B-155932, OCT. 13, 1970

B-155932, OCT. 13, 1970

MILITARY PERSONNEL - PER DIEM ALLOWANCE - FAMILY DISLOCATION ALLOWANCE DECISION GRANTING RETIRED ARMY MEMBER PER DIEM ALLOWANCE WHILE TRAVELING FROM PERMANENT DUTY STATION AND FAMILY DISLOCATION ALLOWANCE FOR HOUSEHOLD GOODS SHIPPED AT PERSONAL EXPENSE. WHERE A MEMBER IS TRANSFERRED TO A NEW PERMANENT DUTY STATION HE MAY CLAIM PER DIEM ALLOWANCE ONLY FOR DAYS IN A TRAVEL STATUS, PURSUANT TO COMPETENT ORDERS. FURTHER WHERE TRAVEL ALLOWANCE HAS BEEN PAID FOR MOVEMENT OF DEPENDENTS FROM ORIGINAL DUTY STATION TO HOME OF RETIREMENT, NO FURTHER PAYMENT IS DUE FOR THEIR TRAVEL, THOUGH A DISLOCATION ALLOWANCE FOR THEIR MOVE IS PERMITTED. SUCH DISLOCATION ALLOWANCE MUST BE DETERMINED IN CONFORMITY WITH PARAGRAPH 8500 OF THE JOINT TRAVEL REGULATIONS AND THE REGULATIONS OF THE SERVICE INVOLVED. GAO ALSO ADVISES THAT AN INDEBTEDNESS TO VETERANS ADMINISTRATION DUE TO A DEFAULT ON A LOAN, EVEN THOUGH SUBSEQUENT PURCHASER WHO ALSO ASSUMED RESPONSIBILITY FOR THE PAYMENTS MAY HAVE BEEN THE PARTY WHO ACTUALLY DEFAULTED, IS A VALID DEBT AND PAYMENT SHOULD BE MADE TO GAO WITHIN 30 DAYS.

TO CWO ROBERT E. JOHNSON:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 18, 1970, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR PER DIEM FOR THE PERIOD DECEMBER 18, 1962, TO JANUARY 15, 1964, WHILE PERFORMING DUTY AT CAPE CANAVERAL (NOW CAPE KENNEDY), FLORIDA.

YOU SAY YOU WERE ORDERED TO CAPE KENNEDY WITHOUT BENEFIT OF TRAVEL OR DISLOCATION ALLOWANCE OR MOVEMENT OF HOUSEHOLD EFFECTS, AND THAT THE LAST CORRESPONDENCE FROM THIS OFFICE RELATIVE TO YOUR CLAIM WAS OUR DECISION OF MARCH 17, 1965, B-155932.

IN THAT DECISION WE ADVISED YOU, FOR THE REASONS STATED, THAT SINCE THE TEMPORARY DUTY DIRECTED BY THE VARIOUS ORDERS IN YOUR CASE EXCEEDED 6 MONTHS AND THE ORDERS WERE NOT APPROVED BY PROPER AUTHORITY, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM FOR PER DIEM FOR DUTY PERFORMED AT CAPE CANAVERAL. WE CONCLUDED THAT IN THE CIRCUMSTANCES OF YOUR CASE CAPE CANAVERAL WAS IN FACT YOUR PERMANENT STATION DURING THE PERIOD COVERED BY THE CLAIM; THAT YOU WERE ENTITLED TO PER DIEM ONLY WHILE AWAY FROM THAT STATION IN A TRAVEL STATUS UNDER COMPETENT ORDERS; AND THAT SINCE YOU MOVED YOUR DEPENDENTS AND HOUSEHOLD EFFECTS FROM FORT EUSTIS, VIRGINIA, TO CAPE CANAVERAL, FLORIDA, YOU COULD FILE A CLAIM FOR TRANSPORTATION OF DEPENDENTS AND DISLOCATION ALLOWANCE.

BY LETTER OF APRIL 26, 1965, YOU SAID YOU PURCHASED A TRUCK AND MOVED YOUR DEPENDENTS AND HOUSEHOLD EFFECTS FROM FORT EUSTIS TO CAPE CANAVERAL AT YOUR EXPENSE; THAT YOU RETIRED TO CAPE KENNEDY, AND THAT YOU RECEIVED TRAVEL ALLOWANCES FOR YOURSELF AND DEPENDENTS FROM FORT EUSTIS TO SATELLITE BEACH INCIDENT TO YOUR RETIREMENT.

BY DECISION OF MAY 11, 1965, B-155932, YOU WERE ADVISED THAT SINCE IT THEN APPEARED THAT YOU WERE AWAY FROM CAPE CANAVERAL IN A TRAVEL STATUS PURSUANT TO ORDERS DURING THE PERIODS APRIL 29 TO MAY 3, OCTOBER 20 TO 24 AND NOVEMBER 12 TO 15, 1963, YOU WERE ENTITLED TO PER DIEM FOR THE DAYS OR PORTIONS THEREOF INVOLVED. WE ALSO SAID THAT SINCE YOU SELECTED SATELLITE BEACH AS YOUR HOME UPON RETIREMENT AND WERE PAID A TRAVEL ALLOWANCE THERETO FROM FORT EUSTIS FOR YOUR DEPENDENTS, NO FURTHER PAYMENT IS DUE FOR THEIR TRAVEL, BUT THAT YOU WERE ENTITLED TO A DISLOCATION ALLOWANCE FOR THEIR MOVE AND THAT A SETTLEMENT FOR THE AMOUNT DUE AS PER DIEM AND DISLOCATION ALLOWANCE WOULD BE ISSUED.

ON MAY 14, 1965, OUR CLAIMS DIVISION ISSUED A SETTLEMENT IN YOUR FAVOR IN THE AMOUNT OF $286.55 CONSISTING OF $156.50 FOR PER DIEM AND $130.05 AS DISLOCATION ALLOWANCE.

SINCE THE DECISION OF MAY 11, 1965, WAS INADVERTENTLY ADDRESSED TO SATELLITE BEACH, CALIFORNIA, IT MAY BE THAT YOU DID NOT RECEIVE IT. ACCORDINGLY, A COPY IS ENCLOSED. HOWEVER, THE SETTLEMENT WHICH WAS ISSUED PURSUANT TO THE DECISION WAS CORRECTLY ADDRESSED TO SATELLITE BEACH, FLORIDA. PRESUMABLY, YOU RECEIVED A COPY OF THE SETTLEMENT AND A TREASURY CHECK IN THE AMOUNT OF $286.55.

WITH RESPECT TO REIMBURSEMENT FOR SHIPPING YOUR HOUSEHOLD EFFECTS WE FURTHER ADVISED YOU THAT PARAGRAPH 8500 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER WHO ARRANGES FOR THE SHIPMENT OF HIS HOUSEHOLD GOODS AT PERSONAL EXPENSE IS ENTITLED TO REIMBURSEMENT OF SUCH COSTS NOT TO EXCEED THE COST WHICH WOULD HAVE BEEN INCURRED BY THE GOVERNMENT HAD THE SHIPMENT BEEN MADE BY A SHIPPING OR TRANSPORTATION OFFICER. UNDER THAT AUTHORITY THE MEMBER CAN BE REIMBURSED ONLY FOR THOSE EXPENDITURES WHICH OTHERWISE WOULD BE THE RESPONSIBILITY OF THE GOVERNMENT. PARAGRAPH 8500 FURTHER PROVIDES THAT CLAIMS FOR REIMBURSEMENT WILL BE PREPARED IN ACCORDANCE WITH REGULATIONS OF THE SERVICE CONCERNED. IN THIS CONNECTION ARMY REGULATIONS 55-71 PROVIDE THAT WHEN THE PROPERTY IS MOVED UNCRATED BY THE OWNER THE CLAIM SHOULD BE SUPPORTED BY EVIDENCE OF THE ACTUAL WEIGHT OR WEIGHT ESTIMATED AT 7 POUNDS PER CUBIC FOOT. PARAGRAPH 8002 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT IF THE ACTUAL WEIGHT OF A SHIPMENT IS UNOBTAINABLE THE WEIGHT OF THE SHIPMENT WILL BE DETERMINED BY CUBIC MEASUREMENT ON THE BASIS OF 7 POUNDS PER CUBIC FOOT.

IT WAS EXPLAINED THAT UNDER THOSE REGULATIONS YOU MAY SUBMIT RECEIPTS SHOWING THE PURCHASE OF GASOLINE AND OIL REQUIRED IN MAKING THE SHIPMENT TOGETHER WITH EVIDENCE OF THE WEIGHT OF THE SHIPMENT. IF RECEIPTS ARE NOT AVAILABLE YOU MAY SUBMIT A STATEMENT AS TO THE VEHICLE USED, THE MILEAGE INVOLVED, THE APPROXIMATE AMOUNT OF GASOLINE AND OIL REQUIRED FOR THE MOVE AND THE COST THEREOF. IF YOU DO NOT HAVE EVIDENCE OF THE ACTUAL WEIGHT OF THE GOODS MOVED YOU MAY SUBMIT AN INVENTORY OF THE EFFECTS SHIPPED FROM WHICH THE CUBIC CONTENT MAY BE ESTIMATED. PROFESSIONAL BOOKS AND PAPERS SHOULD BE LISTED SEPARATELY. ALSO, THE DATE OF THE MOVEMENT SHOULD BE SHOWN. YOU WERE ADVISED THAT IF YOU HAVE EVIDENCE OF THIS TYPE AND DESIRE TO PRESENT A CLAIM FOR THE COST INCURRED IN MOVING YOUR HOUSEHOLD EFFECTS IT MAY BE SUBMITTED DIRECTLY TO THIS OFFICE AND WILL RECEIVE CAREFUL CONSIDERATION.

SINCE THE EVIDENCE REFERRED TO ABOVE HAS NOT BEEN SUBMITTED AND YOUR PRESENT LETTER FURNISHES NO INFORMATION OR EVIDENCE NOT PREVIOUSLY CONSIDERED THE PRIOR ACTION IN YOUR CLAIM MUST BE AFFIRMED.

YOU ALSO REFER TO LETTER FROM OUR CLAIMS DIVISION (DWZ-2-413-569 DEM), RELATING TO YOUR INDEBTEDNESS TO THE UNITED STATES ARISING FROM A CLAIM PAID BY THE VETERANS ADMINISTRATION IN THE SUM OF $1,687.49 BECAUSE OF DEFAULT ON GUARANTEED LOAN NO. LH 109484 FLA. YOU SAY THAT THE DEBT IS UNJUST, NOT VALID AND NOT IN THE BEST INTEREST OF THE GOVERNMENT OR THE PEOPLE. YOU DO NOT, HOWEVER, FURNISH YOUR REASON FOR SUCH CONCLUSION.

THIS INDEBTEDNESS WAS REPORTED TO OUR OFFICE AS UNCOLLECTIBLE BY THE VETERANS ADMINISTRATION. APPARENTLY, WHEN YOU PURCHASED THE PROPERTY YOU ASSUMED THE EXISTING MORTGAGE AND BECAME RESPONSIBLE FOR ITS PAYMENT. ONE WHO PURCHASES PROPERTY AND AS PART OF THE CONSIDERATION ASSUMES RESPONSIBILITY FOR THE PAYMENTS, BECOMES LIABLE ON THE NOTE FOR ANY DEFICIENCY RESULTING FROM THE FORECLOSURE AND SALE, EVEN THOUGH A SUBSEQUENT PURCHASER WHO ALSO ASSUMES RESPONSIBILITY FOR THE PAYMENTS MAY HAVE BEEN THE PARTY WHO ACTUALLY DEFAULTED. AS A RESULT OF THE FORECLOSURE, THERE RESULTED A DEFICIENCY OF $1,687.49 FOR WHICH YOU ARE LIABLE.

ACCORDINGLY, ARRANGEMENTS SHOULD BE MADE FOR PAYMENT OF SAID AMOUNT TOGETHER WITH INTEREST AT THE RATE OF 4 PERCENT PER ANNUM FROM MAY 13, 1966. YOUR PROPOSED ARRANGEMENTS FOR LIQUIDATION OF THIS INDEBTEDNESS, TOGETHER WITH A CHECK OR MONEY ORDER PAYABLE TO "U. S. GENERAL ACCOUNTING OFFICE" IN FULL OR PARTIAL PAYMENT OF THE DEBT SHOULD BE FORWARDED TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, P. O. BOX 2610, WASHINGTON, D. C. 20013, WITHIN THE NEXT 30 DAYS.