B-116713, SEP. 4, 1956

B-116713: Sep 4, 1956

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WILLIAM BELL: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 2. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF JANUARY 7. UPON REVIEW SUCH ACTION WAS SUSTAINED BY OUR DECISION OF SEPTEMBER 22. FOR THE REASON THAT THE SHIPMENT WAS FROM YOUR HOME OF RECORD TO A SELECTED PLACE. IN YOUR PRESENT LETTER YOU EXPRESS THE BELIEF THAT YOU NOW ARE ENTITLED TO PAYMENT OF YOUR CLAIM UNDER THE RETROACTIVE PROVISIONS OF PUBLIC LAW 368. A MEMBER OF THE UNIFORMED SERVICES WHO (1) IS RETIRED FOR PHYSICAL DISABILITY OR PLACED ON THE TEMPORARY DISABILITY RETIRED LIST. OR (2) IS RETIRED WITH PAY FOR ANY OTHER REASON. OR IS DISCHARGED WITH SEVERANCE PAY. THE RECORD SHOWS THAT YOU WERE TRANSFERRED TO THE FLEET RESERVE ON MAY 8.

B-116713, SEP. 4, 1956

TO MR. WILLIAM BELL:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 2, 1956, RELATIVE TO YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM BROOKLYN, NEW YORK, TO TAMPA, FLORIDA, FOLLOWING YOUR RELEASE FROM ACTIVE DUTY AS AN ENLISTED MAN, FLEET RESERVE.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF JANUARY 7, 1954, AND UPON REVIEW SUCH ACTION WAS SUSTAINED BY OUR DECISION OF SEPTEMBER 22, 1954 (B- 116713), FOR THE REASON THAT THE SHIPMENT WAS FROM YOUR HOME OF RECORD TO A SELECTED PLACE. IN YOUR PRESENT LETTER YOU EXPRESS THE BELIEF THAT YOU NOW ARE ENTITLED TO PAYMENT OF YOUR CLAIM UNDER THE RETROACTIVE PROVISIONS OF PUBLIC LAW 368, 84TH CONGRESS.

THAT LAW (ACT OF AUGUST 11, 1955, 69 STAT. 691), AMENDED SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, TO PROVIDE, EFFECTIVE APRIL 1, 1951, THAT, UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED SERVICES WHO (1) IS RETIRED FOR PHYSICAL DISABILITY OR PLACED ON THE TEMPORARY DISABILITY RETIRED LIST, OR (2) IS RETIRED WITH PAY FOR ANY OTHER REASON, OR IS DISCHARGED WITH SEVERANCE PAY, IMMEDIATELY FOLLOWING AT LEAST EIGHT YEARS OF CONTINUOUS ACTIVE DUTY (NO SINGLE BREAK OF MORE THAN NINETY DAYS), SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS TO A HOME OF HIS SELECTION.

THE RECORD SHOWS THAT YOU WERE TRANSFERRED TO THE FLEET RESERVE ON MAY 8, 1948; RECALLED AND REPORTED FOR ACTIVE DUTY ON SEPTEMBER 20, 1950, AND RELEASED TO INACTIVE DUTY ON SEPTEMBER 18, 1952. IT SEEMS CLEAR THAT THE ACT OF AUGUST 11, 1955, IS NOT APPLICABLE TO YOUR SITUATION SINCE IT DOES NOT PROVIDE ANY BENEFITS FOR MEMBERS OF THE NAVY TRANSFERRED TO THE FLEET RESERVE.