B-121873, FEB 9, 1955

B-121873: Feb 9, 1955

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USN: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 19. YOU WERE DISCHARGED AT BROOKLYN. THAT YOUR HOME OF RECORD WAS ROUTE 1. 620 POUNDS WERE SHIPPED FROM BAYONNE. YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES SO INCURRED WAS DISALLOWED BECAUSE THE REGULATIONS IN EFFECT WHEN YOUR GOODS WERE SHIPPED DID NOT AUTHORIZE SUCH SHIPMENTS AT GOVERNMENT EXPENSE FOR MEMBERS OF THE REGULAR NAVY UPON DISCHARGE. PROVIDED SUCH TRANSPORTATION WAS AUTHORIZED PRIOR TO JUNE 13. THE STATUTE WAS INTENDED TO APPLY ONLY TO SUCH PERSONNEL. AS YOU WERE ADVISED IN THE SETTLEMENT OF SEPTEMBER 17. THE REGULATIONS OF THE NAVY DEPARTMENT IN EFFECT AT THE TIME YOUR EFFECTS WERE SHIPPED SPECIFICALLY PROVIDED THAT TRANSPORTATION OF HOUSEHOLD EFFECTS WAS NOT AUTHORIZED FOR MEMBERS OF THE REGULAR NAVY UPON DISCHARGE.

B-121873, FEB 9, 1955

PRECIS-UNAVAILABLE

JAMES L. BYRD, ICC, USN:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 19, 1954, REQUESTING REVIEW OF SETTLEMENT DATED SEPTEMBER 17, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM BAYONNE, NEW JERSEY, TO PORT WENTWORTH, GEORGIA, ON FEBRUARY 10, 1947.

THE RECORD SHOWS THAT PURSUANT TO ORDERS DATED FEBRUARY 8, 1947, YOU WERE DISCHARGED AT BROOKLYN, NEW YORK, ON APRIL 8, 1947, AS CHIEF ELECTRICIAN'S MATE, UNITED STATES NAVY, AND THAT YOUR HOME OF RECORD WAS ROUTE 1, RIDGELAND, SOUTH CAROLINA. YOUR HOUSEHOLD EFFECTS WEIGHING 1,620 POUNDS WERE SHIPPED FROM BAYONNE, NEW JERSEY, TO PORT WENTWORTH, GEORGIA, ON FEBRUARY 10, 1947, AT PERSONAL EXPENSE OF $116.79. YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES SO INCURRED WAS DISALLOWED BECAUSE THE REGULATIONS IN EFFECT WHEN YOUR GOODS WERE SHIPPED DID NOT AUTHORIZE SUCH SHIPMENTS AT GOVERNMENT EXPENSE FOR MEMBERS OF THE REGULAR NAVY UPON DISCHARGE.

AS A BASIS FOR THE ALLOWANCE OF YOUR CLAIM YOU CITE PUBLIC LAW 40 83D CONGRESS, APPROVED MAY 27, 1953, 67 STAT. 38. THAT ACT AUTHORIZED PAYMENT FOR TRANSPORTATION OF THE HOUSEHOLD EFFECTS OF CERTAIN MEMBERS OF THE NAVAL FORCES, UPON RELEASE FROM ACTIVE DUTY, FROM THEIR HOMES OF RECORD TO PLACES SELECTED BY THEM, PROVIDED SUCH TRANSPORTATION WAS AUTHORIZED PRIOR TO JUNE 13, 1947, PURSUANT TO DUTY PROMULGATED REGULATIONS OF THE NAVY DEPARTMENT. THE REGULATIONS REFERRED TO IN THE ACT APPLIED ONLY TO MEMBERS OF THE NAVAL RESERVE CALLED TO ACTIVE DUTY, AND TO CERTAIN RETIRED PERSONNEL RECALLED TO ACTIVE DUTY, AND THE STATUTE WAS INTENDED TO APPLY ONLY TO SUCH PERSONNEL. SENATE REPORT NO. 162 ON S.1547, WHICH BECAME PUBLIC LAW 40; 26 COMP. GEN. 925, 926. AS YOU WERE ADVISED IN THE SETTLEMENT OF SEPTEMBER 17, 1954, THE REGULATIONS OF THE NAVY DEPARTMENT IN EFFECT AT THE TIME YOUR EFFECTS WERE SHIPPED SPECIFICALLY PROVIDED THAT TRANSPORTATION OF HOUSEHOLD EFFECTS WAS NOT AUTHORIZED FOR MEMBERS OF THE REGULAR NAVY UPON DISCHARGE, AND THERE WAS NO STATUTORY AUTHORITY FOR SUCH TRANSPORTATION AT GOVERNMENT EXPENSE. 23 COMP. GEN. 73; COMPARE 25 COMP. GEN. 887. ALSO, PUBLIC LAW 40 AUTHORIZED PAYMENT OF EXPENSES ONLY FOR SHIPMENTS WHICH HAD BEEN MADE FROM THE HOME OF RECORD TO A PLACE SELECTED UPON RELEASE FROM ACTIVE DUTY. YOUR EFFECTS WERE NOT SHIPPED FROM YOUR HOME OF RECORD BUT FROM BAYONNE, NEW JERSEY, AND THE SHIPMENT WAS MADE INCIDENT TO YOUR DISCHARGE FROM THE REGULAR NAVY. THEREFORE, THE PROVISIONS OF PUBLIC LAW 40 DO NOT APPLY TO YOUR CASE.

ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 17, 1954, IS SUSTAINED.

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