B-129142, OCT. 5, 1956

B-129142: Oct 5, 1956

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ELDA SWANSON: REFERENCE IS MADE TO YOUR LETTER OF JULY 25. SINCE YOUR CLAIM WAS THE SUBJECT OF OUR SETTLEMENT OF JUNE 1. YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT. YOUR HUSBAND WAS ASSIGNED TO CAMP STONEMAN. WAS OFFICIALLY REPORTED AS MISSING IN ACTION ON DECEMBER 27. HIS DEATH IS PRESUMED TO HAVE OCCURRED ON DECEMBER 28. WERE PACKED AND HAULED FROM A RESIDENCE IN BOISE. THE EFFECTS THEN WERE SHIPPED TO A RESIDENCE IN POCATELLO. 180 POUNDS OF HOUSEHOLD EFFECTS WERE PACKED AND HAULED TO COMMERCIAL STORAGE IN POCATELLO WHERE THEY REMAINED UNTIL JANUARY 14. 560 POUNDS OF HOUSEHOLD EFFECTS WERE SHIPPED FROM OGDEN. 180 POUNDS OF HOUSEHOLD EFFECTS WERE SHIPPED FROM THE LATTER CITY TO SPOKANE.

B-129142, OCT. 5, 1956

TO MRS. ELDA SWANSON:

REFERENCE IS MADE TO YOUR LETTER OF JULY 25, 1956, WITH ENCLOSURE, ADDRESSED TO THE DEPARTMENT OF THE AIR FORCE, RELATIVE TO YOUR CLAIM AS WIDOW OF ERNEST C. SWANSON, CAPTAIN, UNITED STATES AIR FORCE RESERVE, FOR REIMBURSEMENT FOR THE COST OF PACKING, HAULING, AND STORAGE OF HOUSEHOLD EFFECTS. SINCE YOUR CLAIM WAS THE SUBJECT OF OUR SETTLEMENT OF JUNE 1, 1956, YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

BY ORDERS DATED MAY 22, 1952, WASHINGTON, D.C., YOUR HUSBAND WAS ASSIGNED TO CAMP STONEMAN, CALIFORNIA, FOR FURTHER ASSIGNMENT TO DUTY OVERSEAS. WAS OFFICIALLY REPORTED AS MISSING IN ACTION ON DECEMBER 27, 1952, AND, FOR PAY AND ALLOWANCE PURPOSES, HIS DEATH IS PRESUMED TO HAVE OCCURRED ON DECEMBER 28, 1953. ON JUNE 4, 1952, HIS HOUSEHOLD EFFECTS, WEIGHING 2,700 POUNDS, WERE PACKED AND HAULED FROM A RESIDENCE IN BOISE, IDAHO, TO COMMERCIAL STORAGE IN THE SAME CITY WHERE THEY REMAINED FOR ONE MONTH. THE EFFECTS THEN WERE SHIPPED TO A RESIDENCE IN POCATELLO, IDAHO, AT GOVERNMENT EXPENSE. ON JULY 10, 1953, 2,180 POUNDS OF HOUSEHOLD EFFECTS WERE PACKED AND HAULED TO COMMERCIAL STORAGE IN POCATELLO WHERE THEY REMAINED UNTIL JANUARY 14, 1955. ON JANUARY 21, 1955, 560 POUNDS OF HOUSEHOLD EFFECTS WERE SHIPPED FROM OGDEN, UTAH, TO POCATELLO, IDAHO, AND A WEEK LATER, 2,180 POUNDS OF HOUSEHOLD EFFECTS WERE SHIPPED FROM THE LATTER CITY TO SPOKANE, WASHINGTON.

IN THE SETTLEMENT MENTIONED ABOVE YOU WERE ALLOWED $93.50 AS REIMBURSEMENT FOR THE COST OF PACKING, HAULING, AND TEMPORARY STORAGE OF THE EFFECTS IN BOISE DURING THE PERIOD JUNE 4 TO JULY 4, 1952. YOUR HUSBAND WAS ENTITLED TO THIS AS WELL AS THE SHIPMENT TO POCATELLO INCIDENT TO THE ORDERS ASSIGNING HIM TO DUTY OVERSEAS. THERE IS NO PROVISION OF LAW OR REGULATION, HOWEVER, UNDER WHICH REIMBURSEMENT MAY BE AUTHORIZED FOR THE 18-MONTH PERIOD OF NONTEMPORARY STORAGE IN POCATELLO. WHILE CONTROLLING REGULATIONS PROVIDE THAT HOUSEHOLD EFFECTS OF MEMBERS OFFICIALLY REPORTED DEAD MAY BE SHIPPED FROM THE PLACE TO WHICH SUCH GOODS WERE LAST SHIPPED AT GOVERNMENT EXPENSE TO SUCH PLACE AS MAY BE DESIGNATED BY THE DEPENDENTS AND APPROVED BY THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED, THE REGULATIONS IN EFFECT DURING THE PERIOD INVOLVED FURTHER SPECIFICALLY PROVIDE THAT SUCH ENTITLEMENT WILL TERMINATE IN ANY CASE WHERE HOUSEHOLD EFFECTS ARE NOT TURNED OVER TO A TRANSPORTATION OFFICER OR TO A CARRIER FOR SHIPMENT WITHIN ONE YEAR FROM THE DATE OF OFFICIAL REPORT OF DEATH. SINCE YOUR HUSBAND WAS OFFICIALLY REPORTED AS DEAD ON DECEMBER 28, 1953, AND SHIPMENTS WERE NOT INITIATED UNTIL MORE THAN ONE YEAR LATER, THERE IS NO LEGAL BASIS FOR THE ALLOWANCES OF ANY PART OF THE COST OF THE SHIPMENTS FROM OGDEN, UTAH, TO POCATELLO, IDAHO, OR FROM THE LATTER CITY TO SPOKANE, WASHINGTON.

ACCORDINGLY, THE SETTLEMENT OF JUNE 1, 1956, WAS CORRECT AND IS SUSTAINED. THE COPY OF THAT SETTLEMENT ENCLOSED WITH YOUR LETTER OF JULY 25, 1956, IS RETURNED AS REQUESTED.