Entitlement to Transportation of Household Goods in Advance of Orders

A military member protested a decision issued by the Claims Division which denied him compensation for expenses incurred while his personal goods were being transported to a new location. The protester had his possessions moved prior to his actual dismissal or retirement. He stated that he was told he could do this and be reimbursed at a later date when his orders came through. At the same time, the protester had his attorney secure a federal court injunction preventing the Army from separating him from the service until a Medical Board had taken action in his case. Thus, at the time the goods were shipped, it was not known if the protester would be discharged or retired from the Army. Payment may be made for goods shipped in advance if prior permission is received in writing from the order-issuing authority and if it is a case of emergency, exigency of the service, or when required by service necessity. These conditions were not fulfilled in this case. The record showed no military need for authorizing shipment of household goods before receipt of orders. The protester was correctly advised that orders would be required. He contended that he was told he had 72 hours to clear the post and that orders would be issued within 48 hours. This is not substantiated by the record. Furthermore, the record contained no explanation as to why the protester could not have waited for orders rather than shipping his household goods before the 48-hour period expired. The orders were not forthcoming because of the action of the attorney hired by the protester. GAO held that early shipment was for personal reasons, and thus the claim for reconsideration was denied, and the disallowance by the Claims Division was sustained.