B-156902, JUN. 24, 1965, 44 COMP. GEN. 826

B-156902, JUN. 24, 1965, 44 COMP. GEN. 826

MILITARY PERSONNEL - HOUSEHOLD EFFECTS - USE AT SEPARATION PROCESSING STATION MEMBERS OF THE UNIFORMED SERVICES TRANSFERRED FROM A PERMANENT DUTY STATION OVERSEAS TO A PROCESSING STATION IN THE UNITED STATES FOR SEPARATION AND SELECTION OF A HOME WITHIN 1 YEAR FROM TERMINATION OF ACTIVE DUTY UNDER PARAGRAPH 8260-1 OF THE JOINT TRAVEL REGULATIONS MAY BE PERMITTED TO TAKE PHYSICAL POSSESSION OF HOUSEHOLD GOODS AT THE PROCESSING STATION WITHOUT FORFEITING THE RIGHT TO RESHIPMENT TO HOME OF SELECTION AT GOVERNMENT EXPENSE OF THE GOODS WITHIN THE PERMANENT CHANGE-OF-STATION WEIGHT ALLOWANCE, AND THE PROHIBITION IN PARAGRAPH 8258 PRECLUDING RESHIPMENT MAY BE AMENDED TO AUTHORIZE USE OF HOUSEHOLD GOODS AT A PROCESSING STATION THEREBY ACCORDING MEMBERS THE SAME BENEFITS AS ACCRUE TO A MEMBER DETACHED FROM DUTY FOR SEPARATION IN THE UNITED STATES WHO HAS THE USE OF HIS HOUSEHOLD EFFECTS FROM THE DATE OF DETACHMENT UNTIL HE PROCEEDS TO HIS HOME FOR SEPARATION, THE MEMBERS TO BEAR THE COST IN EXCESS OF A ONE LOT SHIPMENT FROM OVERSEAS TO HOME OF SELECTION VIA THE PROCESSING POINT, THE COST TO INCLUDE AUTHORIZED TEMPORARY STORAGE IN TRANSIT.

TO THE SECRETARY OF THE AIR FORCE, JUNE 24, 1965:

REFERENCE IS MADE TO LETTER DATED MAY 24, 1965, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE, REQUESTING A DECISION AS TO WHETHER THIS OFFICE WOULD BE REQUIRED TO OBJECT TO A PROPOSED AMENDMENT TO THE JOINT TRAVEL REGULATIONS PROVIDING AUTHORITY TO MEMBERS TRANSFERRED FROM A PERMANENT DUTY STATION OVERSEAS TO A PROCESSING STATION IN THE UNITED STATES FOR SEPARATION UNDER THE PROVISIONS OF PARAGRAPH 8260-1 OF THE REGULATIONS TO TAKE PHYSICAL POSSESSION OF HOUSEHOLD GOODS SHIPPED TO THE PROCESSING STATION AND LATER HAVE THESE EFFECTS SHIPPED AT GOVERNMENT EXPENSE TO THE HOME OF SELECTION, UNDER THE CONDITIONS AND LIMITATIONS THEREIN SPECIFIED. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 65- 19 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

AS SET FORTH IN THE ASSISTANT SECRETARY'S LETTER, PARAGRAPH 8258 OF THE JOINT TRAVEL REGULATIONS CURRENTLY PROVIDES THAT WHEN A MEMBER IS ORDERED FROM AN OVERSEAS PERMANENT DUTY STATION AND DIRECTED TO PROCEED TO THE UNITED STATES, HOUSEHOLD GOODS WITHIN THE PRESCRIBED PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE MAY BE SHIPPED AT GOVERNMENT EXPENSE FROM THE PERMANENT DUTY STATION TO THE POINT IN THE UNITED STATES TO WHICH ORDERED TO REPORT. IF ORDERS TO NEW PERMANENT DUTY STATION ARE NOT AVAILABLE UPON ARRIVAL OF THE HOUSEHOLD GOODS AT THE POINT TO WHICH SHIPPED, SUCH GOODS MAY BE PLACED IN STORAGE AND, UPON RECEIPT OF FURTHER ORDERS FIXING THE NEW PERMANENT DUTY STATION, THE GOODS MAY BE RESHIPPED TO THAT STATION. HOWEVER, THAT PARAGRAPH PROVIDES THAT IF THE MEMBER TAKES POSSESSION OF THE HOUSEHOLD GOODS AT THE INTERMEDIATE STATION, RESHIPMENT OF THESE EFFECTS AT GOVERNMENT EXPENSE TO THE NEW DUTY STATION IS PRECLUDED, THE REASON BEING THAT UNDER THE PROVISIONS OF PARAGRAPH 8011 OF THE JOINT TRAVEL REGULATIONS RESHIPMENT OF THE SAME EFFECTS UNDER IDENTICAL ORDERS FOR THE CONVENIENCE OF THE MEMBER IS NOT AUTHORIZED. THE MEMBER DETACHED FROM AN OVERSEAS STATION TO PROCEED TO THE UNITED STATES FOR PROCESSING FOR RELIEF FROM ACTIVE DUTY UNDER THE PROVISIONS OF PARAGRAPH 8260-1 OF THE JOINT TRAVEL REGULATIONS HAS ONE YEAR FROM TERMINATION OF ACTIVE DUTY TO SELECT HIS HOME AND SHIP HIS HOUSEHOLD GOODS THERETO. IF HE TAKES PHYSICAL POSSESSION OF HIS GOODS AT THE PROCESSING POINT, THE PROVISIONS OF PARAGRAPH 8258 ACT TO PRECLUDE RESHIPMENT OF HIS EFFECTS AT GOVERNMENT EXPENSE AT THE TIME HE SELECTS HIS HOME WITHIN THE ONE YEAR PERIOD. THEREFORE, IN ORDER TO PRESERVE A MEMBER'S RIGHT TO SHIP HIS HOUSEHOLD GOODS TO HIS HOME OF SELECTION WITHIN THE LIMITATION HE MUST DO WITHOUT THE USE OF HIS GOODS FROM THE TIME OF ARRIVAL IN THE UNITED STATES TO THE TIME OF SELECTION OF A HOME. TO REMEDY THIS SITUATION, THE ASSISTANT SECRETARY PRESENTS A DRAFT OF THE PROPOSED AMENDMENT TO THE JOINT TRAVEL REGULATIONS AS FOLLOWS:

"PAR. 8258 REVISED, NEW SUBPAR. 3 ADDED

3. DETACHED FROM PERMANENT DUTY STATION OVERSEAS TO UNITED STATES FOR PROCESSING AND SEPARATION UNDER THE PROVISIONS OF PAR. 8260-1. WHEN A MEMBER IS ORDERED FROM AN OVERSEAS PERMANENT DUTY STATION AND DIRECTED TO PROCEED TO A STATION IN THE UNITED STATES FOR PROCESSING IN CONNECTION WITH SEPARATION UNDER PAR. 8260-1, HOUSEHOLD GOODS WITHIN THE PERMANENT CHANGE-OF-STATION WEIGHT ALLOWANCE MAY BE SHIPPED AT GOVERNMENT EXPENSE FROM THE PERMANENT DUTY STATION TO THE POINT IN THE UNITED STATES TO WHICH ORDERED TO REPORT, OR PLACED IN STORAGE UNDER THE PROVISIONS OF PAR. 8101, OR A PART OF THE HOUSEHOLD GOODS MAY BE SHIPPED TO SUCH POINT AND A PART PLACED IN STORAGE. SUCH HOUSEHOLD GOODS MAY BE SUBSEQUENTLY SHIPPED IN CONNECTION WITH SELECTION OF HOME IN ACCORDANCE WITH PAR. 8260. IF THE MEMBER DESIRES TO TAKE PHYSICAL POSSESSION OF HOUSEHOLD GOODS SHIPPED TO A PROCESSING STATION, AND LATER HAVE HOUSEHOLD GOODS SHIPPED TO HOME OF SELECTION, RESHIPMENT OF HOUSEHOLD GOODS TO HOME OF SELECTION IS AUTHORIZED PROVIDED THE MEMBER AGREES TO BEAR ALL COSTS IN EXCESS OF COSTS OF SHIPMENT IN ONE LOT FROM THE OVERSEAS STATION TO THE HOME OF SELECTION VIA THE PROCESSING POINT. IN DETERMINING SUCH EXPENSE COSTS, THE COST OF AUTHORIZED TEMPORARY STORAGE IN TRANSIT WILL BE CONSIDERED A PART OF THE COST OF ONE SHIPMENT FROM OVERSEAS TO FINAL DESTINATION.'

THE PERTINENT STATUTE, 37 U.S.C. 404 (A) PROVIDES THAT, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER IS ENTITLED UPON SEPARATION FROM THE SERVICE, PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST, RELEASE FROM ACTIVE DUTY, OR RETIREMENT, UNDER THE CIRCUMSTANCES SET OUT IN SUBPARAGRAPH (C), TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL UNDER ORDERS TO HIS SELECTED HOME. SECTION 406 (G) OF THE STATUTE AUTHORIZES THE PROMULGATION BY THE SECRETARIES OF UNIFORM REGULATIONS CONCERNING THE TRAVEL OF DEPENDENTS AND THE TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS TO THE HOME SELECTED BY THE MEMBER UNDER SECTION 404 (C). SUCH REGULATIONS ARE CONTAINED IN PARAGRAPH 8260 OF THE JOINT TRAVEL REGULATIONS.

THE CITED PROVISIONS OF PARAGRAPH 8258 OF THE JOINT TRAVEL REGULATIONS PROVIDE THAT THE HOUSEHOLD EFFECTS OF A MEMBER DETACHED FROM AN OVERSEAS POST AND RETURNED TO THE UNITED STATES FOR FURTHER ASSIGNMENT MAY BE SHIPPED TO THE POINT IN THE UNITED STATES WHERE DIRECTED TO REPORT AND PLACED IN NONTEMPORARY STORAGE, WITH THE RIGHT TO FURTHER SHIPMENT WHEN REASSIGNED, APPARENTLY FOR THE PURPOSE OF ACCORDING SUCH MEMBER THE SAME BENEFITS IN THIS RESPECT AS ACCRUE TO A MEMBER DETACHED IN LIKE CIRCUMSTANCES FROM A POST IN THE UNITED STATES. IT WOULD APPEAR THAT THE PROPOSED REGULATORY AMENDMENT WOULD ACCOMPLISH THE SAME PURPOSE IN THE CASE OF A MEMBER DETACHED OVERSEAS AND DIRECTED TO PROCEED TO THE UNITED STATES FOR PROCESSING IN CONNECTION WITH SEPARATION UNDER PARAGRAPH 8260- 1, A MEMBER DETACHED FROM DUTY FOR SEPARATION IN THE UNITED STATES ORDINARILY HAVING THE USE OF HIS HOUSEHOLD EFFECTS FROM THE DATE OF DETACHMENT UNTIL HE PROCEEDS TO HIS HOME ON SEPARATION.

INASMUCH AS THE PURPOSE OF THE STATUTE AND REGULATIONS IS TO AUTHORIZE TRANSPORTATION AT GOVERNMENT EXPENSE FOR A MEMBER, HIS DEPENDENTS AND HOUSEHOLD EFFECTS TO THE PLACE WHERE HE GOES TO RESIDE FOLLOWING RETIREMENT (36 COMP. GEN. 774), AND IN VIEW OF THE FACT THAT THE REGULATIONS CURRENTLY IN EFFECT DISPROPORTIONATELY RESTRICT THE RIGHT OF A MEMBER DETACHED FROM A PERMANENT DUTY STATION OVERSEAS TO SHIP HIS EFFECTS TO HIS HOME OF SELECTION, AND HAVING REGARD FOR THE BROAD AUTHORITY OF THE SECRETARIES TO PRESCRIBE APPROPRIATE REGULATIONS FOR THE SHIPMENT OF BAGGAGE AND HOUSEHOLD EFFECTS, WE ARE NOT REQUIRED TO OBJECT TO THE ISSUANCE OF REGULATIONS AS PROPOSED. THE QUESTION PRESENTED IS ANSWERED ACCORDINGLY.