B-125515, JAN. 13, 1956

B-125515, JAN. 13, 1956

TO COLONEL HAROLD E. NELSON, QMC:

REFERENCE IS MADE TO YOUR LETTER, POSTMARKED SEPTEMBER 2, 1955, REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 9, 1955, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $51.60, REPRESENTING THE AMOUNT COLLECTED FROM YOU AS THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS TO STORAGE.

BY PARAGRAPH 29, SPECIAL ORDERS NO. 64, DATED APRIL 3, 1950, YOU WERE RELEASED FROM ASSIGNMENT WITH HEADQUARTERS SECOND ARMY, FORT GEORGE G. MEADE, MARYLAND (DUTY STATION WASHINGTON, D.C.), AND ASSIGNED TO EUROPEAN COMMAND, BREMERHAVEN, GERMANY, FOR DUTY. UPON YOUR APPLICATION FOR NONTEMPORARY STORAGE OF YOUR HOUSEHOLD EFFECTS, THEY WERE SHIPPED FROM BROOKLYN, NEW YORK, TO BELLBLUFF, VIRGINIA. YOU WERE ASSESSED EXCESS COST OF $51.60, ON THE BASIS THAT SHIPMENT WAS FOR GREATER DISTANCE THAN FROM LAST PERMANENT STATION. IN YOUR PRESENT LETTER YOU STATE YOU PREVIOUSLY HAD HAD PERMANENT CHANGES OF STATION FROM BROOKLYN TO ITALY, THENCE TO WASHINGTON, D.C. ; THAT YOU HAD NOT MOVED YOUR HOUSEHOLD EFFECTS ON THOSE CHANGES; THAT YOUR EFFECTS COULD HAVE BEEN PLACED IN STORAGE WHEREVER THE DEPARTMENT OF THE ARMY HAD SUFFICIENT SPACE, AND THAT BELLBLUFF WAS THE STORAGE POINT NEAREST YOUR HOME. IT APPEARS FROM AN EARLIER LETTER THAT BROOKLYN ALSO WAS YOUR HOME, AND THAT YOU BELIEVE THE REGULATIONS, WHEN CONSIDERED AS A WHOLE, ENTITLED YOU TO HAVE YOUR EFFECTS SHIPPED FROM BROOKLYN TO ANY POINT WHERE STORAGE WAS AVAILABLE.

AT THE TIME HERE INVOLVED, THE PACKING, CRATING AND SHIPMENT OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES WAS GOVERNED BY EXECUTIVE ORDER NO. 10053, DATED APRIL 20, 1949, BASED ON SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, AS AMENDED BY SECTION 205OF THE ACT OF AUGUST 2, 1946, 60 STAT. 860. THE PROVISIONS OF THAT ORDER WERE PUBLISHED AS ARMY REGULATIONS 55-160, DATED APRIL 29, 1949. PARAGRAPH 7B (1) PROVIDED THAT APPLICATION FOR NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS MAY BE MADE UPON ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES. PARAGRAPH 10B (2) PROVIDED THAT UPON TRANSFER OR ASSIGNMENT TO SEA DUTY; TO DUTY VERSEAS; OR TO PLACES WHERE THEIR DEPENDENTS ARE NOT, FOR MILITARY REASONS, PERMITTED TO ACCOMPANY OR JOIN THEM WITHIN FIVE MONTHS OR WHERE THE COMMANDING OFFICER HAS DETERMINED THAT QUARTERS FOR DEPENDENTS, IF AUTHORIZED, ARE NOT AVAILABLE, TRANSPORTATION OF HOUSEHOLD EFFECTS IS AUTHORIZED FROM THE "LAST DUTY STATION" TO SUCH LOCATIONS IN THE UNITED STATES AS MAY BE DESIGNATED, AND UPON SUBSEQUENT TRANSFER TO AN UNRESTRICTED STATION, FROM SUCH DESIGNATED LOCATIONS TO THE CURRENT DUTY STATION. THUS, WHEN A MEMBER IS TRANSFERRED TO A STATION WHICH, FOR MILITARY REASONS, HE CANNOT SHIP HIS HOUSEHOLD EFFECTS AT THE TIME OF HIS TRANSFER, THE REGULATIONS CLEARLY PROVIDED FOR SHIPMENT FROM THE LAST STATION TO A DESIGNATED PLACE (INCLUDING A PLACE OF STORAGE) AND, THEREAFTER, TO A NEW DUTY STATION. THE REGULATIONS ARE SPECIFIC AS TO THE DISTANCE FOR WHICH PAYMENT MAY BE MADE BY THE GOVERNMENT AND SUCH SPECIFIC PROVISIONS MAY NOT BE ENLARGED OR EXPANDED BY INTERPRETATION. SINCE YOUR EFFECTS WERE SHIPPED TO A PLACE OF STORAGE UPON ORDERS TO DUTY OVERSEAS, YOU WERE ENTITLED ONLY TO SHIPMENT FROM YOUR LAST STATION (WASHINGTON, D.C.), TO THE PLACE OF STORAGE (BELLBLUFF, VIRGINIA). SINCE YOUR EFFECTS WERE SHIPPED A GREATER DISTANCE, YOU WERE PROPERLY ASSESSED THE EXCESS COST INVOLVED, AND THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM.