B-143292, AUG. 2, 1960

B-143292, AUG. 2, 1960

TO CHARLES W. SCHULTZ, RD2, USN:

REFERENCE IS MADE TO YOUR LETTER OF MAY 18, 1960, AND ENCLOSURES, FORWARDED HERE BY THE NAVY REGIONAL ACCOUNTS OFFICE ON JUNE 1, 1960, REQUESTING REVIEW OF OUR SETTLEMENT DATED APRIL 21, 1960, WHICH ALLOWED IN PART YOUR CLAIM FOR TRAILER ALLOWANCE FOR TRANSPORTING YOUR TRAILER FROM CEDAR FALLS, IOWA, TO NATIONAL CITY, CALIFORNIA.

BY STANDARD TRANSFER ORDER NO. 1-59 YOU WERE TRANSFERRED FROM WATERLOO, IOWA, TO SUBIC BAY, PHILIPPINE ISLANDS, WHERE YOU REPORTED FOR DUTY IN FEBRUARY 1959. YOU STATE THAT INCIDENT TO THIS CHANGE OF STATION YOU WERE NOT PERMITTED TO HAVE YOUR HOUSE TRAILER TRANSPORTED TO SUBIC BAY; THAT YOU LEFT THE TRAILER IN IOWA; AND THAT ONLY YOUR ESSENTIAL HOUSEHOLD EFFECTS WERE SHIPPED AT GOVERNMENT EXPENSE FROM YOUR OLD TO YOUR NEW DUTY STATION.

BY ORDERS DATED DECEMBER 23, 1959, YOU WERE TRANSFERRED FROM SUBIC BAY, PHILIPPINE ISLANDS, TO DUTY ABOARD THE U.S.S. AMMEN (DD-527), THE HOME PORT OF WHICH VESSEL WAS SAN DIEGO, CALIFORNIA. YOU AND YOUR DEPENDENTS WERE FURNISHED TRANSPORTATION BY GOVERNMENT AIRCRAFT FROM OVERSEAS TO TRAVIS AIR FORCE BASE, CALIFORNIA, IN JANUARY 1960, AND YOU REPORTED FOR DUTY AT SAN DIEGO ON FEBRUARY 26, 1960. YOU WERE PAID MILEAGE FOR YOUR TRAVEL AND ALSO A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION OF YOUR DEPENDENTS FROM TRAVIS AIR FORCE BASE TO SAN DIEGO. YOU SAY THAT YOUR HOUSEHOLD EFFECTS WERE SHIPPED AT GOVERNMENT EXPENSE FROM SUBIC BAY TO SAN DIEGO AND THAT, AFTER YOUR ARRIVAL IN THE UNITED STATES AND WHILE ON AUTHORIZED LEAVE, YOU SOLD YOUR OLD TRAILER IN IOWA AND PURCHASED A NEW ONE. THE NEW TRAILER WAS MOVED AT YOUR EXPENSE BY A COMMERCIAL TRANSPORTER FROM CEDAR FALLS, IOWA, TO NATIONAL CITY, CALIFORNIA, IN FEBRUARY 1960, FOR WHICH MOVEMENT YOU CLAIMED A TRAILER ALLOWANCE. BY OUR SETTLEMENT DATED APRIL 21, 1960, YOU WERE ALLOWED A TRAILER ALLOWANCE OF $109 COMPUTED AT THE RATE OF 20 CENTS PER MILE BASED ON THE OFFICIAL HIGHWAY DISTANCE FROM TRAVIS AIR FORCE BASE, CALIFORNIA (YOUR PORT OF ENTRY TO THE UNITED STATES WHEN YOU RETURNED FROM SUBIC BAY), TO SAN DIEGO, CALIFORNIA, YOUR NEW DUTY STATION.

IN YOUR LETTER OF MAY 18, 1960, YOU SAY IN SUBSTANCE THAT SINCE IT WAS NECESSARY FOR YOU TO LEAVE YOUR OLD TRAILER IN IOWA WHEN YOU WERE ASSIGNED TO DUTY AT SUBIC BAY, AND SINCE THE NEW TRAILER WHICH YOU PURCHASED IN IOWA WAS TRANSPORTED FROM CEDAR FALLS, IOWA, TO NATIONAL CITY, CALIFORNIA, FOR USE AS A RESIDENCE AT YOUR NEW DUTY STATION, YOU SHOULD HAVE BEEN ALLOWED TRAILER ALLOWANCE AT THE RATE OF 20 CENTS PER MILE BASED ON THE DISTANCE FROM CEDAR FALLS,IOWA, TO SAN DIEGO, CALIFORNIA, RATHER THAN FROM TRAVIS AIR FORCE BASE TO SAN DIEGO. YOU ALSO SAY THE FACT THAT YOU PURCHASED THE NEW TRAILER WHILE ON LEAVE IN IOWA SHOULD NOT ADVERSELY AFFECT YOUR CLAIM.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO CERTAIN ALLOWANCES IN ADDITION TO THEIR OWN TRAVEL ALLOWANCES. THE ADDITIONAL ALLOWANCES, SUBJECT TO REGULATION BY THE SECRETARIES, INCLUDE TRANSPORTATION OF DEPENDENTS, TRANSPORTATION, INCLUDING PACKING AND CRATING OF BAGGAGE AND HOUSEHOLD EFFECTS, AND A DISLOCATION ALLOWANCE. THE SECTION FURTHER PROVIDES THAT IN LIEU OF TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS, A MEMBER WHO TRANSPORTS A HOUSE TRAILER OR MOBILE DWELLING WITHIN THE CONTINENTAL UNITED STATES FOR USE AS A RESIDENCE AND WHO WOULD OTHERWISE BE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD AFFECTS, SHALL, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, BE ENTITLED TO A REASONABLE ALLOWANCE, NOT TO EXCEED 20 CENTS PER MILE, OR TO THE DISLOCATION ALLOWANCE, WHICHEVER HE ELECTS.

PARAGRAPH 10007-1, CHANGE 84, SEPTEMBER 1, 1959, JOINT TRAVEL REGULATIONS, PROVIDES, WITH EXCEPTIONS NOT HERE MATERIAL, THAT WHEN A MEMBER IS RETURNED FROM DUTY OUTSIDE THE UNITED STATES TO THE UNITED STATES UNDER PERMANENT CHANGE OF STATION ORDERS, HE SHALL BE ENTITLED TO THE TRAILER ALLOWANCE FOR TRANSPORTATION OF A TRAILER WITHIN THE UNITED STATES IN ACCORDANCE WITH PARAGRAPH 10005-3 OR 4, AS APPLICABLE, PROVIDED HE HAS NOT SHIPPED HOUSEHOLD GOODS WITHIN THE UNITED STATES AT GOVERNMENT EXPENSE, AND HE HAS NOT AND WILL NOT CLAIM A DISLOCATION ALLOWANCE IN CONNECTION WITH THAT PERMANENT CHANGE OF STATION. THE PARAGRAPH FURTHER PROVIDES THAT SHIPMENT OF HOUSEHOLD GOODS FROM THE DUTY STATION OUTSIDE THE UNITED STATES TO THE PORT OF DEBARKATION IN THE UNITED STATES IN ACCORDANCE WITH PARAGRAPH 8010-4 DOES NOT BAR THE PAYMENT OF TRAILER ALLOWANCES UNDER AUTHORITY OF THAT PARAGRAPH. PARAGRAPH 10005-4 OF THE REGULATIONS PROVIDES IN PERTINENT PART THAT IN COMPUTING DISTANCES FROM PLACES OUTSIDE THE UNITED STATES THE MAXIMUM DISTANCE FOR WHICH THE TRAILER ALLOWANCE IS PAYABLE WILL BE THE HIGHWAY DISTANCE BETWEEN THE PORT WHERE THE MEMBER ACTUALLY ENTERS THE UNITED STATES AND THE MEMBER'S NEW STATION, NOT TO EXCEED THE HIGHWAY DISTANCE BETWEEN THE POINTS THE TRAILER WAS ACTUALLY TRANSPORTED IN THE UNITED STATES.

INCIDENT TO YOUR PERMANENT CHANGE OF STATION FROM SUBIC BAY, PHILIPPINE ISLANDS, TO SAN DIEGO, CALIFORNIA, DIRECTED BY ORDERS DATED DECEMBER 23, 1959, YOU WERE ENTITLED UNDER THE APPLICABLE PROVISIONS OF THE REGULATIONS TO A TRAILER ALLOWANCE FOR TRANSPORTING YOUR TRAILER FROM CEDAR FALLS, IOWA, TO NATIONAL CITY, CALIFORNIA, COMPUTED AT THE RATE OF 20 CENTS A MILE ON THE HIGHWAY DISTANCE FROM TRAVIS AIR FORCE BASE, CALIFORNIA (THE PORT WHERE YOU ACTUALLY ENTERED THE UNITED STATES FROM SUBIC BAY), TO SAN DIEGO, CALIFORNIA, YOUR NEW DUTY STATION. THE FACT THAT YOUR HOUSEHOLD EFFECTS WERE SHIPPED AT GOVERNMENT EXPENSE FROM SUBIC BAY TO A PORT OF DEBARKATION IN THE UNITED STATES, SAN DIEGO, CALIFORNIA, DOES NOT BAR THE PAYMENT TO YOU OF THE TRAILER ALLOWANCE TO WHICH YOU ARE OTHERWISE ENTITLED. ALSO, THE FACT THAT YOU PURCHASED THE NEW TRAILER IN IOWA WHILE ON LEAVE DOES NOT AFFECT YOUR RIGHTS IN THE MATTER.

THE SETTLEMENT OF APRIL 21, 1960, ALLOWED YOU THE TRAILER ALLOWANCE COMPUTED ON THE HIGHWAY DISTANCE FROM TRAVIS AIR FORCE BASE TO SAN DIEGO IN ACCORDANCE WITH THE REGULATIONS AND NO ADDITIONAL AMOUNT IS DUE YOU ON YOUR CLAIM. ACCORDINGLY, THE ACTION TAKEN IN OUR SETTLEMENT OF APRIL 21, 1960, IS SUSTAINED.