B-178265, MAY 3, 1974

B-178265, MAY 3, 1974

MEMBER WHO HAD HOUSE TRAILER MOVED FROM SAVANNAH, GEORGIA, TO SEATTLE, WASHINGTON, INCIDENT TO PCS TO VIETNAM UNDER ERRONEOUS UNDERSTANDING THAT HE WAS ENTITLED TO TRAILER ALLOWANCE THEREFOR AND WHO, INCIDENT TO LATER TRANSFER FROM VIETNAM TO FORT ORD, CALIFORNIA, HAD TRAILER TRANSPORTED AT GOVERNMENT EXPENSE FROM SEATTLE TO MARINA, CALIFORNIA, IS DENIED CLAIM FOR ADDITIONAL TRAILER ALLOWANCE BASED ON HYPOTHETICAL TRANSPORTATION OF TRAILER FROM SAVANNAH TO MARINA UNDER PAR. M10007-2, JTR.

TO CAPTAIN ADELBERT L. PLATZ:

IN DECISION B-178265, JULY 12, 1973, THIS OFFICE CONSIDERED THE CLAIM OF CAPTAIN ADELBERT L. PLATZ FOR REIMBURSEMENT OF EXPENSES FOR MOVEMENT OF HIS HOUSE TRAILER FROM SAVANNAH, GEORGIA, TO SEATTLE, WASHINGTON.

BY ORDERS DATED FEBRUARY 9, 1970, CAPTAIN PLATZ HAD BEEN ORDERED FROM HUNTER ARMY AIRFIELD, GEORGIA, ON PERMANENT CHANGE OF STATION TO USARV TRANSIENT DETACHMENT, APO SAN FRANCISCO 96384, WITH TEMPORARY DUTY EN ROUTE AT FORT EUSTIS, VIRGINIA. BASED UPON HIS CERTIFICATION THAT HIS HOUSE TRAILER WAS TO BE TRANSPORTED FOR USE BY HIM OR HIS DEPENDENTS AS A RESIDENCE, IT WAS MOVED AT GOVERNMENT EXPENSE FROM SAVANNAH, GEORGIA, TO SEATTLE, WASHINGTON, PRIOR TO HIS ASSIGNMENT TO FORT EUSTIS, AND IT REMAINED AT SEATTLE DURING THE PERIOD OF HIS ASSIGNMENT IN VIETNAM.

BECAUSE HE HAD NO DEPENDENTS AND WOULD NOT OCCUPY THE TRAILER AS A RESIDENCE DURING THE PERIOD OF HIS ASSIGNMENT IN VIETNAM, IT WAS DETERMINED THAT THE COST FOR TRANSPORTATION OF HIS TRAILER INCIDENT TO THAT ASSIGNMENT HAD BEEN IMPROPERLY BORNE BY THE GOVERNMENT UNDER PARAGRAPH M10008-2A OF THE JOINT TRAVEL REGULATIONS (JTR), VOLUME 1, AND PARAGRAPH 13-8 OF ARMY REGULATION (AR) 55-71.

CAPTAIN PLATZ NOW INDICATES THAT IN CONNECTION WITH HIS REASSIGNMENT FROM VIETNAM TO FORT ORD, CALIFORNIA, IN 1971, HIS HOUSE TRAILER WAS TRANSPORTED FROM SEATTLE, WASHINGTON, TO MARINA, CALIFORNIA, AT GOVERNMENT EXPENSE. HE INQUIRES WHETHER, IN VIEW OF THE CIRCUMSTANCES IN HIS CASE, HE MAY BE ALLOWED REIMBURSEMENT BASED UPON THE COST OF SHIPMENT FROM SAVANNAH, GEORGIA, WHERE HE WOULD HAVE LEFT THE TRAILER HAD HE BEEN AWARE THAT HE WAS NOT ENTITLED TO MOVE IT AT GOVERNMENT EXPENSE TO SEATTLE INCIDENT TO HIS ASSIGNMENT TO VIETNAM, TO MARINA INSTEAD OF TRAILER TRANSPORTATION AT GOVERNMENT EXPENSE FROM SEATTLE TO MARINA.

WITH REGARD TO ENTITLEMENT TO A TRAILER ALLOWANCE, PARAGRAPH M10009 OF THE JTR PROVIDES:

"M10009 RETURN FROM DUTY OUTSIDE THE UNITED STATES

"1. GENERAL. EXCEPT AS PROVIDED IN SUBPAR. 2, WHEN A MEMBER IS RETURNED TO THE UNITED STATES UNDER PERMANENT CHANGE-OF-STATION ORDERS, HE SHALL BE ENTITLED TO TRAILER ALLOWANCES WITHIN THE UNITED STATES, WITHIN ALASKA, OR BETWEEN THE UNITED STATES AND ALASKA, IN ACCORDANCE WITH PAR. M10007, PROVIDED:

"1. HE HAS NOT SHIPPED HOUSEHOLD GOODS WITHIN THE UNITED STATES, WITHIN ALASKA, OR BETWEEN THE UNITED STATES AND ALASKA AT GOVERNMENT EXPENSE; AND

"2. HE HAS NOT AND WILL NOT CLAIM A DISLOCATION ALLOWANCE IN CONNECTION WITH THE PERMANENT CHANGE OF STATION."

PARAGRAPH M10007 PROVIDES:

"2. BETWEEN DUTY STATIONS WITHIN THE UNITED STATES AND BETWEEN DUTY STATIONS WITHIN ALASKA. THE MAXIMUM AUTHORIZED DISTANCE FOR TRAILER ALLOWANCES WITHIN THE UNITED STATES AND WITHIN ALASKA WILL BE THE HIGHWAY DISTANCE BETWEEN THE POINTS THE MEMBER OTHERWISE WOULD BE ENTITLED TO MOVEMENT OF HOUSEHOLD GOODS AS PRESCRIBED IN CHAPTER 8 OR THE HIGHWAY DISTANCE BETWEEN THE POINTS THE HOUSE TRAILER IS ACTUALLY TRANSPORTED, WHICHEVER DISTANCE IS SHORTER. WHEN AN INDIRECT OR CIRCUITOUS ROUTE IS REQUIRED IN THE TRANSPORTATION OF A HOUSE TRAILER, THE AUTHORIZED DISTANCE WILL BE COMPUTED AS PROVIDED IN SUBPAR. 1."

UNDER THE ABOVE PROVISIONS, CAPTAIN PLATZ WAS ALLOWED A TRAILER ALLOWANCE BASED UPON THE ACTUAL POINTS BETWEEN WHICH THE TRAILER WAS TRANSPORTED INCIDENT TO HIS ASSIGNMENT TO FORT ORD. WE ARE AWARE OF NO BASIS UPON WHICH HE MAY BE ALLOWED THE HYPOTHETICAL COST OF TRANSPORTING HIS HOUSE TRAILER THE GREATER DISTANCE FROM SAVANNAH, GEORGIA, TO MARINA, CALIFORNIA.