B-119277, JUN 10, 1954

B-119277: Jun 10, 1954

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LUKENS: REFERENCE IS MADE TO YOUR LETTERS OF FEBRUARY 8. WAS PHILADELPHIA. YOU WERE TRANSFERRED TO THE U. YOU WERE RELEASED FROM ACTIVE DUTY AT QUONSET POINT. 460 POUNDS WERE SHIPPED BY VAN FROM NORTH EASTON. YOU STATE THAT THE EFFECTS WERE SHIPPED ON MARCH 17. 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. THE FACT THAT THE HOUSE IN WHICH YOU RESIDED WAS SOLD WOULD NOT APPEAR TO BE AN "EMERGENCY" WITHIN THE CONTEMPLATION OF THE REGULATIONS NOR HAS IT BEEN DETERMINED TO BE SUCH BY APPROPRIATE AUTHORITY OF THE DEPARTMENT OF THE NAVY.

B-119277, JUN 10, 1954

PRECIS-UNAVAILABLE

CURTIS H. LUKENS:

REFERENCE IS MADE TO YOUR LETTERS OF FEBRUARY 8, APRIL 8, AND MAY 6, 1954, AND ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 18, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM NORTH EASTON, MASSACHUSETTS, TO SELLERSVILLE, PENNSYLVANIA, ON MARCH 17, 1953.

IT APPEARS THAT YOU FIRST ENLISTED IN THE NAVY AT PHILADELPHIA, PENNSYLVANIA, ON FEBRUARY 2, 1931; THAT YOUR HOME ADDRESS AT THE TIME OF YOUR REENLISTMENT ON APRIL 27, 1950, WAS PHILADELPHIA, PENNSYLVANIA; THAT ON MAY 2, 1952, YOU WERE TRANSFERRED TO THE U. S. NAVAL FLEET RESERVE AT NEWPORT, RHODE ISLAND, AND RETAINED ON ACTIVE DUTY; AND THAT BY ORDERS DATED MAY 29, 1953, YOU WERE RELEASED FROM ACTIVE DUTY AT QUONSET POINT, RHODE ISLAND, EFFECTIVE MAY 30, 1953, IT BEING SHOWN THAT YOUR PERMANENT HOME ADDRESS AFTER RELEASE FROM ACTIVE DUTY WOULD BE SELLERSVILLE, PENNSYLVANIA. YOUR HOUSEHOLD EFFECTS WEIGHING 4,460 POUNDS WERE SHIPPED BY VAN FROM NORTH EASTON, MASSACHUSETTS, TO SELLERSVILLE, PENNSYLVANIA, ON MARCH 17, 1953, AT PERSONAL EXPENSE OF $193.24, FOR WHICH YOU NOW CLAIM REIMBURSEMENT. YOU STATE THAT THE EFFECTS WERE SHIPPED ON MARCH 17, 1953, PRIOR TO YOUR RELEASE FROM ACTIVE DUTY BY ORDERS DATED MAY 29, 1953, BECAUSE OF THE SALE OF THE HOUSE IN WHICH YOU RESIDED.

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. THE FACT THAT THE HOUSE IN WHICH YOU RESIDED WAS SOLD WOULD NOT APPEAR TO BE AN "EMERGENCY" WITHIN THE CONTEMPLATION OF THE REGULATIONS NOR HAS IT BEEN DETERMINED TO BE SUCH BY APPROPRIATE AUTHORITY OF THE DEPARTMENT OF THE NAVY. IN THESE CIRCUMSTANCES, IT MUST BE HELD THAT NO RIGHT TO REIMBURSEMENT IS ESTABLISHED UNDER THE APPLICABLE LAW AND REGULATIONS.

ACCORDINGLY, FOR THE REASONS STATED HEREIN THE ACTION TAKEN IN THE SETTLEMENT OF JANUARY 18, 1954, IS SUSTAINED.