B-163406, JUN. 7, 1968

B-163406, JUN. 7, 1968

TO MR. NEAL W. KRANTZ:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 11, 1968, REQUESTING REVIEW OF THE SETTLEMENT OF DECEMBER 28, 1967, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING YOUR PERSONAL EFFECTS FROM LONG BEACH, CALIFORNIA, TO JESUP, GEORGIA, BY EXPRESS IN NOVEMBER 1965, INCIDENT TO YOUR SERVICE AS SERGEANT, U.S. MARINE CORPS.

BY GROUP TRAVEL ORDERS DATED MARCH 29, 1965, YOU WERE TRANSFERRED FROM MARINE CORPS AIR STATION, EL TORO, SANTA ANA, CALIFORNIA, TO 1ST MARINE AIRCRAFT WING FOR TEMPORARY ADDITIONAL DUTY FOR A PERIOD IN EXCESS OF 30 DAYS. IT APPEARS THAT THE LOCATION OF THE TEMPORARY DUTY STATION WAS ATSUGI, JAPAN. THE TEMPORARY STATION WAS MADE PERMANENT BY PARAGRAPH 1, WING SPECIAL ORDER NO. 106-65, DATED MAY 28, 1965. WHILE IT IS NOT CLEAR FROM THE ORDERS THAT ATSUGI, JAPAN, WAS A RESTRICTED STATION IT APPARENTLY WAS REGARDED AS SUCH FOR THE PURPOSE OF AUTHORIZING TRANSPORTATION OF YOUR DEPENDENTS AND HOUSEHOLD EFFECTS FROM YOUR PRIOR STATION IN CALIFORNIA TO A DESIGNATED PLACE IN THE UNITED STATES. THE DATE ON WHICH YOUR HOUSEHOLD GOODS WERE SHIPPED FROM CALIFORNIA TO GEORGIA IS NOT SHOWN. THE RECORD SHOWS, HOWEVER, THAT YOUR DEPENDENTS DID NOT DEPART CALIFORNIA FOR GEORGIA UNTIL SEPTEMBER 1965.

IN THE MEANTIME, ON OR ABOUT JUNE 15, 1965, YOUR UNIT WAS DEPLOYED FROM JAPAN TO VIETNAM UNDER VERBAL ORDERS. YOU SAY THAT AT THAT TIME PERSONNEL OF THE UNIT WERE NOTIFIED THAT ALL PERSONAL EFFECTS THAT WOULD NOT BE NEEDED IN VIETNAM SHOULD BE SENT HOME; THAT THIS WOULD BE DONE BY THE GOVERNMENT AND WOULD TAKE APPROXIMATELY ONE MONTH. ON THE BASIS OF THAT INFORMATION YOU REQUESTED SHIPMENT OF 175 POUNDS OF PERSONAL EFFECTS TO YOUR WIFE IN CALIFORNIA. IT APPEARS THAT THE GOVERNMENT DID NOT PROMPTLY SHIP THE PERSONAL EFFECTS OF PERSONNEL OF THE UNIT AND THAT THREE MONTHS LATER ALL SUCH EFFECTS WERE STILL IN JAPAN. DUE TO THIS DELAY BY THE GOVERNMENT YOUR EFFECTS DID NOT REACH CALIFORNIA UNTIL OCTOBER 1965, A MONTH AFTER YOUR WIFE'S DEPARTURE. WHEN YOUR WIFE LEARNED THAT THE SHIPMENT HAD REACHED LONG BEACH, CALIFORNIA, SHE ARRANGED FOR FURTHER SHIPMENT TO JESUP, GEORGIA, BY EXPRESS AT A PERSONAL EXPENSE OF $38.50.

YOUR CLAIM FOR REIMBURSEMENT WAS DENIED BY THE MARINE CORPS FOR THE REASON THAT THIS APPEARED TO BE A SECOND SHIPMENT OF THE SAME EFFECTS UNDER THE ORDERS OF MAY 28, 1965. IT WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT THE EFFECTS WHICH YOU HAD IN JAPAN WERE NOT CONSIDERED TO BE PART OF THE HOUSEHOLD EFFECTS WHICH WERE AT YOUR LAST PERMANENT STATION AND WHICH YOU WERE AUTHORIZED TO SHIP TO A DESIGNATED PLACE INCIDENT TO THE ORDERS ASSIGNING YOU TO A PERMANENT STATION IN JAPAN.

IN YOUR PRESENT LETTER YOU SAY THAT THE EFFECTS WERE BEING USED BY YOU WHILE STATIONED AT ATSUGI, JAPAN, ON TEMPORARY DUTY AND WERE IN YOUR POSSESSION WHEN ATSUGI BECAME YOUR PERMANENT STATION, AND EXPRESS THE BELIEF THAT YOUR CLAIM SHOULD BE BASED ON THE MOVEMENT OF YOUR UNIT FROM ATSUGI TO DANANG, VIETNAM. ALSO, YOU ASK THAT THE PAPERS OF YOUR CLAIM BE RETURNED TO YOU.

WHILE WE HAVE NO INFORMATION AS TO THE PROVISIONS OF THE ORDERS OF JUNE 15, 1965, WHICH DIRECTED THE MOVEMENT OF YOUR UNIT FROM ATSUGI, JAPAN, TO DANANG, VIETNAM, IT APPEARS THAT THE MOVEMENT WAS TO A RESTRICTED STATION TO WHICH YOU WERE NOT PERMITTED TO TAKE THE PERSONNAL EFFECTS INVOLVED. ON THAT BASIS, SHIPMENT OF YOUR PERSONAL EFFECTS FROM YOUR STATION IN JAPAN TO THE RESIDENCE OF YOUR FAMILY IN THE UNITED STATES AS YOU REQUESTED, WAS AUTHORIZED.

PARAGRAPH M8011 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE AUTHORITY FOR SHIPMENT OF HOUSEHOLD AND PERSONAL EFFECTS EXTENDS TO THE THROUGH SHIPMENT TO AUTHORIZED ULTIMATE DESTINATION AND THAT SHIPMENT MAY NOT BE MADE FOR THE CONVENIENCE OF THE MEMBER TO SOME OTHER PLACE FOR RESHIPMENT LATER TO ULTIMATE DESTINATION. IN THE PRESENT CASE, WHILE THE EFFECTS WERE SHIPPED TO THE PLACE YOU DESIGNATED IN CALIFORNIA, IT IS APPARENT THAT IT WAS YOUR INTENTION THAT SHIPMENT BE MADE TO THE PLACE WHERE YOUR DEPENDENTS RESIDED. THE FAILURE TO ARRIVE AT SUCH PLACE OF RESIDENCE RESULTED FROM FAILURE OF THE GOVERNMENT TO ACCOMPLISH THE SHIPMENT WITHIN A REASONABLE TIME.

PARAGRAPH M8010 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN HOUSEHOLD EFFECTS OR PERSONAL BAGGAGE HAVE BEEN IMPROPERLY SHIPPED THROUGH NO FAULT OF THE MEMBER THEY MAY BE FORWARDED AT GOVERNMENT EXPENSE TO PROPER DESTINATION. IN THE CIRCUMSTANCES THIS WILL BE REGARDED AS THE SITUATION HERE. PARAGRAPH M8005 OF THE SAME REGULATIONS, HOWEVER, AUTHORIZES SHIPMENT BY AN EXPEDITED MODE OF TRANSPORTATION ONLY WHEN SUCH MODE IS NECESSARY IN ORDER TO CARRY OUT ASSIGNED DUTIES OR TO PREVENT UNDUE HARDSHIP TO THE MEMBER AND/OR DEPENDENTS, AND TRANSPORTATION BY THE LOWEST OVER-ALL COST CANNOT PROVIDE THE REQUIRED SERVICE SATISFACTORILY.

SINCE THE RECORD SHOWS THAT YOU WERE NOT AT FAULT IN THE SHIPMENT TO AN IMPROPER LOCATION, YOU ARE ENTITLED TO REIMBURSEMENT FOR SHIPMENT FROM LONG BEACH, CALIFORNIA, TO JESUP, GEORGIA. HOWEVER, SINCE THE SHIPMENT CONSISTED OF PERSONAL EFFECTS WHICH WERE SURPLUS TO YOU AT YOUR OVERSEAS STATION AND NOT HOUSEHOLD EFFECTS NEEDED BY YOUR DEPENDENTS, THE RECORD DOES NOT ESTABLISH THAT SHIPMENT BY AN EXPEDITED MODE WAS NEEDED TO PREVENT A HARDSHIP TO YOU OR YOUR DEPENDENTS AND THAT SHIPMENT BY THE LOWEST OVER-ALL COST WOULD NOT HAVE PROVIDED THE REQUIRED SERVICE SATISFACTORILY. ACCORDINGLY, REIMBURSEMENT WILL BE LIMITED TO WHAT IT WOULD HAVE COST THE GOVERNMENT TO FORWARD THE EFFECTS BY ORDINARY FREIGHT.

A SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.

WITH RESPECT TO YOUR REQUEST THAT THE CLAIM PAPERS BE RETURNED TO YOU, YOU ARE ADVISED THAT EXCEPT FOR YOUR ORDERS WHICH ARE RETURNED HEREWITH, IT WILL BE NECESSARY TO RETAIN THE CLAIM DOCUMENTS HERE AS THEY CONSTITUTE A PART OF THE RECORD ON WHICH THE SETTLEMENT OF YOUR CLAIM WAS BASED. SEE 4 C.F.R. 81.1, 81.2.