B-145209, MAY 10, 1961

B-145209, MAY 10, 1961

TO SECOND LIEUTENANT ED J. JOHNSON, USAR:

YOUR LETTER DATED NOVEMBER 21, 1960, REQUESTS REVIEW OF OUR SETTLEMENT OF OCTOBER 31, 1960, WHICH ALLOWED $17.53 OF YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF MOVING YOUR HOUSEHOLD EFFECTS FROM OVERLAND, MISSOURI, TO EL PASO, TEXAS.

BY ORDERS DATED MAY 25, 1960, YOU WERE ORDERED TO ACTIVE DUTY FOR TRAINING EFFECTIVE JULY 6, 1960, AND DIRECTED TO PROCEED TO FORT BLISS, TEXAS, TO ATTEND MISSILE OFFICERS' BASIC COURSE, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR HOME TO BE RELEASED FROM ACTIVE DUTY ON JANUARY 5, 1961. THE ORDERS PROVIDED THAT SHIPMENT OF THE PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE OF HOUSEHOLD GOODS WAS NOT AUTHORIZED AND THAT SHIPMENT OF THE TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE WAS AUTHORIZED. THE ORDERS WERE ADDRESSED TO YOU AT YOUR HOME, SMYRNA, TENNESSEE, AND WERE RECEIVED BY YOU AT ST. LOUIS, MISSOURI. YOU RENTED A TRAILER FOR $81.50 PLUS TAX AND HAULED YOUR HOUSEHOLD GOODS FROM OVERLAND, MISSOURI, TO EL PASO, TEXAS, DURING THE PERIOD JUNE 30 TO JULY 6, 1960. AN INVENTORY SHOWS THAT YOUR EFFECTS OCCUPIED 447 CUBIC FEET WHICH AT SEVEN POUNDS PER CUBIC FOOT EQUALS 3,129 POUNDS, INCLUDING 42 POUNDS OF PROFESSIONAL BOOKS. THE AMOUNT ALLOWED BY THE SETTLEMENT OF OCTOBER 31, 1960, WAS COMPUTED ON THE BASIS OF THE PROPORTIONATE SHARE OF THE COST OF SHIPPING YOUR TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE OF HOUSEHOLD GOODS PLUS ALLOWANCE FOR PACKING AND THE WEIGHT OF PROFESSIONAL BOOKS. YOUR REQUEST FOR REVIEW YOU SAY THAT WHEN HEADQUARTERS FOURTH UNITED STATES ARMY FORWARDED YOUR CLAIM TO THE CHIEF, TRANSPORTATION DIVISION, IT RECOMMENDED REIMBURSEMENT OF THE COST INCURRED LESS SALES TAX AND NOT TO EXCEED THE COST APPLICABLE FROM SMYRNA, TENNESSEE, TO EL PASO, TEXAS. YOU FURTHER SAY YOU WERE ADVISED IT WOULD HAVE COST THE ARMY $118.94 TO SHIP YOUR EFFECTS BY VAN.

TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS GOVERNED BY APPLICABLE LAW AND REGULATIONS. SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS OR REIMBURSEMENT THEREFOR WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED,"WITHOUT REGARD TO THE COMPARATIVE COSTS OF THE VARIOUS MODES OF TRANSPORTATION.' THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT STATUTORY AUTHORITY PROVIDE (PARAGRAPHS 8001 AND 8002) A TEMPORARY CHANGE OF STATION ALLOWANCE FOR A SECOND LIEUTENANT OF 600 POUNDS PLUS FIVE PERCENT FOR PACKING FOR VAN OR TRUCK SHIPMENT, AND THAT (PARAGRAPH 8003) PROFESSIONAL BOOKS MAY BE SHIPPED WITHOUT CHARGE AGAINST THE WEIGHT ALLOWANCE. PARAGRAPH 8009-2 OF THE SAME REGULATIONS PROVIDES THAT SHIPMENT OF THE PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE IS NOT AUTHORIZED FOR MEMBERS ORDERED TO ACTIVE DUTY FOR LESS THAN SIX MONTHS. PARAGRAPH 8252-2 PROVIDES THAT A MEMBER OF THE RESERVE COMPONENTS WHO IS ORDERED TO ACTIVE DUTY FOR TRAINING FOR LESS THAN ONE YEAR WILL BE ENTITLED TO SHIP HIS HOUSEHOLD GOODS FROM HIS HOME OR THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO HIS STATION PROVIDED THE SHIPMENT DOES NOT EXCEED THE TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE AUTHORIZED IN PARAGRAPH 8002. THUS, NOTWITHSTANDING ANY ADMINISTRATIVE STATEMENTS THAT MAY HAVE CAUSED YOU TO BELIEVE OTHERWISE, THE MAXIMUM REIMBURSEMENT IN YOUR CASE WAS FOR 630 POUNDS (600 POUNDS PLUS FIVE PERCENT) PLUS THE WEIGHT OF PROFESSIONAL BOOKS (42 POUNDS) OR A TOTAL OF 672 POUNDS. SINCE YOU PAID $81.50 FOR HAULING 3,129 POUNDS REIMBURSEMENT COULD NOT EXCEED 672/3129 TIMES $81.50 OR $17.53, OTHERWISE YOU WOULD HAVE BEEN REIMBURSED FOR SHIPPING HOUSEHOLD GOODS IN EXCESS OF THE WEIGHT AUTHORIZED BY THE REGULATIONS.