B-121895, JAN 12, 1955

B-121895: Jan 12, 1955

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RETIRED: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 20. YOU WERE DIRECTED TO PROCEED AND REPORT TO THE NAVAL HOSPITAL. YOU WERE TO REPORT AT GREAT LAKES FOR SEPARATION PROCESSING AND UPON COMPLETION PROCEED TO YOUR HOME FOR RELEASE FROM ACTIVE DUTY. THE UNEXECUTED PORTION OF SUCH ORDERS WAS CANCELLED ON OCTOBER 20. YOU WERE DIRECTED TO CONTINUE TREATMENT AT GREAT LAKES. IT IS UNDERSTOOD THAT YOU LATER WERE RETIRED FOR PHYSICAL DISABILITY. IT IS SHOWN THAT YOUR HOME OF RECORD WAS DAYTON. YOUR CLAIM WAS DISALLOWED ON THE GROUND THAT THE REGULATIONS AUTHORIZED SHIPMENT TO YOUR HOME OF RECORD AND SINCE YOUR EFFECTS WERE AT SUCH HOME. SHIPMENT TO COLUMBUS WAS NOT AUTHORIZED AT GOVERNMENT EXPENSE.

B-121895, JAN 12, 1955

PRECIS-UNAVAILABLE

LIEUTENANT COMMANDER JACK SOMMELMAN, USNR, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 20, 1954, REQUESTING REVIEW OF SETTLEMENT DATED SEPTEMBER 15, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING 7,560 POUNDS OF YOUR HOUSEHOLD GOODS FROM DAYTON, OHIO, TO COLUMBUS, OHIO, ON SEPTEMBER 1, 1953.

BY BUREAU OF NAVAL PERSONNEL DISPATCH OF JUNE 29, 1953, AS AMENDED BY DISPATCHES OF JUNE 30 AND AUGUST 31, 1953, QUOTED FOR INFORMATION IN ORDERS ISSUED AT WRIGHT-PATTERSON AIR FORCE BASE, OHIO, UNDER DATE OF SEPTEMBER 8, 1953, YOU WERE DIRECTED TO PROCEED AND REPORT TO THE NAVAL HOSPITAL, GREAT LAKES, ILLINOIS, FOR FURTHER TREATMENT. UPON DISCHARGE FROM TREATMENT, YOU WERE TO REPORT AT GREAT LAKES FOR SEPARATION PROCESSING AND UPON COMPLETION PROCEED TO YOUR HOME FOR RELEASE FROM ACTIVE DUTY. THE UNEXECUTED PORTION OF SUCH ORDERS WAS CANCELLED ON OCTOBER 20, 1953, AND YOU WERE DIRECTED TO CONTINUE TREATMENT AT GREAT LAKES. IT IS UNDERSTOOD THAT YOU LATER WERE RETIRED FOR PHYSICAL DISABILITY. IT IS SHOWN THAT YOUR HOME OF RECORD WAS DAYTON, OHIO.

YOUR CLAIM WAS DISALLOWED ON THE GROUND THAT THE REGULATIONS AUTHORIZED SHIPMENT TO YOUR HOME OF RECORD AND SINCE YOUR EFFECTS WERE AT SUCH HOME, SHIPMENT TO COLUMBUS WAS NOT AUTHORIZED AT GOVERNMENT EXPENSE. WHILE PARAGRAPH 8000-7, JOINT TRAVEL REGULATIONS, AUTHORIZES TRANSPORTATION FROM LAST PERMANENT STATION TO HOME, SUBPARAGRAPH 5A OF SUCH REGULATIONS DEFINES THE HOME AS "THE PLACE CURRENTLY RECORDED AS THE HOME OF THE MEMBER OR THE PLACE AT WHICH THE MEMBER IS LOCATED" WHEN ORDERED TO THE RELEVANT TOUR OF ACTIVE DUTY. SINCE COLUMBUS WAS NOT YOUR HOME OF RECORD, YOU ARE ENTITLED TO REIMBURSEMENT OF THE COST OF SHIPPING YOUR EFFECTS TO COLUMBUS ONLY IF YOU WERE LOCATED AT THAT PLACE WHEN YOU WERE ORDERED TO ACTIVE DUTY. WHILE YOU STATE THAT YOU WERE RESIDING AT COLUMBUS WHEN YOU WERE RECALLED TO ACTIVE DUTY AND THAT YOU HAD NEGLECTED TO NOTIFY THE BUREAU OF NAVAL PERSONNEL WHEN YOU MOVED TO THAT PLACE IN JUNE 1948, A LETTER FROM THE CHIEF OF NAVAL PERSONNEL DATED NOVEMBER 30, 1954, STATES THAT THE RECORDS OF THE BUREAU OF NAVAL PERSONNEL SHOW THAT YOU WERE LOCATED AT DAYTON WHEN YOU WERE ORDERED TO YOUR LAST TOUR OF ACTIVE DUTY AND THAT "THERE IS NO RECORD OF A COLUMBUS, OHIO, ADDRESS BEING REPORTED PRIOR TO REPORTING TO ACTIVE DUTY ON 10 FEBRUARY 1949." YOUR FILE CONTAINS A WESTERN UNION TELEGRAM SENT BY YOU TO THE CHIEF OF NAVAL PERSONNEL FROM DAYTON ON JANUARY 8, 1949, IN WHICH YOU LISTED YOUR ADDRESS AS 204 WROE AVENUE - YOUR HOME OF RECORD IN DAYTON AT THAT TIME. THAT TELEGRAM ALSO INDICATES THAT YOUR RELIEF WAS TAKING OVER YOUR COLLEGE DUTIES ON FEBRUARY 1, 1949, AND THAT YOU WOULD PROCEED TO ACTIVE DUTY ON THE FOLLOWING DAY. YOUR UNSUPPORTED STATEMENT THAT YOU WERE RESIDING AT COLUMBUS WHEN CALLED TO ACTIVE DUTY MAY NOT BE ACCEPTED AS ESTABLISHING SUCH RESIDENCY AT THAT TIME.

ACCORDINGLY, ON THE PRESENT RECORD THE SETTLEMENT OF SEPTEMBER 15, 1954, IS SUSTAINED.