B-128044, AUG. 1, 1956

B-128044, AUG. 1, 1956

TO MASTER SERGEANT EDWIN L. NEIN, USAF:

YOUR LETTER OF APRIL 20, 1956, REQUESTS REVIEW OF OUR SETTLEMENT DATED AUGUST 23, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED IN THE STORAGE AND DRAYAGE OF YOUR HOUSEHOLD EFFECTS DURING THE PERIOD AUGUST 20, 1953, TO MARCH 31, 1954.

BY ORDERS DATED AUGUST 21, 1953, YOU WERE PLACED ON TEMPORARY DUTY AT AN OVERSEAS STATION (FEAF) FOR A PERIOD OF 180 DAYS FOR THE PURPOSE OF ROTATION. TRANSPORTATION OF DEPENDENTS AND TEMPORARY STORAGE AND/OR SHIPMENT OF HOUSEHOLD GOODS WAS NOT AUTHORIZED. THOSE ORDERS WERE AMENDED BY ORDERS DATED OCTOBER 8, 1953, WHICH CHANGED THE "FOR PD OF 180 DAYS" TO READ ,INDETERMINATE" AND ALSO PROVIDED FOR MOVEMENT OF DEPENDENTS AND HOUSEHOLD GOODS AT GOVERNMENT EXPENSE. SUBSEQUENT AMENDMENTS WERE ISSUED TO SHOW THAT THE CHANGES WERE APPROVED BY THE SECRETARY OF THE AIR FORCE AND WERE ISSUED TO CORRECT AN ADMINISTRATIVE ERROR TO SHOW THE ORIGINAL INTENT.

ON AUGUST 20, 1953, YOUR HOUSEHOLD EFFECTS WERE MOVED FROM YOUR RESIDENCE TO COMMERCIAL STORAGE BY THE UNITED MOVING AND STORAGE, INC., COLUMBUS, OHIO, WHERE THEY REMAINED UNTIL MARCH 31, 1954, AT A TOTAL COST TO YOU OF $128.26. YOUR CLAIM FOR REIMBURSEMENT OF THAT AMOUNT WAS DISALLOWED BY SETTLEMENT DATED AUGUST 23, 1955, FOR THE REASON THAT YOUR EFFECTS WERE PLACED IN STORAGE PRIOR TO THE ISSUANCE OF YOUR ORDERS AND WAS NOT AUTHORIZED BY THE JOINT TRAVEL REGULATIONS.

IT APPEARS TO BE YOUR CONTENTION THAT YOUR CLAIM SHOULD BE ALLOWED EVEN THOUGH YOUR GOODS WERE SHIPPED PRIOR TO RECEIPT OF YOUR CHANGE OF STATION ORDERS FOR THE REASON THAT YOU AND OTHER PERSONNEL IN YOUR CATEGORY WERE SELECTED AND NOTIFIED AS EARLY AS JUNE 1953 THAT THEY WERE SLATED FOR ROTATION OVERSEAS IN AUGUST. YOU ALSO SAY THAT IT WAS THE ORIGINAL INTENT OF YOUR HEADQUARTERS THAT THE ORDERS READ "INDETERMINATE" RATHER THAN "FOR PD OF 180 DAYS" SO THAT STORAGE OF HOUSEHOLD EFFECTS AND TRAVEL OF DEPENDENTS WOULD BE AUTHORIZED IN ACCORDANCE WITH THE JOINT TRAVEL REGULATIONS. THIS IS SUPPORTED BY THE FACT THAT THE ORDERS OF DECEMBER 3, 1954, WERE ISSUED TO SHOW THAT AMENDMENTS MADE TO YOUR ORIGINAL ORDERS WERE ISSUED TO CORRECT AN ADMINISTRATIVE ERROR TO SHOW THE ORIGINAL INTENT.

PARAGRAPH 8014-1 OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO ISSUANCE OF ORDERS EXCEPT IN CASE OF EMERGENCY, EXIGENCY OF SERVICE OR WHEN REQUIRED BY SERVICE NECESSITY, AS DETERMINED BY THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED. NO SUCH DETERMINATION HAS BEEN FURNISHED NOR DOES IT APPEAR THAT SUCH DETERMINATION WOULD HAVE BEEN MADE IN YOUR CASE SINCE IT WAS ORIGINALLY ADMINISTRATIVELY DETERMINED--- AS SHOWN BY THE ORDERS OF AUGUST 21, 1953-- - NOT TO AUTHORIZE MOVEMENT OF HOUSEHOLD EFFECTS AND DEPENDENTS.

CONCERNING YOUR CONTENTION THAT THE AMENDMENT TO YOUR ORDERS WAS ISSUED TO CORRECT AN ADMINISTRATIVE ERROR TO SHOW THE ORIGINAL INTENT, IT CONSISTENTLY HAS BEEN HELD THAT EXCEPT TO COMPLETE OR CLARIFY INCOMPLETE OR AMBIGUOUS PROVISIONS, A TRAVEL ORDER MAY BE AMENDED RETROACTIVELY ONLY TO INCLUDE A PROVISION WHICH WAS ORIGINALLY INTENDED TO BE INCLUDED IN THE ORDER BUT WHICH WAS OMITTED THROUGH ERROR OR INADVERTENCE IN PREPARING SUCH ORDER. SEE 24 COMP. GEN. 439. SINCE THE ORDERS OF AUGUST 21, 1953, WERE NOT AMENDED TO SUBSTITUTE "INDETERMINATE" TOUR OF DUTY FOR "PD OF 180 DAYS" UNTIL AFTER PERMISSION WAS OBTAINED FROM HIGHER HEADQUARTERS, IT IS CLEAR THAT THE ORDERS OF AUGUST 21, 1953, WERE CORRECT AND EXPRESSED THE INTENT OF THE ISSUING AUTHORITY AT THE TIME THEY WERE ISSUED. THEREFORE, THE AMENDMENT TO YOUR ORDERS CANNOT SERVE AS A LEGAL BASIS TO CHANGE YOUR RIGHTS AND LIABILITIES AS FIXED UNDER YOUR ORIGINAL ORDERS. MOREOVER, UNDER PARAGRAPH 8006-1 OF THE JOINT TRAVEL REGULATIONS, THE RIGHT TO TEMPORARY STORAGE OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE INCIDENT TO A CHANGE OF STATION ARISES ONLY WHEN THE STORAGE IS IN CONNECTION WITH THE TRANSPORTATION OR SHIPMENT OF SUCH EFFECTS. 32 COMP. GEN. 410; 33 ID. 470. SINCE YOUR HOUSEHOLD EFFECTS WERE PLACED IN STORAGE AND NOT ACTUALLY SHIPPED TO ANY OTHER POINT, IT IS CLEAR THAT NO PART OF THE STORAGE WAS INCIDENT TO TRANSPORTATION OR SHIPMENT OF SUCH EFFECTS.

ACCORDINGLY, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM AND THE SETTLEMENT OF AUGUST 23, 1955, WAS CORRECT AND IS SUSTAINED.