B-178203, AUG 16, 1973

B-178203, AUG 16, 1973

CLAIM FOR REIMBURSEMENT OF THE $389.68 COST OF MOVING HIS HOUSEHOLD GOODS FROM MACHIAS, N.Y. TO MCLEAN, VA. INCIDENT TO HIS RETIREMENT IS DISALLOWED BECAUSE MOVEMENT OCCURRED PRIOR TO THE ISSUANCE OF HIS RETIREMENT ORDERS FOR PERSONAL REASONS.

TO COL. THOMAS F. BRISTOL:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 24, 1973, WHEREIN YOU REQUEST REVIEW OF OUR TRANSPORTATION AND CLAIMS DIVISION SETTLEMENT DATED NOVEMBER 29, 1972, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE $389.68 COST OF MOVING YOUR HOUSEHOLD GOODS FROM MACHIAS, NEW YORK TO MCLEAN, VIRGINIA, IN MAY 1969, FOR THE REASON THAT SUCH MOVE WAS MADE BEFORE YOUR RETIREMENT ORDERS WERE ISSUED AND THE RECORD DID NOT SHOW THAT YOU WERE AUTHORIZED TO MAKE THE SHIPMENT.

THE RECORD SHOWS THAT ON APRIL 18, 1969, WHILE YOU WERE ON PERMANENT DUTY ASSIGNMENT IN THE WASHINGTON, D.C., AREA, YOU SUBMITTED A USASCAF FORM 31, REQUESTING SHIPMENT OF HOUSEHOLD GOODS PRIOR TO THE ISSUANCE OF ORDERS WHICH YOU INDICATED WERE EXPECTED BY YOU TO BE ISSUED IN AUGUST 1970. AN ADDENDUM TO THAT REQUEST IT WAS CERTIFIED THAT YOU WERE SCHEDULED TO BE RETIRED ON OR ABOUT AUGUST 31, 1970.

BY LETTER DATED APRIL 24, 1969, FROM HEADQUARTERS, MILITARY DISTRICT OF WASHINGTON, YOU WERE ADVISED THAT UPON REVIEW YOUR REQUEST FOR EARLY SHIPMENT AT GOVERNMENT EXPENSE WAS DISAPPROVED, CITING PARAGRAPH M8015 1 OF THE JOINT TRAVEL REGULATIONS AND PARAGRAPH 2-2 OF ARMY REGULATION 55-71 AS CONTROLLING.

THE RECORD FURTHER SHOWS THAT ON MAY 5, 1969, AT YOUR PERSONAL REQUEST YOUR HOUSEHOLD GOODS WERE SHIPPED TO YOUR HOME IN MCLEAN, VIRGINIA, FROM MACHIAS, NEW YORK, AND THAT YOU PAID THE $389.68 COST OF THIS HOUSEHOLD GOODS MOVEMENT.

BY SPECIAL ORDERS NUMBER 162, DATED AUGUST 20, 1970, ISSUED BY HEADQUARTERS, DEPARTMENT OF THE ARMY, YOU WERE RELIEVED FROM ACTIVE DUTY ON SEPTEMBER 30, 1970, AND PLACED ON THE RETIRED LIST EFFECTIVE OCTOBER 1, 1970, UNDER THE PROVISIONS OF 10 U.S.C. 3921.

BY LETTER DATED SEPTEMBER 15, 1971, ADDRESSED TO THE COMMANDING GENERAL, MILITARY DISTRICT OF WASHINGTON, YOU ADVISED THAT YOU INTENDED TO REMAIN AT YOUR MCLEAN, VIRGINIA, ADDRESS AS YOUR HOME OF SELECTION FOR THE PURPOSE OF YOUR ENTITLEMENT TO HAVE YOUR HOUSEHOLD GOODS SHIPPED WITHIN ONE YEAR FOLLOWING YOUR RETIREMENT. YOU REQUESTED FURTHER CONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT FOR YOUR PRERETIREMENT HOUSEHOLD GOODS MOVEMENT IN LIEU OF AUTHORIZED FINAL TYPE MOVEMENT WITHIN ONE YEAR OF RETIREMENT.

IN YOUR PRESENT LETTER TO THIS OFFICE YOU CONTEND THAT THE NECESSITY FOR SHIPPING YOUR HOUSEHOLD GOODS FROM MACHIAS, NEW YORK, WAS PRECIPITATED BY EMERGENCY CIRCUMSTANCES, EXPLAINING THAT BECAUSE OF YOUR MOTHER'S AGE AND HER INABILITY TO MANAGE HER OWN HOUSEHOLD, SHE WAS REQUIRED TO SELL HER HOME AND MOVE TO YOUR RESIDENCE IN MCLEAN, VIRGINIA. THEREFORE, YOU SAY ALL YOUR HOUSEHOLD GOODS WHICH YOU HAD STORED IN HER HOME IN MACHIAS, WERE SHIPPED TO YOUR MCLEAN HOME IN LIEU OF A LATER RETIREMENT MOVE.

THE LIABILITY OF THE GOVERNMENT FOR TRANSPORTING A MEMBER'S HOUSEHOLD GOODS IS LIMITED TO THAT SPECIFICALLY AUTHORIZED BY LAW AND REGULATIONS. UNDER SECTION 406(B) OF TITLE 37, UNITED STATES CODE, TRANSPORTATION OF THE HOUSEHOLD GOODS OF A MEMBER OF A UNIFORMED SERVICE AT GOVERNMENT EXPENSE OR REIMBURSEMENT THEREFOR, IS AUTHORIZED IN CONNECTION WITH A TEMPORARY OR PERMANENT CHANGE OF STATION.

THE ABOVE-MENTIONED CODE PROVISION IS IMPLEMENTED BY THE JOINT TRAVEL REGULATIONS, PARAGRAPH M8000-6 OF WHICH INCLUDES, AS A CHANGE OF PERMANENT STATION, THE MOVEMENT FROM THE LAST PERMANENT DUTY STATION TO HOME UPON RETIREMENT. PARAGRAPH M8015-1 OF THE REGULATIONS SPECIFICALLY PROVIDES THAT TRANSPORTATION OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO THE ISSUANCE OF ORDERS, EXCEPT IN CASE OF EMERGENCY, EXIGENCY OF THE SERVICE, OR WHEN REQUIRED BY SERVICE NECESSITY, AS DETERMINED BY THE APPROPRIATE AUTHORITY OF THE UNIFORMED SERVICE CONCERNED.

THE RECORD SHOWS THAT YOU WERE SPECIFICALLY ADVISED THAT YOUR HOUSEHOLD GOODS COULD NOT BE SHIPPED AT GOVERNMENT EXPENSE IN ADVANCE OF THE ACTUAL ISSUANCE OF YOUR RETIREMENT ORDERS. THIS DETERMINATION APPARENTLY WAS BASED ON THE FACT THAT NO EMERGENCY, EXIGENCY OF THE SERVICE OR SERVICE NECESSITY WAS INVOLVED. ON THE CONTRARY, IT IS CLEAR THAT THE HOUSEHOLD GOODS SHIPMENT MADE BY YOU PRIOR TO ISSUANCE OF YOUR RETIREMENT ORDERS WAS FOR PERSONAL REASONS, RESULTING FROM YOUR MOTHER'S CONDITION, AND NOT BECAUSE OF THE NEEDS OF THE SERVICE. WHILE THE NECESSITY OF MOVING THESE HOUSEHOLD GOODS MAY HAVE GENERALLY COINCIDED WITH YOUR IMPENDING RETIREMENT FROM THE SERVICE, UNDER THE LAW AND REGULATIONS, THE MERE EXPECTATION THAT CHANGE OF STATION ORDERS, INCLUDING ORDERS FOR RETIREMENT, WILL EVENTUALLY BE ISSUED, DOES NOT PROVIDE A BASIS FOR SHIPMENT OF HOUSEHOLD GOODS PRIOR TO THE ISSUANCE OF THOSE ORDERS. SEE DECISION B-166161, JUNE 20, 1969, COPY ENCLOSED.

ADDITIONALLY, THE FACT THAT YOU SELECTED MCLEAN, VIRGINIA, WHERE YOU RESIDED DURING YOUR LAST DUTY ASSIGNMENT, AS YOUR HOME OF RETIREMENT, AND, CONSEQUENTLY, HOUSEHOLD GOODS ALREADY LOCATED THERE WERE NOT TRANSPORTED AT GOVERNMENT EXPENSE INCIDENT TO YOUR RETIREMENT, PROVIDES NO LEGAL BASIS FOR REIMBURSEMENT FOR HOUSEHOLD EFFECTS MOVEMENT PRIOR TO RETIREMENT ORDERS.

THE DISALLOWANCE OF YOUR CLAIM FOR $389.68 AS REIMBURSEMENT OF THE COST OF THE PERSONALLY PROCURED MOVEMENT OF YOUR HOUSEHOLD GOODS FROM MACHIAS, NEW YORK, TO MCLEAN, VIRGINIA, IN MAY 1969, IS SUSTAINED.