B-123792, JUL. 12, 1955

B-123792: Jul 12, 1955

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KLISH: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 21. IT APPEARS THAT THE SHIPMENT WAS MADE BY RAILWAY EXPRESS AT PERSONAL EXPENSE ON JUNE 29. THAT YOUR RELEASE FROM ACTIVE DUTY AS AN ENLISTED MAN IN THE NAVAL RESERVE WAS NOT ACCOMPLISHED UNTIL JULY 21. STATES THAT SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED "PRIOR TO ISSUANCE OF ORDERS (EXCEPT IN CASE OF EMERGENCY. WHILE YOU STATE THAT YOU KNEW YOU WERE GOING TO BE RELEASED IN A SHORT TIME. THAT SINCE YOU WERE BEING MOVED TO NEW QUARTERS AT YOUR STATION AT ABOUT THE TIME THE SHIPMENT WAS MADE "I GOT PERMISSION TO SEND MY GEAR BACK HOME SEEING THAT I WAS GOING TO BE RELEASED. - THERE IS NO AUTHORITY UNDER THE REGULATIONS FOR THE PAYMENT OF YOUR CLAIM.

B-123792, JUL. 12, 1955

TO MR. JOSEPH J. KLISH:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 21, 1955, RELATIVE TO SETTLEMENT OF FEBRUARY 9, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING 164 POUNDS OF YOUR PERSONAL EFFECTS FROM YOUR LAST STATION AT VIRGINIA BEACH, VIRGINIA, TO YOUR HOME AT HOLYOKE, MASSACHUSETTS.

IT APPEARS THAT THE SHIPMENT WAS MADE BY RAILWAY EXPRESS AT PERSONAL EXPENSE ON JUNE 29, 1954, BUT THAT YOUR RELEASE FROM ACTIVE DUTY AS AN ENLISTED MAN IN THE NAVAL RESERVE WAS NOT ACCOMPLISHED UNTIL JULY 21, 1954.

PARAGRAPH 8014-1, JOINT TRAVEL REGULATIONS, STATES THAT SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED "PRIOR TO 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).' WHILE YOU STATE THAT YOU KNEW YOU WERE GOING TO BE RELEASED IN A SHORT TIME, AND THAT SINCE YOU WERE BEING MOVED TO NEW QUARTERS AT YOUR STATION AT ABOUT THE TIME THE SHIPMENT WAS MADE "I GOT PERMISSION TO SEND MY GEAR BACK HOME SEEING THAT I WAS GOING TO BE RELEASED," IT DOES NOT APPEAR THAT AN EMERGENCY EXISTED AT THAT TIME WHICH NECESSITATED SHIPMENT OF YOUR EFFECTS. SINCE VERBAL PERMISSION TO SHIP SUCH EFFECTS DID NOT CONSTITUTE A DETERMINATION BY APPROPRIATE AUTHORITY THAT SERVICE NECESSITY REQUIRED SUCH SHIPMENT--- THE FACTS INVOLVED NEGATIVE ANY SERVICE NECESSITY--- THERE IS NO AUTHORITY UNDER THE REGULATIONS FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 9, 1955, IS SUSTAINED.

THE COPY OF YOUR ORDERS OF JULY 21, 1954, AND YOUR SHIPPER'S RECEIPT MAY NOT BE RETURNED TO YOU SINCE THEY WERE SUBMITTED AS EVIDENCE IN THE CASE AND HAVE NOW BECOME PART OF THE PERMANENT CLAIM RECORDS OF THIS OFFICE.