B-144287, MARCH 22, 1961, 40 COMP. GEN. 537

B-144287, MARCH 22, 1961, 40 COMP. GEN. 537

MILITARY PERSONNEL - TRANSPORTATION OF HOUSEHOLD EFFECTS - MAXIMUM ENTITLEMENT COMPUTATION - SHIPMENTS TO OTHER THAN NEW STATION IN COMPUTING THE MAXIMUM ENTITLEMENT FOR SHIPMENT OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES ORDERED OVERSEAS INCIDENT TO PERMANENT CHANGE OF STATION, WHERE THE MEMBER SHIPS HIS EFFECTS OR A PORTION OF HIS EFFECTS TO A PLACE OTHER THAN THE NEW STATION, THE COST TO THE MEMBER'S SPONSORING SERVICE FOR GOVERNMENT OR COMMERCIAL OCEAN TRANSPORTATION SERVICES AND LAND TRANSPORTATION SERVICES BEYOND THE PORT OF EMBARKATION IS PROPER FOR INCLUSION UNDER PRESENT GOVERNMENT FINANCING PROCEDURES, PROVIDED THAT REIMBURSEMENT DOES NOT EXCEED THE COST OF THE SHIPMENT IN ONE LOT FROM THE OLD TO THE NEW STATION. A MEMBER OF THE UNIFORMED SERVICES WHO, INCIDENT TO A PERMANENT CHANGE OF STATION TO BOGOTA, COLOMBIA, WITH ENTITLEMENT TO A MAXIMUM HOUSEHOLD EFFECTS WEIGHT ALLOWANCE OF 6,000 POUNDS, PLACES 2,000 POUNDS IN NONTEMPORARY STORAGE, SHIPS 2,000 POUNDS TO THE NEW STATION, AND 2,000 POUNDS FROM WASHINGTON TO CHICAGO VIA COMMERCIAL VAN MAY HAVE THE COST OF OCEAN AND LAND TRANSPORTATION BEYOND THE PORT OF EMBARKATION INCLUDED IN THE DETERMINATION OF THE MEMBER'S MAXIMUM ENTITLEMENT FOR THE SHIPMENT FROM WASHINGTON TO CHICAGO.

TO THE SECRETARY OF THE AIR FORCE, MARCH 22, 1961:

REFERENCE IS MADE TO LETTER OF OCTOBER 10, 1960, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE, REQUESTING AN ADVANCE DECISION AS TO THE AUTHORIZED MAXIMUM ENTITLEMENT OF MEMBERS OF THE UNIFORMED SERVICES TO SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE FROM OLD DUTY STATION TO A PLACE OTHER THAN THE NEW DUTY STATION, UNDER THE CIRCUMSTANCES STATED BELOW. THE REQUEST FOR DECISION WAS ASSIGNED PDTATAC CONTROL NO. 60-35.

THE ASSISTANT SECRETARY STATES THAT IN ACCORDANCE WITH PARAGRAPH 8253-2 OF THE JOINT TRAVEL REGULATIONS, A MEMBER, UNDER PERMANENT CHANGE-OF- STATION ORDERS TO AN OVERSEAS STATION TO WHICH CONCURRENT TRAVEL OF DEPENDENTS AND COORDINATED SHIPMENT OF HOUSEHOLD GOODS ARE AUTHORIZED, IS ENTITLED TO HAVE HIS HOUSEHOLD GOODS (1) PLACED IN NONTEMPORARY STORAGE, SHIPPED TO HIS OVERSEAS STATION, OR SHIPPED TO A DESIGNATED PLACE; OR (2) HAVE A PORTION PLACED IN NONTEMPORARY STORAGE AND A PORTION SHIPPED TO HIS OVERSEAS STATION; OR (3) HAVE A PORTION PLACED IN NONTEMPORARY STORAGE AND A PORTION SHIPPED TO A DESIGNATED PLACE. IN ACCORDANCE WITH PARAGRAPH 8400-2, JOINT TRAVEL REGULATIONS, A MEMBER WHO IS ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS MAY HAVE SHIPMENTS FROM AND TO ANY POINTS PROVIDED THE COST TO THE GOVERNMENT IS LIMITED TO THAT WHICH WOULD HAVE BEEN ALLOWED ON A LIKE WEIGHT OF HOUSEHOLD GOODS WITHIN THE PRESCRIBED WEIGHT ALLOWANCE SHIPPED IN ONE LOT FROM THE LAST DUTY STATION TO THE NEW DUTY STATION. THEREFORE, A MEMBER WHO SHIPS A PORTION OF HIS HOUSEHOLD GOODS TO NONTEMPORARY STORAGE AND A PORTION TO HIS OVERSEAS STATION, AS AUTHORIZED BY PARAGRAPH 8253-2, JOINT TRAVEL REGULATIONS, MAY ALSO SHIP A PORTION TO ANOTHER PLACE UNDER PARAGRAPH 8400-2, JOINT TRAVEL REGULATIONS, WITHIN THE ENLISTMENT FROM THE OLD DUTY STATION TO THE NEW DUTY STATION. THE ASSISTANT SECRETARY EXPRESSES THE VIEW THAT IN MOST CASES THIS LATTER ENTITLEMENT WOULD BE LIMITED TO THE ENTITLEMENT FROM THE OLD DUTY STATION TO THE PORT OF EMBARKATION BECAUSE A ONE LOT SHIPMENT TO THE OVERSEAS STATION WOULD HAVE INVOLVED USE OF GOVERNMENT TRANSPORTATION BEYOND THE PORT OF EMBARKATION. HE SAYS, HOWEVER, THAT WHEN THE ENTITLEMENT FROM THE OLD TO THE NEW STATION INVOLVES COST OF COMMERCIAL CARRIER BEYOND THE PORT OF EMBARKATION, EITHER FOR THE OCEAN PORTION OR OVERLAND HAULING FROM THE PORT OF DEBARKATION, THERE EXISTS AN ELEMENT OF DOUBT AS TO WHETHER SUCH COSTS MAY BE CONSIDERED IN DETERMINING THE MAXIMUM ENTITLEMENT FOR THE SHIPMENT FROM THE OLD STATION TO A PLACE OTHER THAN THE NEW STATION. ILLUSTRATE THE PROBLEM, HE CITES THE CASE OF A MEMBER UNDER PERMANENT CHANGE-OF-STATION ORDERS FROM WASHINGTON, D.C; TO BOGOTA, COLOMBIA, WITH ENTITLEMENT TO A MAXIMUM WEIGHT ALLOWANCE OF 6,000 POUNDS WHO PLACES 2,000 POUNDS IN A NONTEMPORARY STORAGE, 2,000 POUNDS TO HIS OVERSEAS DUTY STATION (COMMERCIAL VAN WASHINGTON TO PORT OF NEW YORK--- COMMERCIAL VESSEL TO PORT OF DEBARKATION IN COLOMBIA AND COMMERCIAL VAN TO BOGOTA), AND 2,000 POUNDS FROM WASHINGTON TO CHICAGO VIA COMMERCIAL VAN. ALL SHIPMENTS MADE ON GOVERNMENT BILL OF LADING. THE ASSISTANT SECRETARY REQUESTS OUR DECISION AS TO WHETHER THE MAXIMUM ENTITLEMENT FOR THE SHIPMENT FROM WASHINGTON TO CHICAGO SHOULD BE LIMITED TO THE COST FROM WASHINGTON TO NEW YORK OR WHETHER THE MEASURE OF ALLOWANCE MAY BE BASED ON COST FROM WASHINGTON TO NEW YORK PLUS THE COST INVOLVED BEYOND THE PORT OF EMBARKATION.

THE STATUTORY AUTHORITY FOR TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C). THAT SECTION PROVIDES IN PART THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF PERMANENT STATION SHALL BE ENTITLED TO TRANSPORTATION IN KIND FOR DEPENDENTS, OR TO REIMBURSEMENT THEREFOR, OR TO A MONETARY ALLOWANCE IN LIEU OF SUCH TRANSPORTATION IN KIND. IT IS FURTHER PROVIDED THAT IN CONNECTION WITH A CHANGE OF STATION (WHETHER TEMPORARY OR PERMANENT) MEMBERS SHALL BE ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFORE, TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES.

UNDER THE REGULATIONS QUOTED IN YOUR LETTER IT APPEARS THAT A MEMBER ASSIGNED TO DUTY OVERSEAS HAS A RIGHT TO SHIPMENT OF HIS EFFECTS OVERSEAS WITHIN THE AUTHORIZED WEIGHT ALLOWANCE OR TO HAVE A PORTION PLACED IN NONTEMPORARY STORAGE OR SHIPPED TO A DESIGNATED PLACE. ALSO, IT APPEARS THAT SUCH MEMBER IS ENTITLED TO REIMBURSEMENT FOR THE COST OF SHIPMENT AS MADE NOT TO EXCEED THE COST OF THE SHIPMENT FROM THE OLD TO NEW STATION, INCLUDING UNDER PRESENT GOVERNMENT TRANSPORTATION FACILITY FINANCING PROCEDURES, THE COST TO THE SPONSORING SERVICE OF GOVERNMENT OR COMMERCIAL WATER TRANSPORTATION AS THE CASE MAY BE. COMPARE 40 COMP. GEN. 482. GOVERNMENT TRANSPORTATION IS AVAILABLE, IT IS ASSUMED THAT THE STANDARD PRICES OF THE MILITARY SEA TRANSPORTATION SERVICE WOULD BE UTILIZED IN DETERMINING THE MAXIMUM ENTITLEMENT.

ACCORDINGLY, IN ANSWER TO THE QUESTION PRESENTED, THE MAXIMUM ENTITLEMENT FOR THE SHIPMENT FROM WASHINGTON TO CHICAGO SHOULD BE LIMITED TO THE COST FROM WASHINGTON, D.C; TO BOGOTA, COLOMBIA, INCLUDING THE COST OF OCEAN AND LAND SHIPMENT BEYOND THE PORT OF EMBARKATION.