B-133683, NOV. 20, 1957

B-133683, NOV. 20, 1957

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO LETTER DATED JUNE 7, 1957, FROM U.S. NAVY REGIONAL ACCOUNTS OFFICE, FF120 (ABC:IC) L20 (C) 2123706, TRANSMITTING TO THIS OFFICE FOR SETTLEMENT THE CLAIM (241572-C) OF WILLIAM G. CHAGNON, PRC, USN. THE CLAIM IS FOR REFUND OF THE AMOUNTS CHECKED AGAINST MR. CHAGNON'S RETAINER PAY AS THE EXCESS COST OF SHIPPING HIS HOUSEHOLD EFFECTS FROM SAN DIEGO, CALIFORNIA, TO DOTHAN, ALABAMA, INCIDENT TO HIS RELEASE FROM ACTIVE DUTY AND TRANSFER TO THE FLEET RESERVE.

BY ORDERS DATED MAY 8 AND MAY 16, 1956, MR. CHAGNON WAS RELEASED FROM ACTIVE DUTY AT SAN DIEGO, CALIFORNIA, AND TRANSFERRED TO THE FLEET RESERVE EFFECTIVE MAY 16, 1956. THE ORDERS STATED THAT HIS HOME OF RECORD UPON LAST ENLISTMENT WAS SPRINGFIELD, MASSACHUSETTS, AND THAT HIS HOME AFTER SEPARATION WOULD BE HOLLYWOOD, FLORIDA, THE POINT TO WHICH THE RECORD INDICATES HE ELECTED TO RECEIVE TRAVEL ALLOWANCE. ON AUGUST 9, 1956, HIS HOUSEHOLD EFFECTS WERE SHIPPED FROM SAN DIEGO, CALIFORNIA, TO DOTHAN, ALABAMA, AT A COST TO THE GOVERNMENT OF $787.04. SINCE THE SHIPMENT WAS TO A POINT OTHER THAN THE HOME SELECTED BY HIM, IT WAS NOT IN ACCORDANCE WITH PARAGRAPH 8009-6 (A), JOINT TRAVEL REGULATIONS AND IT WAS CONCLUDED BY THE NAVY REGIONAL ACCOUNTS OFFICE THAT THE MEMBER WAS INDEBTED TO THE UNITED STATES FOR THE COST INCURRED. CHECK AGE OF HIS RETAINER PAY TO LIQUIDATE THE INDEBTEDNESS WAS INITIATED IN MAY 1957, TO BE COMPLETED BEFORE NOVEMBER 1, 1958, WHEN FULL RETAINER PAY IS SCHEDULED TO BE RESTORED.

THE SHIPMENT TO DOTHAN, RATHER THAN TO HOLLYWOOD, APPEARS TO HAVE BEEN THE RESULT OF EITHER A MISINTERPRETATION OF AN UNDATED LETTER FROM THE MEMBER TO THE COMMANDING OFFICER, NAVAL SUPPLY DEPOT, SAN DIEGO, CALIFORNIA, OR A LACK OF KNOWLEDGE OF APPLICABLE REGULATIONS AT THAT DEPOT. IN THAT LETTER THE MEMBER STATED THAT HIS HOUSEHOLD EFFECTS WERE IN STORAGE, AND REQUESTED ADVICE AS TO WHEN HE COULD EXPECT DELIVERY IN HOLLYWOOD, FLORIDA. HE FURTHER STATED THAT HE HAD BEEN LIVING WITH RELATIVES AT OJUS, FLORIDA, AND THAT HE HAD BEEN OFFERED A POSITION AT FORT RUCKER, ALABAMA, AND A PLACE FOR HIS FAMILY TO RESIDE AT 1015 WEST WOODLAND DRIVE, DOTHAN, ALABAMA. HE CONCLUDED HIS LETTER AS FOLLOWS:

"IF I COULD HAVE MY HOUSEHOLD GOODS SHIPPED TO DOTHAN INSTEAD OF HOLLYWOOD, FLORIDA, AT THE ABOVE ADDRESS AT NO EXTRA COST AND THE APPROXIMATE DATE OF ARRIVAL IT WOULD BE GREATLY RECIATED.'

IN REPLY, THE COMMANDING OFFICER, NAVAL SUPPLY DEPOT, SAN DIEGO, CALIFORNIA, BY LETTER OF AUGUST 8, 1956, ADVISED THE MEMBER THAT HIS EFFECTS WOULD BE PICKED UP ON AUGUST 9, 1956, AND THAT THEY WOULD BE SHIPPED TO DOTHAN, ALABAMA, AND WOULD ARRIVE APPROXIMATELY AUGUST 30, 1956. BOTH THE STANDARD FORM APPLICATION FOR SHIPMENT OF HOUSEHOLD EFFECTS AND THE BILL OF LADING ARE DATED AUGUST 9, 1956, THUS INDICATING THAT THE MEMBER HAD SIGNED THE FORMER IN BLANK AT SOME PRIOR DATE AND THAT IT WAS COMPLETED BY NAVY PERSONNEL TO SHOW HE HAD REQUESTED SHIPMENT TO DOTHAN SUBJECT TO THE USUAL PROVISION AS TO PAYMENT OF EXCESS COST.

WHILE PARAGRAPH 8009-6A, JOINT TRAVEL REGULATIONS, PROVIDES THAT SHIPMENT OF HOUSEHOLD GOODS TO ANY PLACE OTHER THAN THE HOME OF SELECTION IS NOT AUTHORIZED, COMPARATIVE COSTS NOTWITHSTANDING, THE MERE INQUIRY AS TO WHETHER SHIPMENT COULD BE MADE TO DOTHAN INSTEAD OF TO HOLLYWOOD "AT NO EXTRA COST," DOES NOT FURNISH A SUFFICIENT BASIS TO CHARGE MR. CHAGNON WITH THE COST OF SHIPMENT TO A POINT OTHER THAN AUTHORIZED BY REGULATIONS. THE SHIPMENT TO THAT POINT, WHILE UNAUTHORIZED, WAS NOT MADE AT THE DIRECTION OR REQUEST OF THE MEMBER. ACCORDINGLY, THE AMOUNTS WITHHELD FROM HIS RETAINER PAY TO LIQUIDATE THE ALLEGED INDEBTEDNESS MAY BE PAID TO HIM.