B-116233, NOVEMBER 16, 1953, 33 COMP. GEN. 219

B-116233, NOVEMBER 16, 1953, 33 COMP. GEN. 219

TRANSPORTATION - HOUSEHOLD EFFECTS - MILITARY, NAVAL, ETC., PERSONNEL - DISCHARGE, RESIGNATION, SEPARATION, ETC. THE TERMINATION OF A REGULAR ARMY OFFICER'S TEMPORARY ACTIVE DUTY COMMISSION IN THE ARMY OF THE UNITED STATES CONCURRENTLY AND AS THE RESULT OF THE ACCEPTANCE OF HIS RESIGNATION FROM THE REGULAR ARMY MAY BE CONSIDERED A SEPARATION FROM THE SERVICE BY REASON OF RESIGNATION WITHIN THE PURVIEW OF SECTION 14 (H) OF EXECUTIVE ORDER NO. 10053 SO AS TO PRECLUDE THE TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FROM LAST DUTY STATION TO HOME. 30 COMP. GEN. 90 DISTINGUISHED.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO GEORGE N. SCHUHMANN, NOVEMBER 16, 1953:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 26, 1953, REQUESTING REVIEW OF SETTLEMENT DATED JUNE 18, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED IN SHIPPING HOUSEHOLD EFFECTS FROM FORT KNOX, KENTUCKY TO LOUISVILLE, KENTUCKY, ON MAY 31, 1950.

BY SPECIAL ORDERS NO. 92, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., DATED MAY 11, 1950, YOU WERE RELIEVED FROM DUTY AT FORT KNOX, KENTUCKY, EFFECTIVE JUNE 1, 1950, BY REASON OF THE ACCEPTANCE OF YOUR RESIGNATION OF YOUR COMMISSION AS MAJOR, REGULAR ARMY, AND THE TERMINATION OF YOUR TEMPORARY COMMISSION AS COLONEL, ARMY OF THE UNITED STATES, AS OF THAT DATE. YOUR HOUSEHOLD EFFECTS WEIGHING 6,830 POUNDS WERE PACKED AND SHIPPED BY VAN FROM FORT KNOX, KENTUCKY TO LOUISVILLE, KENTUCKY, ON MAY 31, 1950, AT PERSONAL EXPENSES. YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES SO INCURRED WAS DISALLOWED BY THE SETTLEMENT OF JUNE 18, 1953, FOR THE STATED REASON THAT YOUR RESIGNED FROM THE SERVICE. IN YOUR REQUEST FOR REVIEW YOU CITE DECISION B-96980, DATED AUGUST 25, 1950, 30 COMP. GEN. 90, AS AUTHORITY FOR ALLOWANCE OF YOUR CLAIM.

WHEN YOU MADE THE SHIPMENT, THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MILITARY PERSONNEL AT GOVERNMENT EXPENSE WAS GOVERNED BY REGULATIONS ISSUED IN EXECUTIVE ORDER NO. 10053, DATED APRIL 20, 1949, EFFECTIVE FEBRUARY 1, 1949, PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 205 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 853, 858. PARAGRAPH 14 (H) OF SUCH REGULATIONS PROVIDED THAT SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WAS NOT AUTHORIZED UPON RESIGNATION. SINCE THE ORDERS OF MAY 11, 1950, ANNOUNCING THE ACCEPTANCE OF YOUR RESIGNATION AS MAJOR, REGULAR ARMY, CONCURRENTLY TERMINATED YOUR COMMISSION AS COLONEL, ARMY OF THE UNITED STATES, IT MUST BE CONCLUDED THAT YOUR SEPARATION FROM THE SERVICE WAS BY REASON OF YOUR RESIGNATION. THEREFORE, THERE IS NO AUTHORITY UNDER THE SAID REGULATIONS FOR THE PAYMENT OF YOUR CLAIM.

THE DECISION B-96980 (COPY HEREWITH), REFERRED TO BY YOU, IS NOT FOR APPLICATION IN YOUR CASE. THE OFFICER THERE INVOLVED DID NOT RESIGN. HIS COMMISSION AS A CAPTAIN IN THE REGULAR ARMY WAS TERMINATED UNDER THE PROVISIONS OF SECTION 509 (H) OF THE ACT OF AUGUST 7, 1947, 61 STAT. 896, WHICH PROVIDES THAT IF A DEFERRED OFFICER IS NOT RECOMMENDED FOR PROMOTION BY THE NEXT CONSECUTIVE SELECTION BOARD ON PROMOTIONS HE SHALL "BE ELIMINATED FROM THE ACTIVE LIST OF THE REGULAR ARMY AND RETIRED OR SEPARATED.'