B-173456, SEP 14, 1971

B-173456, SEP 14, 1971

MILITARY PERSONNEL - SHIPMENT OF HOUSEHOLD GOODS - "VALUATION CHARGES" DECISION SUSTAINING PRIOR SETTLEMENT BY CLAIMS DIVISION, WHICH DENIED A CLAIM BY MAJOR RAYMOND L. SIMONSEN FOR ADDITIONAL VALUATION CHARGES PAID IN CONNECTION WITH THE SHIPMENT OF HOUSEHOLD GOODS FROM HONOLULU, HAWAII, TO CAMERON STATION, VA., AND FROM CAMERON STATION TO ALBANY, GA. SECTION 406A OF TITLE 37, U.S. CODE, PROVIDES FOR REIMBURSEMENT FOR SUCH TRAVEL AND TRANSPORTATION EXPENSES AS ARE ALLOWED UNDER SECTIONS 404, 406 AND 409 OF TITLE 37, U.S.C. IN SITUATIONS WHERE THE ORIGINAL TRAVEL ORDERS ARE MODIFIED TO REFLECT A CHANGED DUTY STATION. SINCE PAYMENT OF VALUATION CHARGES BY THE GOVERNMENT IS NOT AUTHORIZED UNDER THE CITED SECTIONS, THERE IS NO BASIS FOR REIMBURSEMENT IN THIS CASE.

TO MAJOR RAYMOND L. SIMONSEN:

THIS REFERS TO YOUR REQUEST FOR RECONSIDERATION OF THE SETTLEMENT BY OUR CLAIMS DIVISION OF MAY 14, 1971, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL VALUATION CHARGES PAID IN CONNECTION WITH THE SHIPMENT OF YOUR HOUSEHOLD GOODS FROM HONOLULU, HAWAII, TO CAMERON STATION, VIRGINIA, AND FROM CAMERON STATION TO ALBANY, GEORGIA.

YOU SAY THAT YOU WERE ORDERED TO LEAVE YOUR STATION IN HAWAII AND REPORT FOR DUTY IN WASHINGTON, D.C. YOU ALSO STATE THAT THE SHIPMENT OF HOUSEHOLD GOODS WHICH WAS OF EXTRAORDINARY VALUE, WAS PICKED UP ON MAY 6, 1970, AND THAT IT WAS UNDERSTOOD THAT YOU WERE TO PAY THE CARRIER AN ADDITIONAL VALUATION CHARGE OF $31.08 AT DESTINATION, CAMERON STATION, VIRGINIA. MAY 12, 1970, THE GOODS WERE SHIPPED FROM HAWAII AND ARRIVED AT CAMERON STATION, VIRGINIA, ON JUNE 11, 1970.

IT APPEARS THAT WHILE ON HOME LEAVE AT PENDLETON, OREGON, YOUR ORDERS WERE MODIFIED DIRECTING YOU TO REPORT FOR DUTY AT ALBANY, GEORGIA. YOUR LETTER REQUESTING RECONSIDERATION OF OUR CLAIMS DIVISION SETTLEMENT, YOU STATE THAT YOU WERE TOLD, UPON RECEIPT OF THE MODIFYING ORDERS, TO PROCEED TO THE MARINE CORPS RECRUITER AT PENDLETON AND ARRANGE TO HAVE THE SHIPMENTS DIVERTED TO ALBANY. DUE TO THE UNAVAILABILITY OF THE MARINE CORPS RECRUITER, YOU SAY YOU REQUESTED THE NAVY RECRUITER IN PENDLETON TO ASSIST YOU AND THAT HE REFERRED YOU TO THE TRANSPORTATION OFFICE AT FORT LEWIS, WASHINGTON. THE PERSONNEL AT FORT LEWIS INFORMED YOU THAT THE PROPER CONTACT POINT WAS MOUNTAIN HOME AIR FORCE BASE, IDAHO.

YOU FURTHER STATE THAT ON ACKNOWLEDGING RECEIPT OF YOUR ORDERS RECEIVED IN PENDLETON, YOU REQUESTED ASSISTANCE IN DIVERTING THE SHIPMENT TO ALBANY. WHILE EN ROUTE TO ALBANY, YOU RELATE THAT YOU STOPPED AT MOUNTAIN HOME AIR BASE AND THERE YOU WERE PUT IN CONTACT WITH PERSONNEL AT CAMERON STATION AND INFORMED THEM OF THE SITUATION AND ASKED THEM TO DIVERT THE SHIPMENT TO ALBANY.

IT APPEARS THAT YOUR EFFORTS WERE TO NO AVAIL AND THE SHIPMENT WAS DELIVERED TO CAMERON STATION AND SUBSEQUENTLY HAD TO BE FORWARDED TO ALBANY, RESULTING IN AN ADDITIONAL EXCESS OF VALUATION CHARGE OF $11.10 OVER THE $31.08 YOU AGREED TO PAY. YOU CONTEND THAT YOU SHOULD NOT BE CHARGED FOR THE VALUATION CHARGE FROM HAWAII TO CAMERON STATION AND THEN TO ALBANY, BUT RATHER, SHOULD BE CHARGED ONLY FROM HAWAII TO ALBANY SINCE YOU TOOK THE NECESSARY ACTION TO HAVE THE GOODS DIVERTED.

SECTION 406 OF TITLE 37, U.S. CODE, PROVIDES FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS IN CONNECTION WITH A CHANGE OF STATION TO AND FROM SUCH LOCATION AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH M8007-2 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE GOVERNMENT'S MAXIMUM TRANSPORTATION OBLIGATION IS THE COST OF A THROUGH HOUSEHOLD GOODS MOVEMENT OF A MEMBER'S PRESCRIBED WEIGHT ALLOWANCE IN ONE LOT BETWEEN AUTHORIZED PLACES AT A VALUATION EQUIVALENT TO THE LOWEST APPLICABLE RATE ESTABLISHED IN THE CARRIER'S TARIFFS. THAT PARAGRAPH SPECIFICALLY LIMITS THE GOVERNMENT'S OBLIGATION TO THE COST OF SHIPMENT OF HOUSEHOLD GOODS AT THE CARRIER'S LOWEST APPLICABLE RATE AND PRECLUDES REIMBURSEMENT FOR EXCESS VALUATION CHARGES.

PARAGRAPH M8009-2 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT UPON THE MEMBER'S WRITTEN REQUEST AND AGREEMENT TO PAY ANY ADDITIONAL COST, THE MEMBER MAY DEVIATE FROM THE REGULATIONS BY HAVING SPECIAL SERVICES EMPLOYED SUCH AS ADDITIONAL VALUATION.

SECTION 406A OF TITLE 37, U.S. CODE, PROVIDES:

"UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES UNDER SECTION 404 OF THIS TITLE, AND TO TRANSPORTATION OF HIS DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS UNDER SECTIONS 406 AND 409 OF THIS TITLE, IF OTHERWISE QUALIFIED, FOR TRAVEL PERFORMED BEFORE THE EFFECTIVE DATE OF ORDERS THAT DIRECT HIM TO MAKE A CHANGE OF STATION AND THAT ARE LATER -

"(1) CANCELED, REVOKED, OR MODIFIED TO DIRECT HIM TO RETURN TO THE STATION FROM WHICH HE WAS BEING TRANSFERRED; OR

"(2) MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION."

THE PURPOSE OF SECTION 406A IS TO PROVIDE AN ALLOWANCE TO A MEMBER FOR EXPENSES AS PROVIDED IN SECTIONS 404, 406 AND 409 OF TITLE 37 OF THE U.S.C. FOR TRAVEL PERFORMED BY HIMSELF AND THE TRANSPORTATION OF HIS DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS WHEN IT IS SHOWN THAT SUCH EXPENSES WERE INCURRED PRIOR TO THE EFFECTIVE DATE OF THE ORDERS DIRECTING HIM TO MAKE A CHANGE OF STATION WHICH WERE LATER CANCELED OR REVOKED, DIRECTING HIM TO RETURN TO THE STATION FROM WHICH HE WAS TRANSFERRED; OR, THE ORDERS WERE MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION.

PARAGRAPH M8014 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 406A PROVIDES THAT SHIPMENT OF HOUSEHOLD GOODS MADE AFTER RECEIPT OF COMPETENT CHANGE-OF-STATION ORDERS WILL BE FORWARDED OR RETURNED TO PROPER DESTINATION AT GOVERNMENT EXPENSE IN CASE SUCH ORDERS ARE SUBSEQUENTLY AMENDED, CANCELED OR REVOKED.

THUS, A MEMBER'S ENTITLEMENT IS LIMITED TO THOSE TRAVEL AND TRANSPORTATION ALLOWANCES SPECIFIED IN SECTION 404, 406 AND 409 OF TITLE 37 U.S. CODE, AND THE IMPLEMENTING REGULATIONS.

WHILE YOU STATE THAT THE REASON YOUR GOODS WERE NOT DIVERTED FOR SHIPMENT DIRECTLY TO ALBANY, GEORGIA, WAS DUE TO ADMINISTRATIVE ERROR, YOU ARE ADVISED THAT ANY ERROR OR DELAY BY GOVERNMENT PERSONNEL WHICH RESULTED IN ADDITIONAL EXCESS VALUATION CHARGES BY REASON OF THE DELIVERY TO, AND RESHIPMENT FROM CAMERON STATION, DOES NOT, IN OUR OPINION, PROVIDE A LEGAL BASIS FOR REIMBURSEMENT OF SUCH EXCESS VALUATION CHARGES.

IT IS UNFORTUNATE THAT YOU WERE UNSUCCESSFUL IN YOUR ATTEMPTS TO HAVE THE SHIPMENT DIVERTED; HOWEVER, THERE IS NO AUTHORITY UNDER WHICH PAYMENT MAY BE MADE FOR SUCH ADDITIONAL VALUATION CHARGES. ACCORDINGLY, THE ACTION TAKEN BY OUR CLAIMS DIVISION DISALLOWING YOUR CLAIM, IS SUSTAINED.