B-128612, AUG. 15, 1956

B-128612: Aug 15, 1956

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WHICH WAS PRIOR TO THE ORDERS OF JUNE 10. BY WHICH YOU WERE DETACHED FROM DUTY ABOARD THE U.S.S. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE SHIPMENT PRECEDED THE ISSUANCE OF YOUR CHANGE OF STATION ORDERS. IN YOUR REQUEST FOR REVIEW YOU SAY THAT THE DISALLOWANCE WAS BASED MERELY ON JOINT TRAVEL REGULATIONS WITHOUT DUE REGARD TO CIRCUMSTANCES. APPEARS TO BE YOUR CONTENTION THAT YOU ARE ENTITLED TO REIMBURSEMENT SINCE YOU HAD RECEIVED ADVANCE VERBAL NOTICE THAT YOU PROBABLY WOULD RECEIVE A PERMANENT CHANGE OF STATION AND SINCE THE CHARGES INVOLVED WERE NOT IN EXCESS OF WHAT THE GOVERNMENT WOULD HAVE PAID HAD YOU SHIPPED YOUR HOUSEHOLD EFFECTS AFTER YOU RECEIVED YOUR ORDERS. THAT SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO THE ISSUANCE OF ORDERS EXCEPT IN CASE OF EMERGENCY.

B-128612, AUG. 15, 1956

TO LIEUTENANT COMMANDER JAMES A. WARREN. USN:

YOUR LETTER OF JUNE 28, 1956, REQUESTS REVIEW OF SETTLEMENT DATED APRIL 19, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED IN THE STORAGE AND DRAYAGE OF YOUR HOUSEHOLD EFFECTS FROM NEWTONVILLE TO DORCHESTER, MASSACHUSETTS, DURING THE PERIOD APRIL 4 TO NOVEMBER 4, 1955.

YOU SHIPPED YOUR HOUSEHOLD EFFECTS BY COMMERCIAL VAN ON APRIL 4, 1955, WHICH WAS PRIOR TO THE ORDERS OF JUNE 10, 1955, BY WHICH YOU WERE DETACHED FROM DUTY ABOARD THE U.S.S. WORCESTER AND ASSIGNED TO DUTY AT THE NAVY AREA PROVISIONS SUPPLY OFFICE, COLUMBIA, SOUTH CAROLINA. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE SHIPMENT PRECEDED THE ISSUANCE OF YOUR CHANGE OF STATION ORDERS.

IN YOUR REQUEST FOR REVIEW YOU SAY THAT THE DISALLOWANCE WAS BASED MERELY ON JOINT TRAVEL REGULATIONS WITHOUT DUE REGARD TO CIRCUMSTANCES. APPEARS TO BE YOUR CONTENTION THAT YOU ARE ENTITLED TO REIMBURSEMENT SINCE YOU HAD RECEIVED ADVANCE VERBAL NOTICE THAT YOU PROBABLY WOULD RECEIVE A PERMANENT CHANGE OF STATION AND SINCE THE CHARGES INVOLVED WERE NOT IN EXCESS OF WHAT THE GOVERNMENT WOULD HAVE PAID HAD YOU SHIPPED YOUR HOUSEHOLD EFFECTS AFTER YOU RECEIVED YOUR ORDERS.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT, UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SUCH AUTHORITY SPECIFICALLY PROVIDE (PARAGRAPH 8014-1), 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. NO SUCH DETERMINATION HAS BEEN FURNISHED IN YOUR CASE. ON THE CONTRARY, THE RECORD SHOWS THAT YOU WERE ADVISED THAT SHIPMENT OF YOUR HOUSEHOLD EFFECTS COULD NOT BE MADE AT GOVERNMENT EXPENSE PRIOR TO RECEIPT OF YOUR ORDERS EVEN THOUGH YOU RECEIVED ADVANCE VERBAL NOTICE OF A PROBABLE CHANGE OF DUTY STATION.

CONCERNING YOUR CONTENTION THAT YOUR CLAIM IS NOT IN EXCESS OF WHAT THE GOVERNMENT WOULD HAVE PAID HAD YOU PROCEEDED IN ACCORDANCE WITH THE REGULATIONS, YOU ARE ADVISED THAT THE JOINT TRAVEL REGULATIONS ARE STATUTORY REGULATIONS AND HAVE THE FORCE AND EFFECT OF LAW. UNDER THE REGULATIONS MEMBERS OF THE UNIFORMED SERVICES MAY NOT SHIP HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE AT WILL, BUT ONLY UNDER CONDITIONS AS PRESCRIBED IN THE REGULATIONS.

SINCE YOU SHIPPED YOUR HOUSEHOLD EFFECTS MORE THAN TWO MONTHS BEFORE YOUR ORDERS WERE ISSUED AND IN THE ABSENCE OF THE EMERGENCY AUTHORIZATION CONTEMPLATED BY THE REGULATIONS, THERE IS NO AUTHORITY OF LAW TO ALLOW YOUR CLAIM FOR REIMBURSEMENT.

ACCORDINGLY, THE SETTLEMENT OF APRIL 19, 1956, WAS CORRECT AND IS SUSTAINED.