B-176044, OCT 13, 1972

B-176044, OCT 13, 1972

MILITARY PERSONNEL - FORWARDING OF MISSING HOUSEHOLD GOODS - PROPER ADDRESS DECISION REGARDING THE CLAIM OF JOHN P. BURNS FOR ADDITIONAL REIMBURSEMENT FOR SHIPMENT OF HOUSEHOLD GOODS FROM PHILADELPHIA, PA., VIA NEW ORLEANS, LA., TO SAN CARLOS, CALIF. JOINT TRAVEL REGULATIONS, PARAGRAPH M8012, PROVIDES THAT WHEN HOUSEHOLD GOODS OR PERSONAL BAGGAGE OF A MEMBER HAVE BEEN IMPROPERLY SHIPPED OR OTHERWISE SEPARATED FROM THE MEMBER, THROUGH NO FAULT OF HIS OWN, THEY MAY BE FORWARDED TO THE PROPER DESTINATION AT GOVERNMENT EXPENSE UPON AUTHORIZATION OR APPROVAL OF THE SERVICE CONCERNED. ACCORDINGLY, SINCE THE GOODS WERE PROPERLY SENT TO THE ADDRESS LAST KNOWN TO THE TRANSPORTATION OFFICER, THE GOVERNMENT IS NOT RESPONSIBLE FOR ANY FURTHER SHIPMENT TO ANOTHER LOCATION. THEREFORE, CLAIMANT WAS PROPERLY REIMBURSED FOR SHIPMENT OF THE GOODS TO NEW ORLEANS AND THE COST OF SHIPMENT TO SAN CARLOS IS NOT REIMBURSABLE.

TO MR. JOHN P. BURNS:

REFERENCE IS MADE TO YOUR UNDATED LETTER, RECEIVED IN THIS OFFICE ON MAY 10, 1972, IN WHICH YOU IN EFFECT APPEAL THE SETTLEMENT OF YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT FOR SHIPMENT OF HOUSEHOLD GOODS FROM PHILADELPHIA, PENNSYLVANIA VIA NEW ORLEANS, LOUISIANA, TO SAN CARLOS, CALIFORNIA.

THE RECORD INDICATES THAT WHEN YOU WERE ORDERED TO VIETNAM IN 1965 YOU HAD YOUR PERSONAL PROPERTY PLACED IN STORAGE IN PHILADELPHIA, PENNSYLVANIA. UPON YOUR RETURN TO THE UNITED STATES IN 1966 YOU REQUESTED DELIVERY OF YOUR STORED PROPERTY TO YOUR NEW DUTY STATION. ALL YOUR STORED PROPERTY WAS THEREAFTER DELIVERED TO YOU EXCEPT FOR ONE BOX. 1967 YOU WERE SEPARATED FROM THE U.S. NAVY AND ACCEPTED A COMMISSION IN THE U.S. NAVAL RESERVE. AT THE TIME OF SEPARATION YOU DESIGNATED PHILADELPHIA AS THE LOCATION TO WHICH YOU ELECTED TO RECEIVE MILEAGE ALLOWANCE IN ACCORDANCE WITH JOINT TRAVEL REGULATIONS, PARAGRAPH M4157. YOU WERE THEN ENTITLED IN ACCORDANCE WITH PARAGRAPH M8259 OF THE REGULATIONS TO HAVE YOUR PROPERTY SHIPPED TO THE SAME LOCATION AND IT APPEARS THAT THIS WAS ACCOMPLISHED. HOWEVER, THE BOX THAT WAS MISSING ON YOUR RETURN FROM VIETNAM WAS NOT LOCATED AT THAT TIME.

IN 1970 WHILE YOU WERE IN NEW ORLEANS, LOUISIANA, THE MISSING BOX WAS FOUND AND YOU WERE NOTIFIED THAT IT WOULD BE SENT TO YOU. HOWEVER, WHEN THE BOX ARRIVED AT NEW ORLEANS YOU HAD ALREADY MOVED TO STANFORD, CALIFORNIA. ACCORDINGLY, THE BOX WAS THEN SHIPPED TO CALIFORNIA AND YOU PAID THE SHIPPING CHARGE OF $31.45.

SUBSEQUENTLY, YOU FILED A CLAIM WITH THE NAVY FOR THE $31.45 YOU HAD PAID. THE NAVY ALLOWED THE CLAIM ONLY FOR $9.03, THE COST OF SHIPPING THE BOX FROM PHILADELPHIA TO NEW ORLEANS. UPON CONSIDERATION OF YOUR CLAIM BY OUR CLAIMS DIVISION, A DETERMINATION WAS MADE THAT SINCE YOUR DESIGNATED PLACE OF SEPARATION FROM THE ARMED SERVICES WAS PHILADELPHIA AND THE BOX WAS IN PHILADELPHIA, THERE WAS NO AUTHORITY TO SHIP THE BOX TO ANY OTHER DESTINATION. YOU WERE SO ADVISED BY SETTLEMENT OF MARCH 2, 1972.

JOINT TRAVEL REGULATIONS, PARAGRAPH M8012, PROVIDES THAT WHEN HOUSEHOLD GOODS OR PERSONAL BAGGAGE OF A MEMBER HAVE BEEN IMPROPERLY SHIPPED OR OTHERWISE SEPARATED FROM THE MEMBER, THROUGH NO FAULT OF HIS OWN, THEY MAY BE FORWARDED TO THE PROPER DESTINATION AT GOVERNMENT EXPENSE UPON AUTHORIZATION OR APPROVAL OF THE SERVICE CONCERNED.

WE ARE OF THE OPINION THAT SINCE THE BOX IN QUESTION WAS LOST THROUGH NO FAULT OF YOURS AND IN ACCORDANCE WITH THE ABOVE CITED SECTION OF THE REGULATIONS, YOU WERE ENTITLED TO HAVE THE PROPERTY SHIPPED TO YOU TO YOUR THEN KNOWN ADDRESS AT GOVERNMENT EXPENSE.

AT THE TIME THE PROPERTY WAS FOUND YOU WERE IN NEW ORLEANS AND THE BOX WAS SHIPPED TO YOUR ADDRESS IN THAT CITY. YOU HAD THE DUTY TO ADVISE THE TRANSPORTATION OFFICER INVOLVED IN THE SHIPMENT OF YOUR PROPERTY OF YOUR CURRENT ADDRESS SO THAT THE GOODS COULD BE PROPERLY SENT TO YOU. WHEN YOU LEFT NEW ORLEANS YOU FAILED TO SO NOTIFY THE TRANSPORTATION OFFICER CONCERNED. SINCE THE GOODS WERE PROPERLY SENT TO THE ADDRESS LAST KNOWN TO THE TRANSPORTATION OFFICER, THE GOVERNMENT IS NOT RESPONSIBLE FOR ANY FURTHER SHIPMENT TO ANOTHER LOCATION.

THUS YOU WERE PROPERLY REIMBURSED FOR ONLY THE SHIPPING CHARGES FROM PHILADELPHIA TO NEW ORLEANS. THE ADDITIONAL CHARGES FOR THE SHIPMENT WERE INCURRED THROUGH YOUR FAILURE TO NOTIFY THE TRANSPORTATION OFFICER OF YOUR NEW ADDRESS AND ARE NOT FOR REIMBURSEMENT.

ACCORDINGLY YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT OF THE COST OF SHIPPING IS DENIED AND THE PRIOR PAYMENT TO YOU OF $9.03 WAS PROPER.