B-106710, OCT. 3, 1961

B-106710: Oct 3, 1961

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YOUR CLAIM WAS DISALLOWED BECAUSE THERE IS NO AUTHORITY FOR PAYMENT OF SUCH EXPENSES FROM GOVERNMENT FUNDS UPON RETIREMENT FROM CIVILIAN EMPLOYMENT. WERE AUTHORIZED BY LAW TO SHIP THEIR HOUSEHOLD EFFECTS TO THE HOME SELECTED. YOU POINT OUT THEREIN THAT YOU WERE HOPEFUL THAT SUCH AUTHORITY COULD BE CONSIDERED APPLICABLE TO YOUR CASE SINCE YOU WERE REQUIRED TO FOLLOW THE ACTIVITY EMPLOYING YOU FROM KEESLER AIR FORCE BASE. WE HAVE NOT OVERLOOKED YOUR STATEMENT THAT YOU WERE CONSCIENTIOUS IN THE PERFORMANCE OF YOUR WORK AND THAT YOU COMPILED AN EXCELLENT SICK LEAVE RECORD. WE HAVE NO BASIS FOR ALLOWANCE OF ANY PART OF YOUR CLAIM. MUST BE AND IS SUSTAINED.

B-106710, OCT. 3, 1961

TO MR. WERNER W. KROGMAN:

YOUR LETTER OF SEPTEMBER 14, 1961, REQUESTS RECONSIDERATION OF OUR SETTLEMENT OF SEPTEMBER 8, 1961, WHICH DISALLOWED YOUR CLAIM FOR TRANSPORTATION OF HOUSEHOLD EFFECTS UPON YOUR RETIREMENT AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE. YOUR CLAIM WAS DISALLOWED BECAUSE THERE IS NO AUTHORITY FOR PAYMENT OF SUCH EXPENSES FROM GOVERNMENT FUNDS UPON RETIREMENT FROM CIVILIAN EMPLOYMENT.

YOU ACKNOWLEDGE IN YOUR LETTER OF SEPTEMBER 14, THAT THE ARTICLE PUBLISHED IN THE AIR FORCE TIMES, UPON WHICH YOU BASED YOUR CLAIM, CONCERNED MILITARY PERSONNEL WHO, UPON RETIREMENT FROM THE MILITARY SERVICE, WERE AUTHORIZED BY LAW TO SHIP THEIR HOUSEHOLD EFFECTS TO THE HOME SELECTED. YOU POINT OUT THEREIN THAT YOU WERE HOPEFUL THAT SUCH AUTHORITY COULD BE CONSIDERED APPLICABLE TO YOUR CASE SINCE YOU WERE REQUIRED TO FOLLOW THE ACTIVITY EMPLOYING YOU FROM KEESLER AIR FORCE BASE, BILOXI, MISSISSIPPI, TO SHEPPARD AIR FORCE BASE, WICHITA FALLS, TEXAS, UPON ITS OFFICIAL TRANSFER, IN ORDER TO RETAIN YOUR WORK WHICH YOU SAY YOU ALWAYS CONSCIENTIOUSLY PERFORMED AND IN WHICH YOU ACCUMULATED SICK LEAVE OF OVER 1,000 HOURS.

WE HAVE NOT OVERLOOKED YOUR STATEMENT THAT YOU WERE CONSCIENTIOUS IN THE PERFORMANCE OF YOUR WORK AND THAT YOU COMPILED AN EXCELLENT SICK LEAVE RECORD; BUT IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY COVERING THE MATTER, WE HAVE NO BASIS FOR ALLOWANCE OF ANY PART OF YOUR CLAIM. THE LAW UPON WHICH YOU BASED YOUR CLAIM COVERS ONLY MILITARY PERSONNEL AND CANNOT BE EXTENDED TO COVER YOUR CASE IRRESPECTIVE OF THE CIRCUMSTANCES.

THEREFORE, OUR SETTLEMENT OF SEPTEMBER 8, 1961, MUST BE AND IS SUSTAINED.