B-121651, DEC 10, 1954

B-121651, DEC 10, 1954

PRECIS-UNAVAILABLE

MR. STANLEY I. RUBENFELD:

REFERENCE IS MADE TO YOUR LETTER OF MAY 12, 1954, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF MARCH 16, 1954, WHICH DISALLOWED YOUR CLAIM FOR $212.64 REPRESENTING THE COST OF DRAYING, STORING, CRATING AND SHIPPING HOUSEHOLD GOODS FROM NEW YORK, NEW YORK, TO NATIONAL CITY, CALIFORNIA, WHILE SERVING AS ENSIGN, UNITED STATES NAVAL RESERVE.

BY ORDERS DATED MAY 1, 1952, YOU WERE ORDERED, UPON ACCEPTANCE OF APPOINTMENT AS ENSIGN, TO ACTIVE DUTY IN TIME TO PROCEED TO SAN DIEGO, CALIFORNIA, AND TO REPORT TO THE COMMANDER, AMPHIBIOUS TRAINING COMMAND, PACIFIC FLEET, ON OR BEFORE JULY 11, 1952, FOR TEMPORARY DUTY, UPON COMPLETION OF WHICH YOU WERE TO REPORT ABOARD THE U.S.C. TORTUGA (LSU 26) FOR DUTY. TRAVEL BY PRIVATELY OWNED CONVEYANCE WAS AUTHORIZED. YOU ACCEPTED YOUR APPOINTMENT AS ENSIGN ON JUNE 5, 1952, AND WERE MARRIED ON JUNE 8, 1952. IT APPEARS THAT THE HOUSEHOLD GOODS IN QUESTION WERE A GIFT TO YOUR WIFE FROM HER FATHER, CHARLES H. ELLNER. ON JULY 7, 1952, A QUANTITY OF THE EFFECTS WAS MOVED FROM THE ELLNER RESIDENCE TO THE HOME OF YOUR WIFE'S COUSIN, CONSTRUCTIVE DELIVERY TO YOUR WIFE OF THE EFFECTS ULTIMATELY DR. JUSTIN N. HAY, NEPOSIT, LONG ISLAND, NEW YORK. ON JULY 15, 1952, AN ADDITIONAL QUANTITY WAS MOVED FROM THE ELLNER RESIDENCE TO YOUR RESIDENCE IN FLUSHING, NEW YORK, AND THE REMAINDER WAS MOVED TO BOSCHER'S MOVING AND STORAGE FOR TRANSSHIPMENT TO NATIONAL CITY. THUS, SHIPPED TO NATIONAL CITY APPARENTLY OCCURRED ON JULY 15, 1952.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, 815, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO PACKING, CRATING, STORAGE AND TRANSPORTATION OF HOUSEHOLD GOODS, OR TO REIMBURSEMENT THEREFOR, UNDER SUCH CONDITIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. JOINT TRAVEL REGULATIONS SETTING FORTH SUCH CONDITIONS SPECIFICALLY PROVIDE (PARAGRAPH 8000-2-10) THAT THE TERM "HOUSEHOLD GOODS" SHALL NOT INCLUDE ARTICLES ACQUIRED AFTER THE EFFECTIVE DATE OF CHANGE OF STATION ORDERS. WHEN NO LEAVE OR DELAY EN ROUTE IS AUTHORIZED IN CHANGE OF STATION ORDERS (INCLUDING THE CHANGE FROM HOME TO FIRST STATION) IT IS CONSIDERED THAT THE EFFECTIVE DATE OF THE ORDERS IS THE DATE ON WHICH TRAVEL IS REQUIRED TO BE COMMENCED. 26 COMP. GEN. 339. SINCE IT IS WELL SETTLED THAT NO RIGHT TO THE SUBJECT OF A GIFT IS ACQUIRED BY THE DONES UNTIL DELIVERY (38 C.J.S. 794) AND SINCE IT SEEMS CLEAR THAT THE EFFECTS HERE INVOLVED WERE NOT DELIVERED TO YOUR WIFE OR TO SOMEONE ON HER BEHALF PRIOR TO THE DATE YOU WERE REQUIRED TO COMMENCE TRAVEL UNDER YOUR ORDERS, THERE IS NO BASIS, ON THE PRESENT RECORD, ON WHICH THEY MAY BE CONSIDERED AS HOUSEHOLD GOODS COVERED BY THE REGULATIONS. SINCE THERE IS NO LEGAL BASIS ON SUCH RECORD FOR THE ALLOWANCE OF YOUR CLAIM, THE SETTLEMENT MUST BE SUSTAINED.