B-151694, AUG. 6, 1963

B-151694, AUG. 6, 1963

TO MR. JAMES F. MANCHASKI:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 17, 1963, FORWARDED HERE BY THE FINANCE CENTER, U.S. ARMY, IN EFFECT REQUESTING RECONSIDERATION OF THE SETTLEMENT DATED DECEMBER 18, 1962, WHICH ALLOWED YOU REIMBURSEMENT FOR TRAILER ALLOWANCE AT THE RATE OF 11 CENTS PER MILE FROM SPARTA, WISCONSIN, TO STEVENS POINT, WISCONSIN, INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY. IN YOUR CURRENT LETTER YOU STATE THAT IT WAS YOUR UNDERSTANDING THAT THE TRAILER ALLOWANCE WAS TO BE 35 CENTS PER MILE, AND NOT 11 CENTS PER MILE AS WAS ALLOWED.

THE SETTLEMENT DATED DECEMBER 18, 1962, ALLOWED YOU REIMBURSEMENT ON A MILEAGE BASIS FOR TRAVEL OF YOUR DEPENDENT (WIFE) FROM SPARTA, WISCONSIN, TO STEVENS POINT, WISCONSIN (92 MILES AT 6 CENTS PER MILE, $5.52), PLUS TRAILER ALLOWANCE FROM SPARTA, WISCONSIN, TO STEVENS POINT, WISCONSIN (92 MILES AT 11 CENTS PER MILE, $10.12), TOTALING $15.64. IT WAS ADMINISTRATIVELY REPORTED THAT YOUR TRAILER WAS TRANSPORTED BY PRIVATE VEHICLE TO STEVENS POINT.

THE PERTINENT STATUTE, 37 U.S.C. 409 PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, AND IN LIEU OF TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS OR PAYMENT OF A DISLOCATION ALLOWANCE, A MEMBER OF THE UNIFORMED SERVICES WHO WOULD OTHERWISE BE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD GOODS, MAY TRANSPORT A HOUSE TRAILER OR MOBILE DWELLING WITHIN THE CONTINENTAL UNITED STATES FOR USE AS A RESIDENCE. PARAGRAPH 10006, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE CONTROLLING STATUTE PROVIDES, GENERALLY, THAT A MEMBER WHO IS ENTITLED TO TRAILER ALLOWANCES UNDER THE CONDITIONS OF PARAGRAPH 10002 AND WHO WITHOUT FURTHER AUTHORIZATION TRANSPORTS HIS HOUSE TRAILER BY MEANS OTHER THAN THOSE REFERRED TO IN PARAGRAPHS 10004 (GOVERNMENT PROCURED TRANSPORTATION) AND 10005 (COMMERCIAL TRANSPORTATION OF HOUSE TRAILER) WILL BE REIMBURSED FOR SUCH TRANSPORTATION ON A MONETARY ALLOWANCE BASIS AT THE RATE OF 11 CENTS PER MILE FOR THE HIGHWAY DISTANCE, COMPUTED IN ACCORDANCE WITH PARAGRAPH 10007, BETWEEN THE POINTS AUTHORIZED IN CHAPTER 10 OF THE JOINT TRAVEL REGULATIONS. THEREFORE, ON THE BASIS OF THE ADMINISTRATIVE REPORT THAT YOUR TRAILER WAS MOVED BY PRIVATE VEHICLE, THE COMPUTATION OF YOUR TRAILER ALLOWANCE AT 11 CENTS A MILE WAS PROPER AND REQUIRED UNDER THE CONTROLLING REGULATIONS. NOTHING IN THE RECORD BEFORE US INDICATES THAT YOU HAD YOUR HOUSE TRAILER TRANSPORTED BY COMMERCIAL MEANS IN ACCORDANCE WITH PARAGRAPHS 10004 OR 10005 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDE FOR A MAXIMUM PAYMENT FOR TRANSPORTING A HOUSE TRAILER UNDER THE CIRCUMSTANCES STATED.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE COMPUTATION FOR TRAILER ALLOWANCE USED IN THE SETTLEMENT OF DECEMBER 18, 1962, WAS PROPER, AND SUCH SETTLEMENT IS SUSTAINED.