B-137298, OCT 1, 1958

B-137298, OCT 1, 1958

PRECIS-UNAVAILABLE

K. J. COOK, JR., DISBURSING OFFICER:

YOUR LETTER OF AUGUST 15, 1958, REQUESTS AN ADVANCE DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF GALLAGHER TRANSFER AND STORAGE COMPANY, INCORPORATED, IN THE AMOUNT OF $335 FOR MOVING THE HOUSEHOLD EFFECTS OF COLONEL WILLIAM H. LEWIS, QE, 020598. YOUR LETTER WAS FORWARDED TO US BY THE OFFICE OF THE CHIEF OF ENGINEERS BY SECOND INDORSEMENT DATED AUGUST 28, 1958. SEE PARAGRAPH 11- 3B(2), ARMY REGULATIONS 37-103, CHANGE 1, DATED APRIL 24, 1957.

BY PARAGRAPH 31, SPECIAL ORDERS NO. 102, DATED MAY 21, 1958, COLONEL LEWIS WAS RELEASED FROM ASSIGNMENT AT VICKSBURG, MISSISSIPPI, WITH DUTY STATION AT NEW ORLEANS, LOUISIANA, EFFECTIVE JULY 31, 1958, PLACED ON THE RETIRED LIST ON AUGUST 1, 1958, AND DIRECTED TO PROCEED TO HIS HOME OF SELECTION. ON JULY 30 AND 31, 1958, HIS HOUSEHOLD EFFECTS WERE MOVED FROM 6200 LOYOLA AVENUE, NEW ORLEANS, TO 1218 STATE STREET, NEW ORLEANS. SINCE COLONEL LEWIS' HOUSEHOLD EFFECTS WERE LOCATED IN NEW ORLEANS AT THE TIME OF HIS RETIREMENT AND AT THE TIME HE DESIGNATED NEW ORLEANS AS HIS HOME OF SELECTION, AND SINCE THE MOVEMENT OF HIS HOUSEHOLD EFFECTS WAS FROM ONE ADDRESS TO ANOTHER WITHIN THE SAME CITY, YOU QUESTION WHETHER PAYMENT IS AUTHORIZED.

THE SHIPMENT OF HOUSEHOLD EFFECTS OF MEMBERS OF THE ARMED SERVICES IS GOVERNED BY SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, AND CHAPTER 8 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT SECTION. PARAGRAPH 8000-4-4 OF THOSE REGULATIONS PROVIDES THAT A DUTY STATION INCLUDES THE HOME OF A MEMBER UPON RETIREMENT. PARAGRAPH 8000-6 PROVIDES THAT A PERMANENT CHANGE OF STATION SHALL INCLUDE THE CHANGE FROM LAST PERMANENT DUTY STATION TO HOME UPON RETIREMENT. PARAGRAPH 8005-1-4 PROVIDES THAT NECESSARY DRAYAGE OR HAULING OF HOUSEHOLD GOODS WITHIN PRESCRIBED WEIGHT ALLOWANCE IS AUTHORIZED FROM ONE AREA TO ANOTHER WITHIN THE SAME CITY, TOWN, OR METROPOLITAN AREA IN CONNECTION WITH A PERMANENT CHANGE OF STATION. THUS, THE REGULATIONS AUTHORIZE LOCAL HAULING OF HOUSEHOLD EFFECTS UPON RETIREMENT. SEE 33 COMP. GEN. 470. IN THE PRESENT CASE, THE HOUSEHOLD EFFECTS WERE MOVED FROM THE MEMBER'S ACTIVE-DUTY RESIDENCE TO A RESIDENCE SELECTED BY HIM IN THE SAME CITY UPON HIS RETIREMENT. SINCE THIS WAS AN INTRA-CITY MOVE OF THE TYPE CONTEMPLATED BY THE REGULATIONS, PAYMENT IS AUTHORIZED.

IT IS NOTED, HOWEVER, THAT THERE IS NO EVIDENCE OF THE WEIGHT OF THE SHIPMENT OR THE CUBIC MEASUREMENT FROM WHICH THE WEIGHT MAY BE COMPUTED. (PARAGRAPH 8001-1, JOINT TRAVEL REGULATIONS). WHEN THE ORDERS OF MAY 21, 1958, WERE ISSUED THE OFFICER WAS SERVING IN THE RANK OF LIEUTENANT COLONEL. AS SUCH, HIS AUTHORIZED WEIGHT ALLOWANCE UPON PERMANENT CHANGE OF STATION (PARAGRAPH 8001-1, JOINT TRAVEL REGULATIONS) WAS 10,000 POUNDS PLUS FIVE PERCENT INCREASE TO ALLOW FOR PACKING AND CRATING FOR SHIPMENT BY VAN. IN THE EVENT THE SHIPMENT EXCEEDED THE AUTHORIZED WEIGHT ALLOWANCE THE OFFICER SHOULD BE CHARGED WITH THE EXCESS COST INVOLVED IN ACCORDANCE WITH PARAGRAPH 8101 OF THE REGULATIONS.

THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH.