B-130732, MAR. 28, 1957

B-130732: Mar 28, 1957

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RETIRED: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 7. YOU WERE RELEASED FROM DUTY AT RANDOLPH AIR FORCE BASE. YOU WERE REMOVED FROM THE TEMPORARY DISABILITY RETIRED LIST AND RETIRED EFFECTIVE MARCH 31. YOUR CLAIM FOR $112.75 IS SAID TO REPRESENT THE COST OF GAS AND OIL USED IN HAULING YOUR TRAILER AND CONTENTS AND FOR FOOD CONSUMED EN ROUTE. IT WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON STATED THEREIN. YOU STATE YOU WERE ADVISED BY AIR FORCE OFFICIALS THAT YOUR CLAIM WOULD BE PAID UPON YOUR RETIREMENT. IT IS YOUR IMPRESSION THAT THE RETIREMENT EFFECTED BY THE ORDERS OF MARCH 8. CONFERRED REIMBURSEMENT RIGHTS GREATER THAN THOSE WHICH HAD ACCRUED WHEN THE SHIPMENT WAS MADE.

B-130732, MAR. 28, 1957

TO TECHNICAL SERGEANT PASCHAL C. ROBBINS, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 7, 1957, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF OCTOBER 12, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR MOVING YOUR TRAILER AND CONTENTS FROM RANDOLPH AIR FORCE BASE, TEXAS, TO VALLEJO, CALIFORNIA.

BY ORDERS DATED JUNE 4, 1954, YOU WERE RELEASED FROM DUTY AT RANDOLPH AIR FORCE BASE, TEXAS, AND PLACED ON THE TEMPORARY DISABILITY RETIRED LIST EFFECTIVE JUNE 30, 1954. BY ORDERS DATED MARCH 8, 1956, YOU WERE REMOVED FROM THE TEMPORARY DISABILITY RETIRED LIST AND RETIRED EFFECTIVE MARCH 31, 1956. UPON RECEIPT OF INFORMATION THAT YOU WOULD RECEIVE THE FIRST ORDERS YOU HAULED YOUR TRAILER, CONTAINING A QUANTITY OF HOUSEHOLD EFFECTS, FROM YOUR LAST STATION TO YOUR HOME DURING THE PERIOD JUNE 1 TO 8, 1954. YOUR CLAIM FOR $112.75 IS SAID TO REPRESENT THE COST OF GAS AND OIL USED IN HAULING YOUR TRAILER AND CONTENTS AND FOR FOOD CONSUMED EN ROUTE. IT WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON STATED THEREIN. IN YOUR REQUEST FOR REVIEW, YOU STATE YOU WERE ADVISED BY AIR FORCE OFFICIALS THAT YOUR CLAIM WOULD BE PAID UPON YOUR RETIREMENT. APPARENTLY, IT IS YOUR IMPRESSION THAT THE RETIREMENT EFFECTED BY THE ORDERS OF MARCH 8, 1956, CONFERRED REIMBURSEMENT RIGHTS GREATER THAN THOSE WHICH HAD ACCRUED WHEN THE SHIPMENT WAS MADE.

PERSONAL EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES MAY BE TRANSPORTED AT GOVERNMENT EXPENSE ONLY IF AND AS AUTHORIZED BY LAW. AT THE TIME YOU HAULED YOUR HOUSE TRAILER FROM YOUR LAST DUTY STATION TO YOUR HOME THERE WAS NO AUTHORITY FOR THE TRANSPORTATION OF TRAILERS AT GOVERNMENT EXPENSE, NOR WAS THERE ANY PROVISION FOR REIMBURSING THE OWNER FOR ANY PART OF SUCH EXPENSE ON ACCOUNT OF FURNISHINGS TRANSPORTED IN SUCH TRAILER. HENCE, IRRESPECTIVE OF ANY ADVICE TO THE CONTRARY WHICH YOU MAY HAVE RECEIVED, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF OCTOBER 12, 1956, WAS CORRECT AND IS SUSTAINED.