B-129498, OCT. 23, 1956

B-129498, OCT. 23, 1956

TO SERGEANT WILLIAM C. HIGGINS, USA: TO YOUR CLAIM FOR $30.22 REPRESENTING THE AMOUNT COLLECTED FROM YOU AS THE EXCESS COST OF SHIPPING A QUANTITY OF YOUR PERSONAL EFFECTS FROM SEATTLE, WASHINGTON, TO INDIANAPOLIS, INDIANA, IN NOVEMBER 1954, UPON YOUR RETURN FROM OVERSEAS.

BY ORDERS DATED NOVEMBER 9, 1954, OVERSEA RETURNEE STATION, FORT LAWTON, WASHINGTON, YOU WERE ASSIGNED TO FORT LEWIS, WASHINGTON, FOR DUTY. DELAY EN ROUTE OF 30 DAYS, CHARGEABLE AS LEAVE, WAS AUTHORIZED AT YOUR HOME, INDIANAPOLIS, INDIANA, BEFORE REPORTING TO YOUR NEW STATION. AT YOUR REQUEST, YOUR EFFECTS, WEIGHING 467 POUNDS, WERE SHIPPED FROM THE PORT OF DEBARKATION TO YOUR HOME ON BILL OF LADING DATED NOVEMBER 15, 1954. THEREAFTER, BY ORDERS DATED DECEMBER 3, 1954, FORT LEWIS, WASHINGTON, YOU WERE RELIEVED FROM ASSIGNMENT AT THAT STATION AND TRANSFERRED TO FORT LEONARD WOOD, MISSOURI, FOR DUTY UPON COMPLETION OF LEAVE. SINCE THE COST OF SHIPPING YOUR EFFECTS TO YOUR HOME EXCEEDED THE COST HAD THE SHIPMENT BEEN MADE TO THE STATION TO WHICH YOU WERE THEN ASSIGNED (FORT LEWIS), YOU WERE REQUIRED TO REMIT THE EXCESS COST INCURRED. IN YOUR PRESENT LETTER YOU STATE THAT SHIPMENT TO YOUR HOME PRIOR TO ORDERS TO FORT LEONARD WOOD RESULTED FROM FAULTY INFORMATION FURNISHED YOU AT THE PORT OF DEBARKATION.

THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MEMBERS OF THE ARMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814. THOSE REGULATIONS SPECIFICALLY PROVIDE THAT WHEN A MEMBER IS ORDERED FROM DUTY OVERSEAS TO AN UNRESTRICTED STATION WITHIN THE UNITED STATES, SHIPMENT IS AUTHORIZED FROM THE LAST DUTY STATION TO THE NEW DUTY STATION. WHEN SHIPMENT IS MADE TO A POINT OTHER THAN THE NEW STATION THE REGULATIONS PROVIDE THAT THE MEMBER WILL BEAR ALL TRANSPORTATION COSTS IN EXCESS OF SHIPMENT TO THE NEW STATION. THE REGULATIONS FURTHER PROVIDE THAT SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO ISSUANCE OF ORDERS EXCEPT IN CASE OF EMERGENCY, EXIGENCY OF THE SERVICE, OR WHEN REQUIRED BY SERVICE NECESSITY, AS DETERMINED BY THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED. THUS, ON THE BASIS OF ORDERS ASSIGNING YOU TO FORT LEWIS, WASHINGTON, UPON YOUR RETURN FROM DUTY OVERSEAS, SHIPMENT TO SOME OTHER POINT WAS AUTHORIZED ONLY IF YOU WOULD PAY THE EXCESS COST INVOLVED.

IF, AS INTIMATED BY YOU, IT WAS YOUR INTENTION TO MAKE THE SHIPMENT ON THE BASIS OF ANTICIPATED ORDERS TO A STATION NEARER TO YOUR HOME, SUCH SHIPMENT WOULD NOT BE AUTHORIZED UNTIL AFTER RECEIPT OF ORDERS UNLESS IT HAD BEEN DETERMINED BY AN APPROPRIATE AUTHORITY THAT EARLY SHIPMENT WAS REQUIRED BY AM EMERGENCY, EXIGENCY OF THE SERVICE, OR BY SERVICE NECESSITY. THIS DOES NOT APPEAR TO BE THE SITUATION IN YOUR CASE. THEREFORE, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF AUGUST 29, 1956, WAS CORRECT AND IS SUSTAINED.