B-192165, JUL 24, 1978

B-192165, JUL 24, 1978

DIGEST: A MEMBER'S CLAIM FOR REIMBURSEMENT FOR COSTS INCURRED PREPARATORY TO A PERMANENT CHANGE OF STATION (PCS) WHERE THE MEMBER HAD BEEN NOTIFIED OF THE PCS BUT ORDERS WERE NEVER ISSUED, INCLUDING LOSS ON SALE OF A MOBILE HOME AND FURNISHINGS AND THE REPLACEMENT COST OF FURNISHINGS AND APPLIANCES MAY NOT BE ALLOWED BECAUSE THERE IS NO AUTHORITY TO PAY SUCH COSTS. ALSO, A DISLOCATION ALLOWANCE (37 U.S.C. 407 (1970)) MAY NOT BE PAID BECAUSE THE MEMBER'S ORDERS WERE NEVER ISSUED AND HE AND HIS DEPENDENTS WERE NOT REQUIRED TO TRAVEL.

STAFF SERGEANT RICHARD J. CAILLIER, USAF:

THIS ACTION IS IN RESPONSE TO A LETTER DATED MAY 22, 1978, FORWARDED TO THIS OFFICE FROM STAFF SERGEANT RICHARD J. CAILLIER, USAF, FR505-70 4981, IN EFFECT REQUESTING FURTHER CONSIDERATION OF HIS CLAIM FOR REIMBURSEMENT OF $2,358 IN EXPENSES HE INCURRED IN PREPARATION FOR A PERMANENT CHANGE OF STATION (PCS). HIS CLAIM WAS DISALLOWED BY SETTLEMENT DATED MAY 8, 1978, OF OUR CLAIMS DIVISION BECAUSE THE EXPENSES CLAIMED WERE INCURRED IN PREPARATION FOR AN ANTICIPATED PCS FOR WHICH NO ORDERS WERE ISSUED AND NO TRAVEL PERFORMED.

THE FACTS OF THE MATTER ARE THAT IN MAY 1977 WHILE STATIONED AT OFFUTT AIR FORCE BASE (AFB), NEBRASKA, THE MEMBER RECEIVED NOTICE OF A PCS MOVE TO THE PHILIPPINES. HE REPORTED TO THE OUTBOUND ASSIGNMENTS SECTION AT THE OFFUTT AFB PERSONNEL OFFICE TO RECEIVE PROCESSING BRIEFING AND COMPLETE THE REQUIREMENTS FOR THE PCS MOVE. THEREAFTER, IN ANTICIPATION OF THE PCS MOVE, BUT WITHOUT HAVING RECEIVED PCS ORDERS, THE MEMBER SOLD CERTAIN PERSONAL BELONGINGS INCLUDING FURNITURE AND A MOBILE HOME. AUGUST 10, 1977, AFTER HAVING SOLD THE PERSONAL ITEMS, HE WAS ADVISED THAT HE WAS INELIGIBLE TO TAKE THE ASSIGNMENT. SPECIAL ORDERS DIRECTING HIS PCS WERE NEVER ISSUED.

IT IS THE MEMBER'S CONTENTION THAT HIS INELIGIBILITY RESULTED FROM THE FACT THAT HIS WIFE WAS NOT A UNITED STATES CITIZEN, A MATTER THAT WAS OVERLOOKED WHEN HE REPORTED TO THE OUTBOUND ASSIGNMENTS SECTION FOR PROCESSING. AS A RESULT OF THIS ERROR THE MEMBER CLAIMS THAT HE INCURRED EXPENSES IN PREPARATION FOR THE PCS MOVE IN THE AMOUNT OF $2,358. THIS SUM APPARENTLY REPRESENTS THE DIFFERENCE BETWEEN THE PURCHASE PRICE OF THE MOBILE HOME AND PRICE FOR WHICH IT WAS SOLD PLUS THE REPLACEMENT VALUE OF THE FURNITURE. THE FURNITURE WAS APPARENTLY SOLD WITH AND INCLUDED IN THE SALE PRICE OF THE MOBILE HOME. IN ADDITION, THE MEMBER CLAIMS INTEREST OF $250 ON A LOAN HE NEGOTIATED TO ACQUIRE NEW FURNITURE AND $166 FOR REPAIRS AND INSULATION FOR HIS MOBILE HOME.

UNDER THE PROVISIONS OF 37 U.S.C. 404 AND 406 (1970) AS IMPLEMENTED BY VOLUME 1 OF THE JOINT TRAVEL REGULATIONS (1 JTR) MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO SPECIFIED TRAVEL AND TRANSPORTATION ALLOWANCES FOR THEIR OWN AND THEIR DEPENDENTS' TRAVEL AND THE SHIPMENT OF THEIR HOUSEHOLD GOODS UPON A PCS. ALSO, UNDER 37 U.S.C. 406A (1970), AS IMPLEMENTED BY 1 JTR, A MEMBER IS ENTITLED TO CERTAIN TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED BEFORE THE EFFECTIVE DATE OF PCS ORDERS WHICH ARE CANCELLED, REVOKED OR MODIFIED.

UNDER THOSE PROVISIONS OF LAW A MEMBER WOULD BE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR HIS AND HIS DEPENDENTS' TRAVEL AND FOR SHIPMENT OF HIS HOUSEHOLD GOODS TO HIS NEW DUTY STATION, AND FOR TRAVEL AND TRANSPORTATION PERFORMED PRIOR TO THE CANCELLATION OF ORDERS. THERE IS NO AUTHORITY, HOWEVER, FOR THE REIMBURSEMENT TO THE MEMBER IN THIS INSTANCE, WHETHER OR NOT HE HAD BEEN ISSUED ORDERS AND WHETHER OR NOT SUCH ORDERS HAD BEEN CANCELLED, FOR THE ITEMS HE IS CLAIMING SUCH AS THE LOSS ON THE SALE OF THE MOBILE HOME AND FURNISHINGS AND FULL VALUE FOR THE REPLACEMENT COST OF FURNISHINGS AND APPLIANCES. B-188254, JUNE 9, 1977; B-179110, JUNE 18, 1974.

UNDER 37 U.S.C. 407 (1970) AND CHAPTER 9, 1 JTR, A DISLOCATION ALLOWANCE IS PAYABLE TO A MEMBER "WHOSE DEPENDENTS MAKE AN AUTHORIZED MOVE IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION." THAT ALLOWANCE IS INTENDED PARTIALLY TO REIMBURSE A MEMBER FOR THE EXPENSES INCURRED IN RELOCATING HIS HOUSEHOLD UPON A PCS. HOWEVER, IN THIS CASE SPECIAL ORDERS WERE NEVER ISSUED AND THE MEMBER WAS NOT REQUIRED TO MAKE A PCS. THEREFORE, PAYMENT TO HIM OF THE DISLOCATION ALLOWANCE IS NOT AUTHORIZED. SEE 44 COMP.GEN. 522 (1965), AND B-179110, SUPRA.

WHILE THE CIRCUMSTANCES OF THIS CASE ARE UNFORTUNATE, THERE IS NO AUTHORITY FOR US TO AUTHORIZE PAYMENT OF HIS CLAIM. ACCORDINGLY, THE CLAIMS DIVISION DISALLOWANCE OF SERGEANT CAILLIER'S CLAIM IS SUSTAINED.