B-113974, APR 13, 1953

B-113974: Apr 13, 1953

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USNR: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 11. YOU WERE DETACHED FROM DUTY ABOARD THE USS GRAFFIAS (AF-29). YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE SHIPMENT WAS MADE PRIOR TO ISSUANCE OF YOUR ORDERS AND WAS NOT SUPPORTED BY A CERTIFICATE FROM THE APPROPRIATE AUTHORITY CONCERNED SHOWING THE NECESSITY FOR SUCH EARLY SHIPMENT. IN YOUR PRESENT LETTER YOU STATE THAT YOU WERE ORDERED TO ACTIVE DUTY IN NOVEMBER 1950. YOUR WIFE AND HOUSEHOLD EFFECTS WERE MOVED FROM RICHMOND. YOU ALSO STATE THAT HAD YOU KNOWN ORDERS FOR YOUR RELEASE WERE FORTHCOMING YOU WOULD HAVE DELAYED SHIPMENT AND THAT SINCE THE DATE OF YOUR RELEASE WAS UNCERTAIN. YOU BELIEVE THE SHIPMENT WAS MADE AS A MATTER OF SERVICE NECESSITY.

B-113974, APR 13, 1953

PRECIS-UNAVAILABLE

LIEUTENANT (JG) CARNEGIE B. HAMERSLY, JR., USNR:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 11, 1952 (1953), REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 30, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF PACKING, HAULING, AND SHIPPING YOUR HOUSEHOLD EFFECTS FROM BERKELEY, CALIFORNIA, TO RICHMOND, VIRGINIA, ON MAY 21, 1952, WHILE SERVING AS LIEUTENANT (JG) USNR.

BY ORDERS DATED JUNE 6, 1952, YOU WERE DETACHED FROM DUTY ABOARD THE USS GRAFFIAS (AF-29), AND RELEASED FROM ACTIVE DUTY AT SAN FRANCISCO, CALIFORNIA, EFFECTIVE JUNE 20, 1952. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE SHIPMENT WAS MADE PRIOR TO ISSUANCE OF YOUR ORDERS AND WAS NOT SUPPORTED BY A CERTIFICATE FROM THE APPROPRIATE AUTHORITY CONCERNED SHOWING THE NECESSITY FOR SUCH EARLY SHIPMENT. IN YOUR PRESENT LETTER YOU STATE THAT YOU WERE ORDERED TO ACTIVE DUTY IN NOVEMBER 1950, AND ASSIGNED TO DUTY ABOARD THE USS GRAFFIAS OVERSEAS; THAT IN JANUARY 1952, THE VESSEL RETURNED TO SAN FRANCISCO, CALIFORNIA, AND YOUR WIFE AND HOUSEHOLD EFFECTS WERE MOVED FROM RICHMOND, VIRGINIA, TO SAN FRANCISCO AT GOVERNMENT EXPENSE; AND THAT DUE TO THE DEPARTURE OF THE VESSEL IN MAY, 1952, YOU GAVE UP YOUR APRTMENT AND SHIPPED YOUR EFFECTS TO RICHMOND, VIRGINIA. YOU ALSO STATE THAT HAD YOU KNOWN ORDERS FOR YOUR RELEASE WERE FORTHCOMING YOU WOULD HAVE DELAYED SHIPMENT AND THAT SINCE THE DATE OF YOUR RELEASE WAS UNCERTAIN, YOU BELIEVE THE SHIPMENT WAS MADE AS A MATTER OF SERVICE NECESSITY.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS THE SECRETARIES MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR. JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY PROVIDE (PARAGRAPH 8014 1) THAT SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO 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 SERVICE CONCERNED." NO SUCH DETERMINATION BY AN APPROPRIATE OFFICIAL OF THE DEPARTMENT OF THE NAVY THAT THE SHIPMENT OF YOUR EFFECTS FROM YOUR STATION TO YOUR HOME PRIOR TO THE ISSUANCE OF ORDERS DIRECTING YOUR RELEASE FROM ACTIVE DUTY HAS BEEN SUBMITTED. ON THE CONTRARY THE RECORD SHOWS THAT IN FORWARDING THE CLAIM TO THIS OFFICE FOR SETTLEMENT THE DEPARTMENT OF THE NAVY STATED THAT "IT IS CONSIDERED THAT SHIPMENT WAS MADE PRIOR TO ISSUANCE OF ORDERS FOR HIS (YOUR) OWN CONVENIENCE."

ACCORDINGLY, THE SETTLEMENT OF JANUARY 30, 1953, WAS CORRECT AND IS SUSTAINED.