B-108887, APR 15, 1952

B-108887: Apr 15, 1952

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UPON COMPLETION OF WHICH HE WAS TO RETURN TO HIS HOME. HE WAS ORDERED INTO THE ACTIVE MILITARY SERVICE OF THE UNITED STATES AT THE SAID INFANTRY SCHOOL. IT APPEARS THAT THE EFFECTS IN QUESTION WERE SHIPPED FROM LAFAYETTE AT PERSONAL EXPENSE BY VAN CARRIER ON OR ABOUT JANUARY 20. THE CHIEF OF TRANSPORTATION HAS EXPRESSED THE OPINION THAT THE CLAIM IS PROPERLY PAYABLE FROM PUBLIC FUNDS. BOTH PROVIDE THAT SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO RECEIPT OF ORDERS. IT IS SHOWN THAT SUCH ORDERS WERE IN FACT ISSUED AND THAT THE INTERESTS OF THE GOVERNMENT WERE NOT PREJUDICED BY THE EARLY SHIPMENT. IT APPEARS THAT SUCH APPLICATION WAS SUBMITTED. WERE ISSUED AS A RESULT OF SUCH REQUEST.

B-108887, APR 15, 1952

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL S.E. BIGNELL, FC, DEPARTMENT OF THE ARMY:

BY FIRST INDORSEMENT OF MARCH 31, 1952, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF MARCH 4, 1952, IN WHICH YOU REQUEST DECISION AS TO THE LEGALITY OF PAYMENT ON A VOUCHER, SUBMITTED THEREWITH, COVERING REIMBURSEMENT OF COST OF SHIPPING 1,440 POUNDS OF THE HOUSEHOLD EFFECTS OF LIEUTENANT COLONEL GORDON F. BRAGG, FROM HIS HOME AT LAFAYETTE, CALIFORNIA, TO FORT BENNING, GEORGIA.

PARAGRAPH 19, SPECIAL ORDERS NO. 245, DECEMBER 21, 1950, THE OFFICE OF THE ADJUTANT GENERAL, CALIFORNIA NATIONAL GUARD, SACRAMENTO, CALIFORNIA, DIRECTED THE OFFICER TO PROCEED FROM HIS HOME TO FORT BENNING FOR A PERIOD OF "ON THE JOB TNG" AT THE INFANTRY SCHOOL AT THE LATTER PLACE BEGINNING JANUARY 8 AND ENDING ON OR ABOUT JUNE 25, 1951, UPON COMPLETION OF WHICH HE WAS TO RETURN TO HIS HOME. HE WAS ORDERED INTO THE ACTIVE MILITARY SERVICE OF THE UNITED STATES AT THE SAID INFANTRY SCHOOL, BY ORDERS OF MAY 8, 1951, ISSUED AT HEADQUARTERS, SIXTH ARMY, PRESIDIO OF SAN FRANCISCO, CALIFORNIA. IT APPEARS THAT THE EFFECTS IN QUESTION WERE SHIPPED FROM LAFAYETTE AT PERSONAL EXPENSE BY VAN CARRIER ON OR ABOUT JANUARY 20, 1951, AT A COST OF $250.96. THE CHIEF OF TRANSPORTATION HAS EXPRESSED THE OPINION THAT THE CLAIM IS PROPERLY PAYABLE FROM PUBLIC FUNDS.

WHILE PARAGRAPH 14A, EXECUTIVE ORDER NO. 10053, APRIL 20, 1949, AND PARAGRAPH 8014-1 OF THE JOINT TRAVEL REGULATIONS, EFFECTIVE APRIL 1, 1951, BOTH PROVIDE THAT SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO RECEIPT OF ORDERS, IT HAS BEEN RECOGNIZED THAT WHERE SHIPMENT OF EFFECTS HAS BEEN MADE COINCIDENTLY WITH THE OFFICIAL REQUEST FOR CHANGE OF STATION ORDERS, AND IT IS SHOWN THAT SUCH ORDERS WERE IN FACT ISSUED AND THAT THE INTERESTS OF THE GOVERNMENT WERE NOT PREJUDICED BY THE EARLY SHIPMENT, THE FACT THAT THE SHIPMENT PRECEDED THE ACTUAL ISSUANCE OF ORDERS NEED NOT BE REGARDED AS OPERATING TO DEFEAT THE RIGHT TO REIMBURSEMENT. COLONEL BRAGG HAS STATED THAT HE SERVED AT THE INFANTRY SCHOOL AT FORT BENNING, AS A STUDENT FROM SEPTEMBER TO DECEMBER 1950, AND THAT HE AGREED TO REMAIN FOR AN ADDITIONAL SIX MONTHS AS AN INSTRUCTOR UPON BEING ASSURED BY THE SCHOOL SECRETARY THAT HIS APPLICATION FOR EXTENDED ACTIVE DUTY BEYOND SUCH SIX MONTHS PERIOD WOULD BE APPROVED BY THE SCHOOL, IF POSSIBLE. IT APPEARS THAT SUCH APPLICATION WAS SUBMITTED, APPROVED AND FORWARDED FOR ACTION DURING THE MONTH OF JANUARY 1951. PRESUMABLY, THE ORDERS OF MAY 8, 1951, WERE ISSUED AS A RESULT OF SUCH REQUEST. THE OFFICER'S EFFECTS WERE MOVED TO FORT BENNING BECAUSE OF HIS DUTY ASSIGNMENT AT THAT PLACE AND SINCE SHIPMENT WAS MADE AT OR NEAR THE TIME OF THE OFFICIAL REQUEST FOR ACTIVE DUTY ORDERS REQUIRING THE PERFORMANCE OF DUTY AT THAT PLACE, AND THERE IS NOTHING TO SHOW THAT THE GOVERNMENT'S INTERESTS WERE PREJUDICED BY SUCH EARLY SHIPMENT, HIS RIGHT TO REIMBURSEMENT OF THE PROPER COSTS OF SUCH SHIPMENT WILL NOT BE QUESTIONED.

ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETURNED HEREWITH, IS AUTHORIZED, IF OTHERWISE CORRECT.