B-147846, JAN. 30, 1962

B-147846, JAN. 30, 1962

TO MAJOR JESSE C. HAYES, USAR, RETIRED:

YOUR LETTER OF DECEMBER 12, 1961, REQUESTS FURTHER CONSIDERATION OF THE SETTLEMENT OF NOVEMBER 9, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSE INCURRED IN MOVING YOUR HOUSEHOLD EFFECTS FROM FORT SMITH, ARKANSAS, TO POCAHANTAS, ARKANSAS, INCIDENT TO YOUR RETIREMENT.

BY PARAGRAPH 43, SPECIAL ORDERS NO. 166, DATED JULY 30, 1960, YOU WERE RELIEVED FROM ASSIGNMENT AT FORT SILL, OKLAHOMA, WITH TEMPORARY DUTY STATION AT FORT CHAFFEE, ARKANSAS, AND PLACED ON THE ARMY OF THE UNITED STATES RETIRED LIST EFFECTIVE SEPTEMBER 1, 1960. THE RECORD INDICATES THAT YOU SELECTED POCAHANTAS, ARKANSAS, AS YOUR HOME UPON RETIREMENT AND WERE PAID TRAVEL ALLOWANCES TO THAT CITY. DURING THE PERIOD JANUARY 16 TO 18, 1961, YOU MOVED YOUR HOUSEHOLD EFFECTS WHICH YOU ESTIMATED WEIGHED 1,500 POUNDS BY TRUCK FROM FORT SMITH, ARKANSAS, TO POCAHANTAS, AND DURING THE PERIOD JANUARY 21 TO 25, 1961, YOU MOVED ADDITIONAL HOUSEHOLD EFFECTS WHICH YOU ESTIMATED WEIGHED 4,500 POUNDS BETWEEN THE SAME POINTS. YOU CLAIM YOU INCURRED AN EXPENSE OF $95.82 FOR TRUCK AND VAN RENTAL, $30 FOR GASOLINE, AND $25 FOR PACKING AND LABOR OF LOADING AND UNLOADING, A TOTAL COST OF $150.82. YOUR CLAIM FOR REIMBURSEMENT WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT YOU DID NOT FURNISH EVIDENCE OF THE EXPENSE INCURRED. IN YOUR PRESENT LETTER YOU SAY THAT, SINCE YOU WERE THE CARRIER AND HAVE FURNISHED A SWORN STATEMENT OF THE ENTIRE OPERATION, YOU BELIEVE YOU HAVE SUPPLIED ALL THE NECESSARY EVIDENCE.

THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C). PARAGRAPH 8500 OF THOSE REGULATIONS PROVIDES THAT SHIPMENT OF HOUSEHOLD GOODS ORDINARILY WILL BE MADE THROUGH A SHIPPING OR TRANSPORTATION OFFICER; THAT A MEMBER WHO ARRANGES FOR SHIPMENT OF HIS HOUSEHOLD GOODS AT PERSONAL EXPENSE IS ENTITLED TO REIMBURSEMENT OF SUCH COSTS NOT TO EXCEED THE COST THAT WOULD HAVE BEEN INCURRED BY THE GOVERNMENT HAD SHIPMENT BEEN MADE BY A SHIPPING OR TRANSPORTATION OFFICER, AND THAT CLAIMS FOR REIMBURSEMENT WILL BE PREPARED AND SUBMITTED IN ACCORDANCE WITH REGULATIONS OF THE SERVICE CONCERNED. PARAGRAPH 8, ARMY REGULATIONS 55-88, REQUIRES THAT CLAIMS FOR REIMBURSEMENT OF THE COST OF SHIPPING HOUSEHOLD EFFECT BE SUPPORTED BY ORIGINAL COPIES OF ALL BILLS FOR TRANSPORTATION OR ACCESSORIAL SERVICES FOR WHICH REIMBURSEMENT IS CLAIMED SHOWING THE WEIGHT OF THE HOUSEHOLD GOODS SHIPPED, AND THAT THE BILLS MUST BE MARKED PAID. PARAGRAPH 8002-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN THE ACTUAL WEIGHT OF A SHIPMENT IS UNOBTAINABLE THE WEIGHT OF THE SHIPMENT WILL BE DETERMINED BY CUBIC MEASUREMENT ON THE BASIS OF SEVEN POUNDS PER CUBIC FOOT. IN YOUR CASE, SINCE YOU FURNISHED AN INVENTORY SHOWING THAT YOU SHIPPED 942 CUBIC FEET OF HOUSEHOLD GOODS THE TOTAL WEIGHT OF THE SHIPMENTS IS ESTABLISHED AS 6,594 POUNDS USING THAT METHOD OF COMPUTATION. HOWEVER, THE REGULATIONS CLEARLY REQUIRE EVIDENCE OF ACTUAL EXPENDITURE INCURRED BEFORE REIMBURSEMENT MAY BE AUTHORIZED. THERE IS NO PROVISION FOR PAYMENT OF AN ALLOWANCE TO A MEMBER WHO PERFORMS THE SERVICE OF MOVING HIS HOUSEHOLD GOODS HIMSELF WITHOUT INCURRING ACTUAL AND PROVABLE EXPENSES. IN YOUR CASE NO PAID BILLS HAVE BEEN FURNISHED TO ESTABLISH PAYMENT OF EXPENSES SUCH AS TRUCK AND VAN RENTAL, AND THE AMOUNT PAID FOR PACKING AND LABOR.

SINCE YOU HAVE FURNISHED NO EVIDENCE TO ESTABLISH THAT YOU PAID FOR ANY OF THE SERVICES FOR WHICH REIMBURSEMENT IS CLAIMED THERE IS NO BASIS UNDER THE REGULATIONS FOR THE ALLOWANCE OF YOUR CLAIM. THEREFORE, ON THE PRESENT RECORD THE SETTLEMENT OF NOVEMBER 9, 1961, IS SUSTAINED. HOWEVER, IF YOU SHOULD FURNISH EVIDENCE OF THE AMOUNTS EXPENDED BY YOU IN MOVING YOUR HOUSEHOLD EFFECTS THE MATTER WILL BE GIVEN FURTHER CONSIDERATION.