B-126612, APR. 2, 1956

B-126612: Apr 2, 1956

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YOU SAY THAT UPON RECEIPT OF A LETTER FROM YOUR FORMER HUSBAND WRITTEN WHILE HE WAS OVERSEAS ADVISING YOU THAT HE DID NOT INTEND TO RETURN. - AND YOU SHIPPED YOUR HOUSEHOLD EFFECTS TO KANSAS CITY WHERE THEY WERE PLACED IN STORAGE. JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY PROVIDE (PARAGRAPH 8150) THAT THE REIMBURSEMENT TO MEMBERS FOR HOUSEHOLD EFFECTS SHIPPED AT THEIR PERSONAL EXPENSE IS NOT ORDINARILY AUTHORIZED. THAT IN CASE AN EMERGENCY OR OTHER COMPELLING REASON EXISTED FOR FAILURE TO HAVE THE SHIPPING OFFICER ARRANGE FOR SHIPMENT OF THE HOUSEHOLD EFFECTS. IT IS REGRETTED THAT YOU WERE LED TO BELIEVE THAT YOU WOULD BE REIMBURSED FOR THE EXPENSES INCURRED INCIDENT TO THE SHIPMENT INVOLVED.

B-126612, APR. 2, 1956

TO MRS. BETTY J. WRAY:

YOUR LETTER OF JANUARY 5, 1956, REQUESTS REVIEW OF SETTLEMENT DATED JULY 22, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPPING HOUSEHOLD EFFECTS FROM ITHACA, NEW YORK, TO KANSAS CITY, MISSOURI, AND SUBSEQUENT STORAGE OF SUCH EFFECTS, INCIDENT TO ORDERS DATED NOVEMBER 21, 1951, ISSUED TO YOUR FORMER HUSBAND, JOHN J. WRAY, IN CONNECTION WITH HIS SERVICE WITH THE UNITED STATES AIR FORCE.

THE ORDERS OF NOVEMBER 21, 1951, DIRECTED YOUR HUSBAND TO PROCEED FROM STEWART AIR FORCE BASE, NEWBURGH, NEW YORK, TO CAMP STONEMAN, CALIFORNIA, FOR FURTHER ASSIGNMENT TO OVERSEAS DUTY. YOU SAY THAT UPON RECEIPT OF A LETTER FROM YOUR FORMER HUSBAND WRITTEN WHILE HE WAS OVERSEAS ADVISING YOU THAT HE DID NOT INTEND TO RETURN, YOU MOVED TO KANSAS CITY--- FOR FINANCIAL REASONS--- AND YOU SHIPPED YOUR HOUSEHOLD EFFECTS TO KANSAS CITY WHERE THEY WERE PLACED IN STORAGE.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS THE SECRETARIES MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR. JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY PROVIDE (PARAGRAPH 8150) THAT THE REIMBURSEMENT TO MEMBERS FOR HOUSEHOLD EFFECTS SHIPPED AT THEIR PERSONAL EXPENSE IS NOT ORDINARILY AUTHORIZED, BUT THAT IN CASE AN EMERGENCY OR OTHER COMPELLING REASON EXISTED FOR FAILURE TO HAVE THE SHIPPING OFFICER ARRANGE FOR SHIPMENT OF THE HOUSEHOLD EFFECTS, THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED MAY RATIFY THE SHIPMENT AND DIRECT REIMBURSEMENT OF TRANSPORTATION CHARGES TO THE MEMBER. NEITHER THE STATUTE NOR THE REGULATIONS MAKE ANY PROVISION FOR REIMBURSING THE DEPENDENT OF A MEMBER FOR COSTS INCURRED INCIDENT TO A SHIPMENT AUTHORIZED BY THE DEPENDENT UNDER CIRCUMSTANCES SUCH AS INVOLVED IN YOUR CASE. IT IS REGRETTED THAT YOU WERE LED TO BELIEVE THAT YOU WOULD BE REIMBURSED FOR THE EXPENSES INCURRED INCIDENT TO THE SHIPMENT INVOLVED. HOWEVER, THERE IS NO AUTHORITY UNDER THE APPLICABLE LAW AND REGULATIONS FOR THE ALLOWANCE OF YOUR CLAIM.