B-173462, OCT 12, 1971

B-173462, OCT 12, 1971

MILITARY PERSONNEL - TRAVEL TO HOME OF RECORD - DEBT OWED THE U.S. DECISION CONCERNING CLAIM FOR REIMBURSEMENT OF EXPENSES FOR SHIPMENT OF HOUSEHOLD GOODS, DEPENDENT TRAVEL AND DISLOCATION ALLOWANCE INCIDENT TO A RELEASE FROM ACTIVE DUTY WITH THE ARMY AND A DEBT TOTALING $110.47 RESULTING FROM OVERPAYMENTS OF PAY. WHERE CLAIMANT MOVED HIS OWN HOUSEHOLD GOODS IN HIS OWN TRAILER, PARAGRAPH M8500, JTR, REIMBURSEMENT IS ALLOWED ONLY FOR THE COST OF GASOLINE AND OIL REQUIRED IN TRANSPORTING THE GOODS AND CLAIMANT'S STATEMENT THAT HE EXPENDED $50 FOR SUCH PURPOSE WILL BE ACCEPTED. HOWEVER, THE RECORD INDICATES THAT CLAIMANT RECEIVED $58.50 FOR HIS WIFE'S TRANSPORTATION, AND THEREFORE NO ADDITIONAL AMOUNT IS DUE IN THIS REGARD. ALSO, M9004-1(2) PROVIDES THAT A DISLOCATION ALLOWANCE IS NOT AVAILABLE WHEN THE PERMANENT CHANGE-OF-STATION IS FROM THE LAST DUTY STATION TO THE HOME OF RECORD UPON RELEASE FROM ACTIVE DUTY. FINALLY, THE PRESENT RECORD INDICATES AN INDEBTEDNESS TO THE GOVERNMENT FOR $110.47 INCIDENT TO THE OVERPAYMENT OF PAY. THEREFORE, THE $50 HEREINABOVE DETERMINED DUE WILL BE WITHHELD IN PARTIAL LIQUIDATION OF CLAIMANT'S DEBT.

TO MR. GARY MACK HURST:

WE REFER FURTHER TO YOUR LETTER DATED JUNE 6, 1971, REGARDING YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES FOR SHIPMENT OF HOUSEHOLD GOODS AND DEPENDENT TRAVEL, AND FOR A DISLOCATION ALLOWANCE INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY IN THE UNITED STATES ARMY, AND CONCERNING A DEBT TOTALING $110.47 RESULTING FROM OVERPAYMENTS OF PAY INCIDENT TO YOUR SERVICE IN THE ARMY.

BY SPECIAL ORDERS NUMBER 107, MAY 12, 1970, HEADQUARTERS, UNITED STATES ARMY PERSONNEL CENTER, FORT JACKSON, SOUTH CAROLINA 29207, YOU WERE RELIEVED FROM ACTIVE DUTY EFFECTIVE MAY 18, 1970. YOUR LAST PERMANENT DUTY STATION WAS FORT JACKSON, AND MERIT, TEXAS, WAS SHOWN TO BE YOUR HOME OF RECORD.

IT APPEARS THAT YOU AND YOUR WIFE OCCUPIED AN APARTMENT IN COLUMBIA, SOUTH CAROLINA, AND THAT UPON RELIEF FROM ACTIVE DUTY YOU LOADED YOUR HOUSEHOLD GOODS IN YOUR OWN TRAILER AND ON MAY 18, 1970, YOU BOTH LEFT THERE IN YOUR PERSONALLY OWNED VEHICLE WHICH TOWED THE LOADED TRAILER TO MERIT, TEXAS, WHERE YOU ARRIVED ON MAY 23, 1970.

SUBSEQUENTLY, YOU SUBMITTED A TRAVEL VOUCHER FOR $300 FOR YOUR WIFE'S TRANSPORTATION AND FOR PULLING YOUR TRAILER WITH YOUR HOUSEHOLD GOODS FROM COLUMBIA TO MERIT. YOU HAVE INDICATED THAT THE COST OF EXTRA GASOLINE FOR PULLING THE TRAILER WAS APPROXIMATELY $50. YOU ALSO SUBMITTED AN INVENTORY OF YOUR HOUSEHOLD EFFECTS TOGETHER WITH TRAILER RENTAL ESTIMATES OF $59 AND $52.32 FOR USE BETWEEN COLUMBIA, SOUTH CAROLINA, AND GREENVILLE, TEXAS, AND FROM COLUMBIA TO FARMERSVILLE, TEXAS.

YOU SAY THAT YOU WERE GIVEN ONLY $61 FOR TRAVEL EXPENSES WHEN YOU LEFT FORT JACKSON AND YOU HAVE EXPRESSED THE OPINION THAT YOU SHOULD BE PAID AN ADDITIONAL $300 FOR YOUR EXPENSES INCLUDING THE HAULING OF YOUR HOUSEHOLD GOODS, YOUR WIFE'S TRANSPORTATION, AND A DISLOCATION ALLOWANCE. ADDITIONALLY, YOU SAY THAT YOU WERE TOLD AT THE FINANCE OFFICE AT FORT JACKSON THAT YOU WOULD BE REIMBURSED FOR YOUR TRANSPORTATION EXPENSES, AND SINCE YOU HAVE COMPLETED AND RETURNED ALL FORMS SUPPLIED TO YOU, YOU SHOULD GET YOUR MONEY BACK.

REGARDING A CLAIM FOR $110.47 MADE AGAINST YOU BY THE FINANCE CENTER, UNITED STATES ARMY, YOU INDICATE THAT UPON RELEASE FROM ACTIVE DUTY YOUR FINANCE RECORDS WERE AUDITED AND FOUND CORRECT. HOWEVER, YOU SAY THAT UPON PAYMENT OF YOUR CLAIM FOR $300, THE DEBT MAY BE DEDUCTED FROM THE AMOUNT YOU ARE TO RECEIVE.

THE REGULATIONS WHICH GOVERN REIMBURSEMENT TO A MEMBER WHO PERSONALLY ARRANGES FOR THE SHIPMENT OF HIS HOUSEHOLD GOODS ARE CONTAINED IN PARAGRAPH M8500 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED UNDER THE AUTHORITY OF 37 U.S.C. 406. THOSE REGULATIONS PROVIDE THAT WHEN SUCH ARRANGEMENT IS MADE BECAUSE A SHIPPING OR A TRANSPORTATION OFFICER IS NOT AVAILABLE OR BECAUSE THE MEMBER IS INSTRUCTED BY SUCH OFFICER TO MAKE SHIPMENT AT PERSONAL EXPENSE, HE IS ENTITLED TO REIMBURSEMENT OF THE ACTUAL COST OF SUCH SHIPMENT. THEY FURTHER PROVIDE THAT IN ALL OTHER CASES THE MEMBER IS ENTITLED TO REIMBURSEMENT OF SUCH COSTS NOT TO EXCEED THE COST WHICH WOULD HAVE BEEN INCURRED BY THE GOVERNMENT HAD THE SHIPMENT BEEN MADE BY A SHIPPING OR TRANSPORTATION OFFICER AND FURTHER THAT CLAIMS FOR REIMBURSEMENT SHALL BE PREPARED AND SUBMITTED IN ACCORDANCE WITH REGULATIONS OF THE SERVICE CONCERNED.

IN ACCORDANCE WITH PARAGRAPH M8500, SUPRA, CHAPTER 11, ARMY REGULATION NO. 55-71 PROVIDES PROCEDURES FOR PRESENTING CLAIMS FOR REIMBURSEMENT OF PERSONAL FUNDS EXPENDED BY ARMY PERSONNEL INCIDENT TO SHIPMENT OF HOUSEHOLD GOODS. PARAGRAPH 11-2B OF THE REGULATIONS STATES THAT DOCUMENTS AND PAPERS NORMALLY REQUIRED TO SUPPORT CLAIMS FOR REIMBURSEMENT WILL INCLUDE THE ORIGINAL OF ALL BILLS FOR TRANSPORTATION FOR WHICH REIMBURSEMENT IS CLAIMED. THESE BILLS MUST BE MARKED "PAID" AND RECEIPTED. WHEN A SPECIAL CONVEYANCE IS RENTED TO MOVE THE PROPERTY, THE CLAIMANT WILL FURNISH A COPY OF THE RENTAL AGREEMENT, A DESCRIPTIVE LIST OF ALL ARTICLES SHIPPED, AND THE ACTUAL WEIGHT OR WEIGHT ESTIMATED AT 7 POUNDS PER CUBIC FOOT.

CLEARLY, THE CITED REGULATIONS MAKE NO PROVISION FOR PAYMENT TO A MEMBER FOR HIS OWN SERVICES OR PAYMENT FOR THE USE OF HIS OWN TRAILER OR OTHER EQUIPMENT, REGARDLESS OF WHAT IT MIGHT HAVE COST TO COMMERCIALLY PROCURE SUCH SERVICES OR EQUIPMENT. PROVISION IS MADE ONLY FOR REIMBURSEMENT FOR ACTUAL EXPENSES INCURRED BY A MEMBER IN THE SHIPMENT OF HIS HOUSEHOLD GOODS. IN CIRCUMSTANCES WHERE A MEMBER UTILIZES HIS OWN VEHICLE FOR THIS PURPOSE, REIMBURSEMENT MAY BE ALLOWED FOR THE COST OF GASOLINE AND OIL REQUIRED IN TRANSPORTING HIS GOODS, WHERE RECEIPTS FOR SUCH COSTS ARE FURNISHED TOGETHER WITH EVIDENCE OF THE WEIGHT OF THE SHIPMENT. RECEIPTS ARE UNAVAILABLE, A STATEMENT AS TO THE VEHICLE USED, THE MILEAGE INVOLVED, THE APPROXIMATE AMOUNT OF GASOLINE AND OIL REQUIRED FOR THE MOVE AND THEIR COST MAY BE SUBMITTED FOR CONSIDERATION. SEE DECISION B-155932, MAY 11, 1965, COPY ENCLOSED.

IN VIEW OF THE ABOVE, REIMBURSEMENT FOR THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS IS LIMITED TO THE ACTUAL EXPENSES YOU INCURRED IN MOVING THEM FROM COLUMBIA, SOUTH CAROLINA, TO MERIT, TEXAS. YOU HAVE SUBMITTED AN INVENTORY SHOWING THE CUBIC MEASUREMENT OF YOUR GOODS AND YOU HAVE STATED THAT THE ADDITIONAL GASOLINE REQUIRED BECAUSE YOU TOWED YOUR TRAILER LOADED WITH YOUR HOUSEHOLD POSSESSIONS COST APPROXIMATELY $50. THE CIRCUMSTANCES OF THIS CASE, YOUR STATEMENT WILL BE ACCEPTED AS ESTABLISHING THE EXPENDITURE OF $50 FOR THE MOVEMENT OF YOUR GOODS.

THE RECORD BEFORE US SHOWS THAT UPON YOUR DEPARTURE FROM FORT JACKSON YOU RECEIVED A PAYMENT OF $171 WHICH INCLUDED $61.32 FOR YOUR PERSONAL TRAVEL FROM THERE TO YOUR HOME OF RECORD, MERIT, TEXAS. VOUCHER DATED SEPTEMBER 10, 1970, FINANCE CENTER, UNITED STATES ARMY, SHOWS THAT YOU WERE PAID AN ADDITIONAL $58.50 FOR YOUR WIFE'S TRANSPORTATION FROM COLUMBIA TO FARMERSVILLE, TEXAS. CONSEQUENTLY, YOU ARE NOT ENTITLED TO ADDITIONAL PAYMENT FOR SUCH TRAVEL.

IN REGARD TO ENTITLEMENT TO A DISLOCATION ALLOWANCE, THE PERTINENT STATUTE, 37 U.S.C. 407(C), AND PARAGRAPH M9004-1(2) (FORMERLY M9003-4) OF THE JOINT TRAVEL REGULATIONS PROVIDE THAT THE ALLOWANCE WILL NOT BE PAYABLE IN CONNECTION WITH PERMANENT CHANGE-OF-STATION TRAVEL PERFORMED FROM THE LAST DUTY STATION TO HOME UPON RELEASE FROM ACTIVE DUTY. SEE DECISION B-160450, JANUARY 4, 1967, COPY ENCLOSED. IT FOLLOWS THAT NO DISLOCATION ALLOWANCE MAY BE PAID TO YOU BECAUSE OF TRAVEL FROM YOUR LAST DUTY STATION, FORT JACKSON, TO YOUR HOME, UPON RELEASE FROM ACTIVE DUTY.

REGARDING YOUR INDEBTEDNESS OF $110.47 AS SET FORTH IN LETTERS TO YOU FROM THE FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS, INDIANA, YOU ARE ADVISED THAT SUCH OFFICE IS SEPARATE FROM THE CLAIMS DIVISION OF THE GENERAL ACCOUNTING OFFICE AND YOUR INDEBTEDNESS HAS NOT BEEN REFERRED TO OUR CLAIMS DIVISION FOR APPROPRIATE COLLECTION ACTION. IT APPEARS, HOWEVER, FROM COPIES OF LETTERS AND OTHER PAPERS WE HAVE RECEIVED CONCERNING THE MATTER THAT YOU RECEIVED A CASUAL PAYMENT OF $102 ON JANUARY 2, 1969. YOU HAVE INDICATED THAT WHILE ON LEAVE PRIOR TO DUTY IN VIETNAM YOU RECEIVED PAYMENT AT PERIN AIR FORCE BASE, TEXAS, AND THAT YOU BELIEVE THAT IT WAS YOUR PAY FOR JANUARY 1969. BECAUSE YOU WERE PAID BY ANOTHER SERVICE THERE WAS A DELAY IN REPORTING THE PAYMENT TO THE FINANCE CENTER, SO THAT YOU RECEIVED YOUR PAY FROM THE ARMY WITHOUT DEDUCTION FOR THE $102 ALREADY PAID TO YOU. AS NOTIFICATION OF THE PAYMENT BY THE AIR FORCE APPARENTLY WAS NOT RECEIVED UNTIL AFTER YOUR DEPARTURE FROM FORT JACKSON, THE FINANCE OFFICE THERE WAS NOT AWARE OF IT AT THE TIME YOUR RECORDS WERE REVIEWED.

IN ADDITION, AUDIT OF YOUR FINANCE RECORDS AFTER YOUR RELIEF FROM ACTIVE DUTY SHOWED THAT ONLY $94.76 WAS COLLECTED FROM YOUR PAY VOUCHERS FOR APRIL AND MAY 1970, FOR EXCESS LEAVE AND PAY WHICH TOTALED $103.23, LEAVING A BALANCE OF $8.47 DUE TO THE UNITED STATES IN THAT CONNECTION AS WELL AS THE OVERPAYMENT OF $102, RESULTING IN YOUR INDEBTEDNESS IN THE AMOUNT OF $110.47.

AS YOU ARE INDEBTED TO THE GOVERNMENT FOR A TOTAL OF $110.47, WE ARE ADVISING THE ARMY FINANCE CENTER BY LETTER OF TODAY, COPY ENCLOSED, THAT THE AMOUNT OTHERWISE DUE TO YOU AS REIMBURSEMENT FOR TRANSPORTING YOUR HOUSEHOLD GOODS, $50, WILL BE WITHHELD TO EFFECT PARTIAL LIQUIDATION OF YOUR INDEBTEDNESS. REPAYMENT OF THE BALANCE SHOULD BE MADE IN ACCORD WITH INSTRUCTIONS RECEIVED FROM THE COLLECTIONS BRANCH, FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS, INDIANA 46249.