B-122453, APR 6, 1955

B-122453: Apr 6, 1955

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USN: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 24. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE SHIPMENT WAS MADE PRIOR TO ORDERS DATED SEPTEMBER 24. THE TRANSPORTATION OF HOUSEHOLD AND PERSONAL EFFECTS OF MEMBERS OF THE ARMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED BY THE SECRETARIES PURSUANT TO SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949. PARAGRAPH 8014 OF THE REGULATIONS PROVIDES THAT SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO THE ISSUANCE OF ORDERS EXCEPT IN CASE OF EMERGENCY. THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. IS SUSTAINED.

B-122453, APR 6, 1955

PRECIS-UNAVAILABLE

HERMAN HAUPTMAN, YMC, USN:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 24, 1954, REQUESTING REVIEW OF THE SETTLEMENT OF NOVEMBER 10, 1954, WHICH DISALLOWED YOUR CLAIM FOR $10.30, REPRESENTING THE COST OF SHIPPING 150 POUNDS OF PERSONAL EFFECTS BY EXPRESS FROM NORFOLK, VIRGINIA, TO BELLMORE, LONG ISLAND, NEW YORK, ON SEPTEMBER 21, 1953.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE SHIPMENT WAS MADE PRIOR TO ORDERS DATED SEPTEMBER 24, 1953, TRANSFERRING YOU FROM NAVAL BASE, NORFOLK, VIRGINIA, TO COMMANDER MILITARY SEA TRANSPORTATION SERVICE, BROOKLYN, NEW YORK, FOR FURTHER ASSIGNMENT. IN YOUR REQUEST FOR REVIEW YOU STATE THAT YOU HAD BEEN UNOFFICIALLY INFORMED THAT YOUR ORDERS HAD BEEN WRITTEN AND WOULD BE ISSUED.

THE TRANSPORTATION OF HOUSEHOLD AND PERSONAL EFFECTS OF MEMBERS OF THE ARMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED BY THE SECRETARIES PURSUANT TO SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. PARAGRAPH 8014 OF THE REGULATIONS PROVIDES 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." SINCE THE RECORD CONTAINS NO EVIDENCE OF SUCH DETERMINATION, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 10, 1954, IS SUSTAINED.