B-129298, OCT. 25, 1956

B-129298, OCT. 25, 1956

TO JOHN F. OLSON, YNC (PN1):

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 10, 1956, REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 20, 1956, WHICH DISALLOWED YOUR CLAIM FOR $104.20, REPRESENTING THE AMOUNT WHICH YOU BELIEVE IS DUE YOU FOR CARTING YOUR HOUSEHOLD EFFECTS FROM WAREHOUSE TO RESIDENCE AND UNPACKING THEM INCIDENT TO YOUR ASSIGNMENT AT ANNETTE ISLAND, ALASKA.

BY ORDERS DATED APRIL 20, 1954, SAN FRANCISCO, YOU WERE TRANSFERRED TO THE SEVENTEENTH COAST GUARD DISTRICT FOR DUTY. YOUR HOUSEHOLD EFFECTS, WEIGHING 6,210 POUNDS, WERE SHIPPED TO YOUR NEW STATION, ANNETTE ISLAND, ALASKA. UPON THEIR ARRIVAL AT THAT POINT THEY WERE DEPOSITED IN A COAST GUARD WAREHOUSE PENDING DELIVERY TO YOUR RESIDENCE. IT APPEARS THAT YOU BORROWED A TRUCK FROM A COMMERCIAL AIRLINE AND WITH THE AID OF AN ACQUAINTANCE HAULED THE EFFECTS TO YOUR RESIDENCE AND UNPACKED THEM. YOUR CLAIM IS BASED ON WHAT YOU CONSIDER TO BE THE REASONABLE VALUE OF THE SERVICE PERFORMED RATHER THAN ANY ACTUAL DIRECT EXPENSE INCURRED.

IN YOUR PRESENT LETTER YOU EXPRESS THE BELIEF THAT CERTAIN FACTORS IN YOUR CLAIM HAVE BEEN OVERLOOKED. YOU STATE THAT AS A MEMBER OF THE ARMED SERVICES ON ACTIVE DUTY YOU WERE ENTITLED TO HAVE YOUR EFFECTS HAULED TO YOUR RESIDENCE, UNPACKED, AND THE DEBRIS HAULED AWAY; THAT THE COAST GUARD DID NOT THEN HAVE A COMMERCIAL CONTRACT UNDER WHICH SUCH SERVICES COULD BE PERFORMED, AND THAT YOU HAD TO PERFORM THE SERVICE "INVOLUNTARILY" IN ORDER TO HAVE THE USE OF YOUR HOUSEHOLD EFFECTS. YOU FURTHER STATE THAT WHILE YOU DID NOT INCUR ANY ACTUAL DIRECT EXPENSE IN ACCOMPLISHING THE JOB, YOU LATER PERFORMED CERTAIN SERVICES INVOLVING SOME LABOR AND SMALL EXPENDITURES ON YOUR PART IN ORDER TO REPAY YOUR MORAL OBLIGATION TO THE AIRLINE AND YOUR SOCIAL OBLIGATION TO THE PERSON WHO HELPED YOU.

THE TRANSPORTATION OF HOUSEHOLD EFFECTS (INCLUDING HAULING AND UNPACKING) OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814. THOSE REGULATIONS SPECIFICALLY PROVIDE THAT REIMBURSEMENT TO MEMBERS FOR SHIPMENT OF HOUSEHOLD GOODSAT THEIR OWN EXPENSE IS NOT ORDINARILY AUTHORIZED; THAT SHIPMENTS WILL ORDINARILY BE MADE THROUGH A SHIPPING OFFICER, AND THAT IN CASE AN EMERGENCY OR OTHER COMPELLING REASON EXISTED FOR FAILURE TO HAVE THE SHIPPING OFFICER ARRANGE FOR SHIPMENT OF HOUSEHOLD GOODS, THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED MAY RATIFY THE SHIPMENT AND DIRECT REIMBURSEMENT OF TRANSPORTATION CHARGES TO THE MEMBER. THE REGULATIONS FURTHER PROVIDE THAT CLAIMS FOR REIMBURSEMENT MUST BE SUPPORTED BY ORIGINAL BILLS FOR ANY PACKING, CRATING, DRAYING, UNPACKING AND UNCRATING, AND THAT SUCH DOCUMENTS WILL BE RECEIPTED AS PAID IN FULL IN THE ORIGINAL HANDWRITING OF THE CONTRACTOR, OR AGENT OF SUCH CONTRACTOR, WHO PERFORMED THE SERVICE. THE REGULATIONS CLEARLY REQUIRE EVIDENCE OF ACTUAL EXPENDITURE FOR SUCH SERVICES BEFORE REIMBURSEMENT MAY BE AUTHORIZED. THERE IS NO PROVISION FOR THE PAYMENT OF AN ALLOWANCE TO A MEMBER WHO PERFORMS SUCH SERVICES HIMSELF WITHOUT INCURRING ACTUAL AND PROVABLE EXPENSE. NO SUCH EXPENSE APPEARS TO HAVE BEEN INCURRED IN YOUR CASE AND ACCORDINGLY, UNDER THE REGULATIONS PAYMENT OF THE CLAIM IS NOT AUTHORIZED. THE SETTLEMENT OF AUGUST 20, 1956, WAS CORRECT AND IS SUSTAINED.