B-117988, MAY 27, 1954

B-117988: May 27, 1954

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LANDIS: REFERENCE IS MADE TO LETTER DATED NOVEMBER 11. WHILE YOU WERE SERVING AS CAPTAIN. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE SHIPMENT WAS MADE PRIOR TO ORDERS DATED OCTOBER 21. IN YOUR FATHER'S LETTER IT IS CONTENDED THAT DUE TO THE CONDITION OF YOUR WIFE'S HEALTH IT WAS NECESSARY THAT SHE AND YOUR HOUSEHOLD EFFECTS BE MOVED TO YOUR HOME PRIOR TO THE ISSUANCE OF ORDERS RELEASING YOU FROM ACTIVE DUTY. JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY PROVIDE (PARAGRAPH 8014 1) THAT HOUSEHOLD GOODS MAY NOT BE SHIPPED AT GOVERNMENT EXPENSE PRIOR TO ISSUANCE OF ORDERS EXCEPT UPON A DETERMINATION BY THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED THAT SHIPMENT IN ADVANCE OF ORDERS IS NECESSARY BECAUSE OF EMERGENCY.

B-117988, MAY 27, 1954

PRECIS-UNAVAILABLE

MR. RICHARD M. LANDIS:

REFERENCE IS MADE TO LETTER DATED NOVEMBER 11, 1953, WRITTEN IN YOUR BEHALF BY YOUR FATHER, CONCERNING SETTLEMENT DATED NOVEMBER 4, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF PACKING AND SHIPPING YOUR HOUSEHOLD EFFECTS WEIGHING 960 POUNDS FROM COCOA BEACH, FLORIDA, TO LANCASTER, PENNSYLVANIA, ON AUGUST 29, 1952, WHILE YOU WERE SERVING AS CAPTAIN, UNITED STATES AIR FORCE RESERVE.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE SHIPMENT WAS MADE PRIOR TO ORDERS DATED OCTOBER 21, 1952, ISSUED AT PATRICK AIR FORCE BASE, FLORIDA, DIRECTING YOU TO PROCEED TO YOUR HOME, LANCASTER, PENNSYLVANIA, FOR RELEASE FROM ACTIVE DUTY. IN YOUR FATHER'S LETTER IT IS CONTENDED THAT DUE TO THE CONDITION OF YOUR WIFE'S HEALTH IT WAS NECESSARY THAT SHE AND YOUR HOUSEHOLD EFFECTS BE MOVED TO YOUR HOME PRIOR TO THE ISSUANCE OF ORDERS RELEASING YOU FROM ACTIVE DUTY, AND THAT ON SUCH BASIS YOUR CLAIM SHOULD BE ALLOWED.

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 HOUSEHOLD GOODS MAY NOT BE SHIPPED AT GOVERNMENT EXPENSE PRIOR TO ISSUANCE OF ORDERS EXCEPT UPON A DETERMINATION BY THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED THAT SHIPMENT IN ADVANCE OF ORDERS IS NECESSARY BECAUSE OF EMERGENCY, EXIGENCY OF THE SERVICE, OR SERVICE NECESSITY. NO SUCH DETERMINATION WAS MADE CONCERNING THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM YOUR STATION TO YOUR HOUSE PRIOR TO THE ISSUANCE OF ORDERS DIRECTING YOUR RELEASE FROM ACTIVE DUTY.

IN THAT CONNECTION, HEADQUARTERS 6550TH AIR BASE WING, PATRICK AIR FORCE BASE, FLORIDA, BY 3RD INDORSEMENT, DATED DECEMBER 9, 1952, REPORTED AS FOLLOWS:

"1. REFERENCE SUBJECT CLAIM FOR REIMBURSEMENT FOR MOVEMENT OF HOUSEHOLD GOODS OF CAPTAIN RICHARD M. LANDIS, 2ND LT JON GANGER OF COMMERCIAL TRANSPORTATION SECTION THIS BASE HANDLED ORIGINAL REQUEST FOR INFORMATION REGARDING MOVEMENT OF HOUSEHOLD GOODS PRIOR TO ISSUANCE OF ORDERS AND INFORMED CAPTAIN LANDIS OF NECESSARY ARRANGEMENTS TO BE MADE IN ACCORDANCE WITH PAR 8014, ITEM 1, AS AMENDED BY MEMO 2-1, DATED 1 OCTOBER 1942, AND PAR 4 A, OF TRANSPORTATION BRIEF NO. 8, DATED 29 APRIL 1952.

"2. RECORDS OF THIS OFFICE DO NOT INDICATE THAT CAPTAIN LANDIS CONTACTED THIS OFFICE AGAIN IN REGARDS TO MOVEMENT OF HOUSEHOLD GOODS AFTER FIRST INTERVIEW."

THE SAME HEADQUARTERS REPORTED BY 9TH INDORSEMENT DATED FEBRUARY 2, 1953, AS FOLLOWS:

"CAPTAIN RICHARD M. LANDIS, AO 1907034, USAF (MC), WHO WAS SERVING A TWO (2) YEAR COMMITMENT, RECEIVED FINAL APPROVAL FOR RELEASE FROM HEADQUARTERS, USAF, ON 10 SEPTEMBER 1852. HIS HOUSEHOLD GOODS WERE SHIPPED ON 29 AUGUST 1952, PRIOR TO THIS APPROVAL FROM HEADQUARTERS, USAF."

IT THUS APPEARS THAT YOU DECIDED TO SHIP THE EFFECTS AT YOUR OWN EXPENSE WITHOUT ATTEMPTING TO OBTAIN THE EMERGENCY AUTHORIZATION CONTEMPLATED BY THE REGULATIONS AND THAT YOU SHIPPED THE EFFECTS EVEN BEFORE YOU HAD RECEIVED ANY NOTICE OF APPROVAL BY HEADQUARTERS, UNITED STATES AIR FORCE, FOR YOUR RELEASE FROM ACTIVE DUTY. IN THESE CIRCUMSTANCES, IT MUST BE HELD THAT NO RIGHT TO REIMBURSEMENT IS ESTABLISHED UNDER THE APPLICABLE LAW AND REGULATIONS.

ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 4, 1953, IS SUSTAINED. THE ENCLOSURE WITH YOUR FATHER'S LETTER IS RETURNED HEREWITH AS REQUESTED.