B-126091, FEBRUARY 2, 1956, 35 COMP. GEN. 445

B-126091, FEBRUARY 2, 1956, 35 COMP. GEN. 445

TRANSPORTATION - HOUSEHOLD EFFECTS - PERMANENT CHANGE OF VESSEL ORDERED WHILE ON SEA DUTY A TRANSFER, BETWEEN VESSELS, OF A MEMBER OF THE NAVAL SERVICE ON SEA DUTY IS NOT AN ASSIGNMENT FROM SHORE DUTY TO SEA DUTY SO AS TO ENTITLE THE MEMBER TO TRANSPORTATION OF HOUSEHOLD EFFECTS TO A SELECTED POINT AT GOVERNMENT EXPENSE AND, THEREFORE, ON TRANSFER FROM SEA DUTY TO SEA DUTY THE MEMBER IS LIMITED TO THE COST OF SHIPPING HIS HOUSEHOLD EFFECTS FROM THE OLD HOME PORT OR YARD OF THE VESSEL TO THE NEW HOME PORT.

TO THE SECRETARY OF THE NAVY, FEBRUARY 2, 1956:

REFERENCE IS MADE TO LETTER OF NOVEMBER 11, 1955, WITH ENCLOSURES, FROM THE ASSISTANT SECRETARY OF THE NAVY, REQUESTING A DECISION AS TO WHETHER PARAGRAPH 8009-4B (1), JOINT TRAVEL REGULATIONS, AUTHORIZES SHIPMENT OF HOUSEHOLD EFFECTS TO A SELECTED POINT UNDER PERMANENT CHANGE OF STATION ORDERS FROM SEA DUTY TO SEA DUTY, AS WELL AS FROM SHORE DUTY TO SEA DUTY.

THE SUBMISSION REFERS SPECIFICALLY TO THE CASE OF LIEUTENANT COMMANDER ROBERT J. ERICKSON, USN, WHOSE CLAIM FOR REFUND OF THE AMOUNT CHECKED IN HIS PAY ACCOUNT AS EXCESS COST FOR SHIPPING HIS HOUSEHOLD EFFECTS INCIDENT TO HIS TRANSFER BETWEEN VESSELS WAS DISALLOWED JUNE 21, 1955, BY OUR CLAIMS DIVISION.

IT APPEARS THAT BY ORDERS DATED JUNE 5, 1952, COMMANDER ERICKSON WAS DETACHED FROM DUTY AT DES MOINES, IOWA, AND ASSIGNED TO DUTY ABOARD THE U.S.S. LIOBA, ITS HOME PORT BEING NORFOLK, VIRGINIA. BY ORDERS DATED MARCH 27, 1953, HE WAS DETACHED FROM DUTY ABOARD THAT VESSEL AND ASSIGNED TO DUTY ABOARD THE U.S.S. CHEWAUCAN, ITS HOME YARD BEING PHILADELPHIA, PENNSYLVANIA. INCIDENT TO THE ORDERS OF JUNE 5, 1952, HOUSEHOLD EFFECTS WERE SHIPPED FOR HIM AT GOVERNMENT EXPENSE FROM DES MOINES, IOWA, TO NORFOLK, VIRGINIA, HOME PORT OF THE VESSEL ON WHICH HE WAS SERVING. INCIDENT TO THE ORDERS OF MARCH 27, 1953, HIS EFFECTS WERE SHIPPED ON A GOVERNMENT BILL OF LADING FROM NORFOLK, VIRGINIA, TO DES MOINES, IOWA. HIS PAY ACCOUNT WAS CHECKED $283.12 AS EXCESS COST FOR THAT SHIPMENT BECAUSE OF THE EXCESS DISTANCE INVOLVED OVER THAT FROM NORFOLK, HOME PORT OF THE U.S.S. LIOBA, TO PHILADELPHIA, HOME PORT OF THE U.S.S. CHEWAUCAN.

PARAGRAPH 8009-4B (1), JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, 37 U.S.C. 253, PROVIDES IN PART THAT WHEN A MEMBER IS ORDERED TO SEA DUTY SHIPMENT OF HOUSEHOLD EFFECTS IS AUTHORIZED FROM THE LAST PERMANENT DUTY STATION TO THE NEAREST AVAILABLE NONTEMPORARY STORAGE OR TO SUCH LOCATION WITHIN THE UNITED STATES AS MAY BE DESIGNATED BY THE MEMBER CONCERNED. PARAGRAPH 8001-7 OF THE SAME REGULATIONS PROVIDES THAT THE TERM "PERMANENT CHANGE OF STATION" INCLUDES A CHANGE IN THE HOME YARD OR HOME PORT OF A VESSEL.

THE ORDERED TRANSFER OF A MEMBER BETWEEN VESSELS IS NOT AN ASSIGNMENT TO SEA DUTY. SUCH TRANSFER IN EFFECT KEEPS THE MEMBER ON A TOUR OF SEA DUTY TO WHICH HE PREVIOUSLY HAD BEEN ASSIGNED. THE PROVISIONS OF PARAGRAPH 8009-4B (1) OF THE JOINT TRAVEL REGULATIONS ARE REGARDED AS AUTHORIZING THE SHIPMENT AT GOVERNMENT EXPENSE OF HOUSEHOLD EFFECTS OF A MEMBER TO A SELECTED POINT INCIDENT TO ORDERS BY WHICH HE IS DETACHED FROM A SHORE STATION AND ASSIGNED TO SEA DUTY. IT FOLLOWS THAT WHERE A MEMBER'S HOUSEHOLD EFFECTS ARE SHIPPED TO THE HOME PORT OR HOME YARD OF THE ASSIGNED VESSEL WHEN FIRST ORDERED TO SEA DUTY, FURTHER SHIPMENT OF SUCH HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE TO A SELECTED POINT INCIDENT TO ORDERS TRANSFERRING HIM BETWEEN VESSELS IS NOT AUTHORIZED. IN SUCH A CASE, HE IS ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE, NOT TO EXCEED THE COST FROM THE OLD HOME YARD OR HOME PORT TO THE NEW HOME YARD OR HOME PORT. THERE IS NO DIFFERENCE IN THIS RESPECT BETWEEN A TRANSFER TO ANOTHER VESSEL HAVING A DIFFERENT HOME PORT AND THE CHANGE OF HOME PORTS OF A VESSEL ON WHICH THE MEMBER CONTINUES TO SERVE. ACCORDINGLY, THE QUESTION PRESENTED IS ANSWERED IN THE NEGATIVE.