B-121455, MAR 31, 1955

B-121455, MAR 31, 1955

PRECIS-UNAVAILABLE

MR. WILLIAM EUFFSTETLER:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 29, 1954, REQUESTING REVIEW OF SETTLEMENT DATED JUNE 8, 1954, WHICH ALLOWED $10.89 ON YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF MOVING YOUR DEPENDENTS AND HOUSEHOLD EFFECTS FROM COUPEVILLE, WASHINGTON, TO ANCHORAGE, ALASKA, IN CONNECTION WITH YOUR SERVICE AT FORT RICHARDSON, ALASKA, AS A SERGEANT, REGULAR ARMY.

IT APPEARS THAT YOUR DEPENDENTS DID NOT GO TO ALASKA UPON YOUR TRANSFER TO THAT TERRITORY. A COMMUNICATION FROM HEADQUARTERS, FORT RICHARDSON, APPARENTLY RECEIVED BY YOU ON AUGUST 2, 1951, ALERTED YOU FOR FAMILY QUARTERS NO. 371-E WHICH WERE TO BECOME AVAILABLE ON OR ABOUT AUGUST 10, 1951, AND YOU WERE ADVISED TO NOTIFY THE BILLETING OFFICE AT FORT RICHARDSON IF YOU COULD NOT OCCUPY SUCH QUARTERS WITHIN SEVEN DAYS OF THAT DATE. YOU WERE GRANTED A 24-DAY EXTENSION OF THE TIME ALLOWED WITHIN WHICH TO OCCUPY THE QUARTERS, AND BY ORDERS OF AUGUST 9, 1951, YOU WERE AUTHORIZED TO VISIT COUPEVILLE, WHERE YOU ARRIVED ON AUGUST 16, 1951. RETURN TRAVEL WITH YOUR DEPENDENTS WAS ACCOMPLISHED BY PRIVATELY OWNED CONVEYANCE DURING THE PERIOD AUGUST 20 TO 26, 1951, AND IT IS STATED THAT CLOTHING AND HOUSEHOLD EFFECTS OF A WEIGHT OF 1,500 POUNDS WERE CARRIED ON A 7 X 4 1/2 FOOT TRAILER ATTACHED TO YOUR CAR. YOU STATE THAT THERE WAS NOT SUFFICIENT TIME TO SECURE TRAVEL ORDERS FOR YOUR DEPENDENTS AND HAVE THEM TRAVEL BY MILITARY VESSEL WITHIN THE TIME LIMIT GRANTED BY THE BILLETING OFFICE.

THE CHIEF OF TRANSPORTATION, DEPARTMENT OF THE ARMY, HAS REPORTED THAT THE U.S.N.S. FUNSTON, AVAILABLE FOR DEPENDENT TRAVEL, LEFT SEATTLE, WASHINGTON, FOR ALASKA ON AUGUST 25 AND SEPTEMBER 10, 1951, AND THAT MILITARY AIR TRANSPORTATION SERVICE, TOGETHER WITH "CONTRACTUAL AIR," SUPPLIED ALMOST DAILY SERVICE, SUITABLE AND ADEQUATE FOR DEPENDENTS, BETWEEN MCCHORD AIR FORCE BASE, WASHINGTON, AND ELMENDORF AIR FORCE BASE, ANCHORAGE, ALASKA.

UNDER THE PROVISIONS OF PARAGRAPHS 7000 AND 8009-4B, JOINT TRAVEL REGULATIONS, YOU WERE ENTITLED TO MOVEMENT OF DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE TO YOUR STATION IN ALASKA. HOWEVER, PARAGRAPH 7002-1B OF SUCH REGULATIONS PROVIDES THAT THE TRAVEL FROM THE UNITED STATES "WILL NOT BE OTHER THAN BY GOVERNMENT VESSEL, IF AVAILABLE *** OR BY GOVERNMENT AIRCRAFT, IF THIS MODE OF TRAVEL IS AVAILABLE AND ACCEPTABLE TO THE MEMBER FOR HIS DEPENDENTS." PARAGRAPH 8053 STATES THAT WATER SHIPMENT OF HOUSEHOLD GOODS NORMALLY WILL BE MADE BY GOVERNMENT VESSEL.

SINCE IT APPEARS THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR THE MOVEMENT OF YOUR DEPENDENTS AND HOUSEHOLD GOODS TO ANCHORAGE, THERE IS NO AUTHORITY FOR REIMBURSEMENT OF THE COST BY PRIVATELY OWNED CONVEYANCE FOR AN AMOUNT IN EXCESS OF THE COST OF SHIPMENT TO AND FROM THE TERMINAL POINTS WHERE SUCH GOVERNMENT TRANSPORTATION WAS AVAILABLE. THERE APPEARS TO HAVE BEEN AMPLE TIME BETWEEN AUGUST 2 AND THE TIME YOU LEFT YOUR STATION ON AUGUST 16, TO SECURE ORDERS FOR YOUR DEPENDENTS' TRAVEL BY GOVERNMENT TRANSPORTATION, AND IF YOUR DEPENDENTS HAD TRAVELED ON THE U.S.N.S. FUNSTON, LEAVING SEATTLE ON AUGUST 25, THEY WOULD HAVE ARRIVED AT ANCHORAGE BEFORE EXPIRATION OF THE 24 DAYS' TIME EXTENSION GRANTED FOR OCCUPANCY OF FAMILY QUARTERS. THEY COULD HAVE REACHED THAT PLACE AT AN EARLIER DATE BY TRAVELING ON GOVERNMENT AIRCRAFT.

POSSIBLY YOU DID NOT USE GOVERNMENT TRANSPORTATION BECAUSE YOU WERE NOT AWARE OF YOUR RIGHTS AT THAT TIME, SINCE YOU STATE THAT "I WAS NOT INSTRUCTED ON MY RIGHTS AS A 1ST 3 GRADER ON TRAVEL OF DEPENDENTS." HOWEVER, SUCH FACT DOES NOT GIVE YOU RIGHTS NOT ACCRUING TO OTHER PERSONNEL SO AS TO PERMIT THEIR TRANSPORTATION AT GOVERNMENT EXPENSE BY AN UNAUTHORIZED MEANS.

IF YOUR DEPENDENTS HAD BEEN MOVE TO ALASKA BY GOVERNMENT VESSEL, THE ONLY COST TO THE GOVERNMENT WOULD HAVE BEEN THAT FROM COUPEVILLE TO SEATTLE AND FROM THE POINT OF DEBARKATION IN ALASKA TO ANCHORAGE. THE SETTLEMENT OF JUNE 8 ALLOWED YOU $0.09 PER MILE FOR CONSTRUCTIVE TRAVEL OF YOUR DEPENDENTS FROM COUPEVILLE TO SEATTLE AND FROM WHITTIER, ALASKA, TO ANCHORAGE.

CONCERNING THE MATTER OF YOUR HOUSEHOLD EFFECTS, IT IS NOTED THAT YOU MADE NO CLAIM FOR REIMBURSEMENT OF THE COST OF MOVING YOUR EFFECTS UNTIL FEBRUARY 9, 1953, SHORTLY BEFORE YOUR SEPARATION FROM THE SERVICE. THERE IS NOTHING WHICH SHOWS THAT YOU ACTUALLY WEIGHED YOUR EFFECTS. WHILE YOU THEN MENTIONED THAT SOME PERSONAL CLOTHING AND EFFECTS WERE MOVED TO ANCHORAGE ON A SMALL TRAILER ATTACHED TO YOUR CAR, YOU APPARENTLY MADE CLAIM ONLY FOR YOUR DEPENDENTS' TRAVEL, SINCE NO WEIGHT OF HOUSEHOLD GOODS WAS GIVEN AND MILEAGE WAS CLAIMED AS AN ALTERNATE METHOD OF REIMBURSEMENT. IT WAS NOT UNTIL MARCH 1954 THAT CLAIM IN THE AMOUNT OF $750 (OBVIOUSLY EXCESSIVE) WAS ASSERTED FOR SHIPMENT OF YOUR CAR AND HOUSEHOLD EFFECTS TO ANCHORAGE. SUCH RECORD DOES NOT FURNISH A BASIS FOR FIXING THE ACTUAL WEIGHT OF THE EFFECTS INVOLVED AND THUS DETERMINE THE AMOUNT, IF ANY, TO WHICH YOU OTHERWISE MIGHT BE ENTITLED AS CONSTRUCTIVE COST OF MOVING YOUR EFFECTS TO AND FROM THE TERMINAL POINTS OF THE AVAILABLE GOVERNMENT VESSEL. AS TO YOUR RIGHT TO SHIPMENT OF YOUR CAR, PARAGRAPH 8000-2, JOINT TRAVEL REGULATIONS, STATES THAT AUTOMOBILES ARE NOT INCLUDED IN THE TERM "HOUSEHOLD GOODS" WHICH MAY BE MOVED AT GOVERNMENT EXPENSE. WHILE IT IS UNDERSTOOD THAT THE MILITARY SERVICES DO SHIP PRIVATE AUTOMOBILES OF SOME MILITARY PERSONNEL TO OVERSEAS STATIONS, SUCH SHIPMENTS ARE NOT A MATTER OF RIGHT AND ARE MADE ON A SPACE-AVAILABLE BASIS.

THERE BEING NO BASIS FOR THE PAYMENT TO YOU OF ANY ADDITIONAL SUM, THE SETTLEMENT OF JUNE 8, 1954, IS SUSTAINED.