B-120230, JUL 20, 1954

B-120230: Jul 20, 1954

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PASKE: REFERENCE IS MADE TO YOUR LETTER OF MAY 3. YOU WERE RELEASED FROM ASSIGNMENT AND DUTY AT TRAVIS AIR FORCE BASE. YOUR CLAIM FOR REIMBURSEMENT OF THE COST INCURRED WAS DISALLOWED FOR THE REASON THAT THE SHIPMENT PRECEDED THE ORDERS. YOU APPLIED FOR EMERGENCY LEAVE IN ORDER TO SHIP YOUR HOUSEHOLD GOODS TO HOPKINSVILLE AT THE EARLIEST POSSIBLE DATE INASMUCH AS YOUR WIFE AND STEPDAUGHTER WERE ILL. THAT EMERGENCY LEAVE ORDERS WERE ISSUED ON OR ABOUT JULY 24. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT THERETO SPECIFICALLY PROVIDE (PARAGRAPH 8014-1) THAT SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO THE ISSUANCE OF ORDERS EXCEPT IN CASE OF EMERGENCY. ADVISED YOU THAT IT HAD BEEN UNABLE TO DETERMINE THAT YOU WERE IN RECEIPT OF COMPETENT ORDERS AUTHORIZING TRANSPORTATION OF YOUR HOUSEHOLD GOODS ON OR PRIOR TO THE DATE OF SHIPMENT.

B-120230, JUL 20, 1954

PRECIS-UNAVAILABLE

MR. JAMES J. PASKE:

REFERENCE IS MADE TO YOUR LETTER OF MAY 3, 1954, REQUESTING REVIEW OF THE SETTLEMENT OF APRIL 29, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM VALLEJO, CALIFORNIA, TO HOPKINSVILLE, KENTUCKY, WHILE SERVING AS TECHNICAL SERGEANT, UNITED STATES AIR FORCE.

YOU SHIPPED YOUR HOUSEHOLD EFFECTS BY COMMERCIAL VAN ON JULY 22, 1953, AT A PERSONAL EXPENSE OF $661.73. SUBSEQUENTLY, BY PARAGRAPH 10, SPECIAL ORDERS NO. 180, DATED AUGUST 10, 1953, YOU WERE RELEASED FROM ASSIGNMENT AND DUTY AT TRAVIS AIR FORCE BASE, CALIFORNIA, AND DIRECTED TO PROCEED TO CAMP KILMER, NEW JERSEY, REPORTING THERE NOT LATER THAN SEPTEMBER 16, 1953, FOR FURTHER ASSIGNMENT TO AN OVERSEAS STATION. YOUR CLAIM FOR REIMBURSEMENT OF THE COST INCURRED WAS DISALLOWED FOR THE REASON THAT THE SHIPMENT PRECEDED THE ORDERS. IN YOUR REQUEST FOR REVIEW YOU STATE THAT ON OR ABOUT JULY 18, 1953, YOU APPLIED FOR EMERGENCY LEAVE IN ORDER TO SHIP YOUR HOUSEHOLD GOODS TO HOPKINSVILLE AT THE EARLIEST POSSIBLE DATE INASMUCH AS YOUR WIFE AND STEPDAUGHTER WERE ILL; THAT EMERGENCY LEAVE ORDERS WERE ISSUED ON OR ABOUT JULY 24, 1953, AND THAT YOU PREVIOUSLY FURNISHED SUCH ORDERS TO THIS OFFICE.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT THERETO SPECIFICALLY PROVIDE (PARAGRAPH 8014-1) THAT SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO THE 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. NO SUCH DETERMINATION HAS BEEN FURNISHED IN YOUR CASE. ON THE CONTRARY, THE RECORD SHOWS THAT BY LETTER OF DECEMBER 4, 1953, THE ADJUDICATIONS BRANCH, AIR FORCE FINANCE CENTER, DENVER, COLORADO, ADVISED YOU THAT IT HAD BEEN UNABLE TO DETERMINE THAT YOU WERE IN RECEIPT OF COMPETENT ORDERS AUTHORIZING TRANSPORTATION OF YOUR HOUSEHOLD GOODS ON OR PRIOR TO THE DATE OF SHIPMENT. IT DOES NOT APPEAR THAT YOUR LEAVE ORDERS IF FURNISHED (THEY ARE NOT OF RECORD) WOULD FORM ANY BASIS FOR THE ALLOWANCE OF YOUR CLAIM, SINCE SUCH ORDERS OF THEMSELVES WOULD IN NO EVENT ENTITLE YOU TO TRANSPORTATION OF HOUSEHOLD EFFECTS AT PUBLIC EXPENSE.

ACCORDINGLY, THE SETTLEMENT OF APRIL 29, 1954, MUST BE SUSTAINED.