B-174279, FEB 18, 1972

B-174279, FEB 18, 1972

MILITARY PERSONNEL - REIMBURSEMENT - SHIPPING RIGHTS UNDER PREVIOUS ORDERS DECISION DENYING CLAIM OF COL. WILLIAM M. HOME FOR REIMBURSEMENT OF SHIPPING COSTS INCIDENT TO A CHANGE OF STATION. THE GENERAL AUTHORIZATION FOR TRANSPORTATION IN CONNECTION WITH A CHANGE OF STATION IS PROVIDED BY 37 U.S.C. 406, AND DEPENDS ON THE ORDERS IN EFFECT AT THE TIME OF MOVEMENT. PURSUANT TO PARAGRAPH M8253 1, JTR, A MEMBER IS ENTITLED TO MAKE A LATER SHIPMENT OF HOUSEHOLD GOODS UNDER PREVIOUS ORDERS. HOWEVER, SHIPPING RIGHTS UNDER PREVIOUS ORDERS CEASE WHEN SUBSEQUENT PERMANENT CHANGE OF STATION ORDERS COME INTO EFFECT. IN THE INSTANT CASE, AT THE TIME OF MOVEMENT, CLAIMANT'S ENTITLEMENT UNDER THE JUNE, 1962 ORDERS WAS NO LONGER IN EFFECT. FURTHER, EVEN IF THE WEIGHT OF THE PROFESSIONAL EQUIPMENT CREDIT IS EXCLUDED, THE WEIGHT ALLOWANCE UNDER THE MARCH, 1967 ORDERS HAD ALREADY BEEN EXCEEDED. ACCORDINGLY, THE CLAIM MUST BE DENIED.

TO COLONEL WILLIAM M. HOME:

WE AGAIN REFER TO YOUR LETTER OF AUGUST 6, 1971, CONCERNING THE SETTLEMENT OF JUNE 25, 1971, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING AN ITEM OF YOUR HOUSEHOLD EFFECTS FROM NON- TEMPORARY STORAGE IN PLAINFIELD, NEW JERSEY, TO BALTIMORE, MARYLAND, ON MAY 27, 1970, INCIDENT TO LETTER ORDER 6-79, DATED JUNE 29, 1962.

THE ORDERS OF JUNE 29, 1962, DIRECTED A PERMANENT CHANGE OF STATION FROM STUTTGART, GERMANY, TO DUGWAY PROVING GROUNDS, UTAH. THOSE ORDERS WERE FOLLOWED BY ORDERS DATED APRIL 16, 1965, WHICH TRANSFERRED YOU FROM DUGWAY PROVING GROUNDS TO WASHINGTON, D.C., FOR DUTY AND BY ORDERS DATED MARCH 23, 1967, WHICH TRANSFERRED YOU FROM THE LATTER CITY TO EDGEWOOD ARSENAL, MARYLAND, FOR DUTY. INCIDENT TO THE LATTER ORDERS HOUSEHOLD GOODS IN EXCESS OF YOUR AUTHORIZED WEIGHT ALLOWANCE WERE SHIPPED ON GOVERNMENT BILL OF LADING FROM ALEXANDRIA, VIRGINIA, TO EDGEWOOD ARSENAL. ALSO, HOUSEHOLD GOODS WEIGHING 500 POUNDS WERE SHIPPED AT YOUR PERSONAL EXPENSE FROM PLAINFIELD, NEW JERSEY, TO BALTIMORE, MARYLAND. THE WEIGHT OF THIS SHIPMENT WAS NOT INCLUDED IN THE EXCESS WEIGHT CHARGED TO YOU.

THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY REGULATIONS PROMULGATED BY THE SECRETARIES PURSUANT TO 37 U.S.C. 406, WHICH AUTHORIZES SUCH TRANSPORTATION IN CONNECTION WITH A CHANGE OF STATION. THE AUTHORITY FOR SUCH MOVEMENTS DEPENDS UPON THE ORDERS IN EFFECT AT THE TIME OF MOVEMENT. IN LINE WITH THIS LEGAL ENTITLEMENT, PARAGRAPH M8253-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT IF A MEMBER DOES NOT DESIRE TO SHIP HIS AUTHORIZED WEIGHT ALLOWANCE, OR ANY PORTION THEREOF, TO HIS NEW DUTY STATION, HE IS NOT THEREBY PRECLUDED FROM MAKING LATER SHIPMENT THEREOF FROM THAT FORMER PERMANENT STATION WITHIN AUTHORIZED WEIGHT ALLOWANCE UNDER TRAVEL ORDERS TO THE LATTER STATION.

IN THE SETTLEMENT OF JUNE 25, 1971, YOU WERE ADVISED IN EFFECT THAT SHIPPING RIGHTS UNDER PREVIOUS ORDERS CEASE UPON ISSUANCE OF SUBSEQUENT PERMANENT CHANGE OF STATION ORDERS AND THAT HOUSEHOLD GOODS LEFT EITHER IN STORAGE OR AT A PRIOR STATION MAY BE MOVED TO THE NEW DUTY STATION AT GOVERNMENT EXPENSE PROVIDED THAT SUCH SHIPMENTS IN THE AGGREGATE DO NOT EXCEED THE MEMBER'S WEIGHT ALLOWANCE ENTITLEMENT UNDER THE ORDERS TO THE LATEST DUTY STATION. SINCE YOU NO LONGER HAD ENTITLEMENT UNDER THE ORDERS OF JUNE 29, 1962, AND SINCE THE RECORD INDICATED THAT YOU EXCEEDED YOUR WEIGHT ALLOWANCE UNDER THE ORDERS OF MARCH 23, 1967, ON THE SHIPMENT FROM ALEXANDRIA TO EDGEWOOD ARSENAL YOU WERE ADVISED THAT YOUR CLAIM WAS DISALLOWED.

IN YOUR LETTER OF AUGUST 6, 1971, YOU SAY THE CLAIM AGAINST YOU FOR SHIPPING EXCESS WEIGHT INCIDENT TO THE ORDERS OF MARCH 23, 1967, WAS RESOLVED BY GIVING YOU CREDIT FOR PROFESSIONAL ARTICLES IN THE SHIPMENT. YOU SUGGEST THAT THIS ACTION MAY AFFORD A BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

THE RECORD SHOWS THAT THE WEIGHT OF THE SHIPMENT FROM ALEXANDRIA TO EDGEWOOD ARSENAL EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE BY 1,269 POUNDS AND THAT YOU WERE CHARGED WITH EXCESS COST OF $86.83. WE HAVE BEEN ADVISED BY THE ARMY FINANCE CENTER THAT, AS YOU SAY, THAT SHIPMENT INCLUDED 1,200 POUNDS OF PROFESSIONAL BOOKS AND EQUIPMENT AND, THEREFORE, THE CHARGE OF INDEBTEDNESS IN THE AMOUNT OF $86.83 WAS CANCELLED. SINCE, HOWEVER, THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM ALEXANDRIA TO EDGEWOOD ARSENAL EXCEEDED YOUR WEIGHT ALLOWANCE BY 1,269 POUNDS AND SINCE YOU WERE ALLOWED CREDIT FOR THE INCLUSION OF 1,200 POUNDS OF PROFESSIONAL BOOKS AND EQUIPMENT, IT IS APPARENT THAT EVEN WITH THAT CREDIT, YOU HAD EXHAUSTED YOUR WEIGHT ALLOWANCE ENTITLEMENT UNDER THE 1967 ORDERS.

SINCE ENTITLEMENT TO SHIPMENT OF HOUSEHOLD EFFECTS UNDER THE 1962 ORDERS NO LONGER EXISTED WHEN YOU SHIPPED AN ITEM FROM PLAINFIELD TO BALTIMORE IN 1970, AND SINCE YOU EXHAUSTED YOUR WEIGHT ALLOWANCE UNDER THE 1967 ORDERS, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM. THEREFORE, THE SETTLEMENT OF JUNE 25, 1971, IS SUSTAINED.