B-159003 L/M, MAY 31, 1966

B-159003 L/M, MAY 31, 1966

PRECIS-UNAVAILABLE

CAPTAIN EDWARD F. GALLAGHER, USN:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 27, 1966, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED DECEMBER 3, 1965, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN THE TRANSFER OF YOUR HOUSEHOLD EFFECTS FROM A PRIVATE RESIDENCE TO GOVERNMENT QUARTERS IN NORFOLK, VIRGINIA, DURING THE PERIOD JUNE 29 TO JULY 1, 1965.

ON JUNE 30, 1965, WHILE YOU WERE ON DUTY AT THE U. S. NAVAL STATION, NORFOLK, VIRGINIA, YOU WERE NOTIFIED BY THE COMMANDING OFFICER, U. S. NAVY PUBLIC WORKS CENTER, NORFOLK, THAT YOU WERE ASSIGNED GOVERNMENT QUARTERS AT THAT STATION ON A TEMPORARY BASIS, EFFECTIVE THAT DATE. A LETTER FROM THE COMMANDING OFFICER, NAVAL SUPPLY CENTER, NORFOLK, DATED AUGUST 3, 1965, STATES THAT THE ACTIVITY WAS UNABLE TO SCHEDULE THE MOVEMENT OF YOUR HOUSEHOLD GOODS WITH THE LOCAL DELIVERY CONTRACTORS ON THE DESIRED DATES AND THAT HE ADVISED YOU TO MAKE YOUR OWN ARRANGEMENTS FOR THE LOCAL MOVE OF SUCH GOODS, SUBJECT TO FILING CLAIM FOR REIMBURSEMENT.

IN AN AFFIDAVIT DATED AUGUST 3, 1965, YOU LISTED THE EXPENDITURES YOU INCURRED, TOTALING $316, IN THE DRAYAGE OF YOUR HOUSEHOLD GOODS FROM YOUR PRIVATE RESIDENCE TO QUARTERS AT THE NAVAL STATION, NORFOLK, WHICH COSTS INCLUDED PACKING, LOADING, HAULING, UNLOADING AND UNPACKING OF 12,625 POUNDS OF HOUSEHOLD GOODS, INCLUDING 1,050 POUNDS OF PROFESSIONAL BOOKS AND EQUIPMENT, TOGETHER WITH INSURANCE FOR THE MOVE. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT NO RECEIPTED BILLS WERE PRESENTED IN SUPPORT OF YOUR CLAIM, AS REQUIRED BY PARAGRAPH 58130 3, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL.

IN YOUR LETTER OF MARCH 27, 1966, YOU STATED THAT THE TRANSFER OF YOUR EFFECTS FROM YOUR RESIDENCE TO THE ASSIGNED PUBLIC QUARTERS WAS MADE AT YOUR OWN EXPENSE AS DIRECTED BY THE COMMANDING OFFICER, U. S. NAVAL SUPPLY CENTER, NORFOLK, VIRGINIA, FOR THE REASON THAT THERE WERE NO CARRIERS AVAILABLE FOR SUCH DRAYAGE IN THE AREA AT THAT TIME. YOU ALSO ENCLOSED RECEIPTS COVERING EXPENSES INVOLVED IN MOVING YOUR HOUSEHOLD EFFECTS.

PARAGRAPH M8309-2 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 406, PROVIDES THAT THE DRAYAGE OF HOUSEHOLD GOODS IS AUTHORIZED INCIDENT TO THE ASSIGNMENT OF GOVERNMENT QUARTERS. PARAGRAPH M8500 OF THESE REGULATIONS PROVIDES IN PERTINENT PART THAT SHIPMENT OR DRAYAGE OF HOUSEHOLD GOODS ORDINARILY WILL BE MADE THROUGH A SHIPPING OR TRANSPORTATION OFFICER. HOWEVER, WHEN A MEMBER PERSONALLY ARRANGES FOR THE SHIPMENT OF HIS HOUSEHOLD GOODS BY ANY MEANS, INCLUDING THE DIRECT HIRE OR RENTAL OF A CONVEYANCE (WITH OR WITHOUT OPERATOR) AND/OR HIRE OF AN OPERATOR OF A CONVEYANCE, BECAUSE A SHIPPING OR A TRANSPORTATION OFFICER IS NOT AVAILABLE, OR BECAUSE HE WAS INSTRUCTED BY THE SHIPPING OR TRANSPORTATION OFFICER TO MAKE SHIPMENT AT PERSONAL EXPENSE, HE IS ENTITLED TO REIMBURSEMENT OF THE ACTUAL COST OF SUCH SHIPMENT, EXCLUSIVE OF THE SPECIAL ROUTING, ADDITIONAL VALUATION AND OTHER SERVICE REFERRED TO IN PARAGRAPH M8009 OF THE REGULATIONS. IT PROVIDES FURTHER THAT IN ALL OTHER CASES, 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. IMPLEMENTING REGULATIONS CONTAINED IN PARAGRAPH 58130, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, PROVIDE IN PERTINENT PART IN SUBPARAGRAPH 3, THAT SUCH CLAIMS WILL BE SUPPORTED BY ORIGINAL BILLS FOR ANY PACKING, CRATING, DRAYING, STORING, UNPACKING AND UNCRATING AND SUCH DOCUMENTS ARE TO BE RECEIPTED AS PAID IN FULL.

YOU HAVE NOW SUBMITTED ORIGINAL RECEIPTS COVERING ALL OF THE ITEMS LISTED IN YOUR AFFIDAVIT AS COSTS INVOLVED IN THE DRAYAGE OF YOUR HOUSEHOLD EFFECTS, WITH THE EXCEPTION OF THAT FOR INSURANCE IN THE AMOUNT OF $10. IT IS NOTED, HOWEVER, THAT CERTAIN INDIVIDUALS WHO WERE INVOLVED IN THE PACKING, UNPACKING AND OTHER INCIDENTAL SERVICES AND WHO PRESENTED BILLS FOR THEIR SERVICES, NAMELY, C. M. GALLAGHER - $69; EDWARD F. GALLAGHER, JR. - $13; MICHAEL K. GALLAGHER - $13, AND CHRISTOPHER J. GALLAGHER - $13, FOR A TOTAL OF $108, BEAR YOUR FAMILY NAME, WERE ALL RESIDING AT THE SAME QUARTERS (SP34E) AT THE NAVAL AIR STATION AND PRESUMABLY ARE MEMBERS OF YOUR FAMILY. INSOFAR AS WE ARE AWARE, THE LAWS AND REGULATIONS GOVERNING THE TRANSPORTATION OF HOUSEHOLD EFFECTS HAVE NEVER PROVIDED FOR PAYMENT TO A MEMBER OF THE UNIFORMED SERVICES FOR TIME AND LABOR EXPENDED BY HIM INCIDENT TO THE MOVEMENT OF HIS EFFECTS BY ANY MEANS. PRESUMABLY, HIS EFFORTS IN THAT REGARD ARE VIEWED AS BEING FOR HIS OWN BENEFIT AND NOT REIMBURSABLE. WE SEE NO BASIS FOR VIEWING THE TIME AND LABOR OF MEMBERS OF HIS IMMEDIATE FAMILY INCIDENT TO THE MOVEMENT OF HIS AND HIS FAMILY'S EFFECTS IN ANY DIFFERENT LIGHT AND WE FIND NOTHING IN THE LAW OR REGULATIONS UPON WHICH WE MAY CONCLUDE THAT PAYMENT TO A MEMBER FOR THE SERVICES OF HIS FAMILY MEMBERS IN CONNECTION WITH THE MOVEMENT OF HIS HOUSEHOLD EFFECTS IS AUTHORIZED. CONSEQUENTLY, ON THE PRESENT RECORD REIMBURSEMENT FOR THESE SERVICES IS NOT AUTHORIZED. REIMBURSEMENT FOR THE INSURANCE COST OF $10 MAY NOT BE AUTHORIZED IN THE ABSENCE OF SOME EVIDENCE REFLECTING PAYMENT OF THE CHARGE.

ACCORDINGLY, SETTLEMENT IN THE AMOUNT OF $198 WILL ISSUE IN THE NEAR FUTURE.