B-114287, APR 2, 1953

B-114287: Apr 2, 1953

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FRASER: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 16. YOU WERE DETACHED FROM DUTY AT SALT LAKE CITY. 570 POUNDS WERE SHIPPED BY VAN FROM SALT LAKE CITY. REGULATIONS ISSUED PURSUANT THERETO ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 8014(1) OF WHICH PROVIDES THAT SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO ISSUANCE OF ORDERS EXCEPT IN CASE OF EMERGENCY. THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. IS SUSTAINED.

B-114287, APR 2, 1953

PRECIS-UNAVAILABLE

MR. KEITH M. FRASER:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 16, 1953, REQUESTING REVIEW OF SETTLEMENT DATED OCTOBER 2, 1952, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM SALT LAKE CITY, UTAH, TO CEDAR CITY, UTAH, ON APRIL 14, 1952.

BY ORDERS DATED MAY 20, 1952, YOU WERE DETACHED FROM DUTY AT SALT LAKE CITY, UTAH, DIRECTED TO PROCEED TO YOUR HOME, CEDAR CITY, UTAH, AND TO REGARD YOURSELF RELEASED FROM ACTIVE DUTY ON MAY 21, 1952, AS HOSPITAL CORPSMAN, FIRST CLASS, UNITED STATES NAVAL RESERVE. IT APPEARS THAT YOUR HOUSEHOLD EFFECTS WEIGHING 4,570 POUNDS WERE SHIPPED BY VAN FROM SALT LAKE CITY, UTAH, TO CEDAR CITY, UTAH, ON APRIL 14, 1952, AT PERSONAL EXPENSE OF $186.26, WHICH AMOUNT YOU NOW CLAIM.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. REGULATIONS ISSUED PURSUANT THERETO ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS, PARAGRAPH 8014(1) OF WHICH PROVIDES THAT SHIPMENT OF HOUSEHOLD EFFECTS 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. THERE HAS BEEN NO DETERMINATION BY APPROPRIATE AUTHORITY OF THE NAVY THAT THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS ON APRIL 14, 1952, PRIOR TO THE ISSUANCE OF ORDERS OF MAY 20, 1952, RELEASING YOU TO INACTIVE DUTY BECAME NECESSARY BECAUSE OF CONDITIONS AS OUTLINED IN SAID PARAGRAPH 8014(1), JOINT TRAVEL REGULATIONS. IN THE ABSENCE OF SUCH DETERMINATION IN YOUR CASE, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF OCTOBER 2, 1952, IS SUSTAINED.