHARGES IN THE AMOUNT OF $336.24 INCURRED BY THE GOVERNMENT IN SHIPPING 4,866 POUNDS OF HOUSEHOLD EFFECTS TO MT. VERNON, ILLINOIS, OCTOBER 3 TO NOVEMBER 14, 1949, CONSTITUTE EXCESS COSTS PROPERLY CHARGEABLE TO YOU.

IN YOUR LETTER OF JANUARY 11, 1954, YOU CONTEND THAT YOU HAD NO INSURANCE IN EFFECT DURING THE PERIOD FROM APRIL 1, 1943, THROUGH MAY 31, 1950, AND THAT PRIOR TO SAID PERIOD YOU HAD CANCELLED YOUR INSURANCE. IN RESPONSE TO OUR INQUIRY CONCERNING THE INSURANCE IN QUESTION, THE VETERANS ADMINISTRATION, ST. PAUL, MINNESOTA, IN A REPORT DATED APRIL 21, 1954, STATED---

"ON APRIL 30, 1943, THE VETERAN APPLIED FOR $5,000 FIVE-YEAR LEVEL PREMIUM TERM INSURANCE. THIS INSURANCE WAS GRANTED UNDER ACCOUNT NUMBER N 1068 94 22, EFFECTIVE MAY 1, 1943, AT A PREMIUM RATE OF $3.50. A CLASS N ALLOTMENT FROM THE VETERAN'S SERVICE PAY FROM APRIL 1, 1943, THROUGH MAY 31, 1950. A LETTER DATED MARCH 19, 1951, FROM THE ARMY FINANCE CENTER REPORTED THAT NO DEDUCTIONS WERE MADE FROM THE VETERANS' ARMY PAY TO COVER PAYMENTS MADE TO THE VETERANS ADMINISTRATION.

"A 1948 SPECIAL DIVIDEND OF $165 WAS PAID ON THE INSURANCE UNDER N 1068 94 22 BY CHECK NUMBER 19,523,313 SENT TO THE VETERAN AT RFD NO. 5, MOUNT VERNON, ILLINOIS, ON APRIL 13, 1953. A 1951 SPECIAL DIVIDEND OF $35 WAS PAID UNDER ACCOUNT N 1068 94 22 BY CHECK NUMBER 22,613,282 AND WAS SENT TO THE SAME ADDRESS ON JULY 27, 1951.'

THE ABOVE REPORT SHOWS THAT YOU RECEIVED INSURANCE COVERAGE WITHOUT FULL PAYMENT ON YOUR PART FOR THIS PROTECTION, AND THAT YOU HAVE RECEIVED CASH PAYMENTS TOTALING $200 IN THE FORM OF DIVIDENDS ON ACCOUNT OF THIS INSURANCE. YOUR PAY RECORDS INDICATE THAT NO CLASS N DEDUCTIONS WERE MADE FROM YOUR PAY FOR THE PERIOD FROM APRIL 1, 1943, THROUGH MAY 31, 1950, TO REIMBURSE THE GOVERNMENT FOR INSURANCE PREMIUMS PAID ON YOUR BEHALF TO THE VETERANS ADMINISTRATION IN ACCORDANCE WITH ESTABLISHED PROCEDURE BY THE INSURANCE AND DEPOSITS DIVISION, OFFICE OF THE CHIEF OF FINANCE.

ACCORDINGLY, UPON A CORRECT COMPUTATION OF THE EXCESS COSTS INCURRED BY THE GOVERNMENT IN SHIPPING YOUR FIRST SHIPMENT OF HOUSEHOLD EFFECTS FROM JAPAN TO MT. VERNON, ILLINOIS, YOU ARE INDEBTED TO THE UNITED STATES FOR SUCH EXCESS COSTS IN THE AMOUNT OF $336.24, PLUS $301 (86 MONTHLY PREMIUMS OF $3.50 EACH) FOR NONDEDUCTION OF INSURANCE PREMIUMS, LESS THE AMOUNT OF $84.01 PROPERLY ALLOWABLE ON YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM SCOTT AIR FORCE BASE, ILLINOIS, TO MT. VERNON, ILLINOIS, ON MAY 23, 1950, OR $553.23. SUCH SUM SHOULD BE REMITTED HERE BY CHECK, DRAFT, OR MONEY ORDERS PAYABLE TO THE TREASURER OF THE UNITED STATES.