B-132006, JUL. 15, 1957

B-132006: Jul 15, 1957

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YOU WERE ORDERED TO PROCEED AND REPORT NOT LATER THAN JULY 6. YOU WERE RELIEVED FROM TEMPORARY DUTY AT THE BROOKE ARMY MEDICAL CENTER. THE RECORD SHOWS THAT PRIOR TO THE ISSUANCE OF ORDERS TO REPORT FOR ACTIVE MILITARY DUTY YOU HAD YOUR HOUSEHOLD GOODS CARTED TO A WAREHOUSE WHERE THEY WERE PACKED AND PREPARED FOR STORAGE AND ACTUALLY PLACED IN STORAGE FOR APPROXIMATELY THREE MONTHS BEGINNING JUNE 14. THREE FOOT LOCKERS WEIGHING 187 POUNDS WERE SHIPPED BY EXPRESS FROM YOUR HOME IN PITTSBURG. YOUR CLAIM WAS DISALLOWED BY THE ABOVE MENTIONED SETTLEMENT FOR THE REASONS THEREIN STATED. THE TRANSPORTATION OF HOUSEHOLD EFFECTS FOR MEMBERS OF THE ARMED FORCES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949.

B-132006, JUL. 15, 1957

TO CAPTAIN JAY T. KING, POST SURGEON, MC:

YOUR LETTER OF MAY 13, 1957, REQUESTS REVIEW OF OUR SETTLEMENT DATED JANUARY 18, 1956, WHICH DISALLOWED YOUR CLAIM FOR $187.57 AS REIMBURSEMENT (1) FOR THE COST OF HAULING YOUR HOUSEHOLD GOODS FROM YOUR RESIDENCE TO A WAREHOUSE DURING JUNE 1955, AND FOR PACKING AND PREPARING THOSE GOODS FOR STORAGE, INCLUDING THREE MONTHS' STORAGE; AND (2) FOR THE EXPENSE INCURRED FOR SHIPMENT BY EXPRESS OF THREE FOOT LOCKERS FROM PITTSBURG, KANSAS, TO WASHINGTON, D.C., INCIDENT TO ORDERS DATED JULY 22, 1955, ASSIGNING YOU TO DUTY AT THE UNITED STATES ARMY DISPENSARY, FORT LESLIE J. MCNAIR, WASHINGTON, D.C.

BY SPECIAL ORDERS NO. 120, DATED JUNE 21, 1955, YOU WERE ORDERED TO PROCEED AND REPORT NOT LATER THAN JULY 6, 1955, FOR A COURSE OF INSTRUCTION AT THE BROOKE ARMY MEDICAL CENTER, FORT SAM HOUSTON, TEXAS. SUBSEQUENTLY, PURSUANT TO SPECIAL ORDERS NO. 144, DATED JULY 22, 1955, YOU WERE RELIEVED FROM TEMPORARY DUTY AT THE BROOKE ARMY MEDICAL CENTER, FORT SAM HOUSTON, TEXAS, UPON COMPLETION OF COURSE OF INSTRUCTION AND ASSIGNED TO PERMANENT DUTY WITH THE 7021ST SU, UNITED STATES ARMY DISPENSARY, FORT LESLIE J. MCNAIR, WASHINGTON.

THE RECORD SHOWS THAT PRIOR TO THE ISSUANCE OF ORDERS TO REPORT FOR ACTIVE MILITARY DUTY YOU HAD YOUR HOUSEHOLD GOODS CARTED TO A WAREHOUSE WHERE THEY WERE PACKED AND PREPARED FOR STORAGE AND ACTUALLY PLACED IN STORAGE FOR APPROXIMATELY THREE MONTHS BEGINNING JUNE 14, 1955. THEREAFTER, ON OR ABOUT AUGUST 18, 1955, THREE FOOT LOCKERS WEIGHING 187 POUNDS WERE SHIPPED BY EXPRESS FROM YOUR HOME IN PITTSBURG, KANSAS, TO YOUR FIRST PERMANENT DUTY STATION IN WASHINGTON, D.C., AT A COST TO YOU OF $21.23. YOUR CLAIM WAS DISALLOWED BY THE ABOVE MENTIONED SETTLEMENT FOR THE REASONS THEREIN STATED.

THE TRANSPORTATION OF HOUSEHOLD EFFECTS FOR MEMBERS OF THE ARMED FORCES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814. THOSE REGULATIONS PROVIDE (PARAGRAPH 8014-1) THAT HOUSEHOLD GOODS MAY NOT BE SHIPPED AT GOVERNMENT EXPENSE PRIOR TO THE ISSUANCE OF ORDERS EXCEPT UPON A DETERMINATION BY THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED THAT SHIPMENT IN ADVANCE OF ORDERS IS NECESSARY BECAUSE OF EMERGENCY, EXIGENCY OF THE SERVICE, OR SERVICE NECESSITY. NO SUCH DETERMINATION IS SHOWN TO HAVE BEEN MADE CONCERNING THE SHIPMENT OF YOUR HOUSEHOLD GOODS FROM HOME TO STORAGE PRIOR TO YOUR ORDERS DATED JUNE 21, 1955, TO REPORT TO FORT SAM HOUSTON, TEXAS, FOR A COURSE OF INSTRUCTION NOT LATER THAN JULY 6, 1955. IN THE ABSENCE OF SUCH DETERMINATION NO BASIS EXISTS FOR ALLOWING ITEM 1 OF YOUR CLAIM. OF COURSE, YOU WILL UNDERSTAND THAT ANY ADVICE YOU MAY HAVE RECEIVED TO THE CONTRARY MAY NOT BE CONSIDERED AS AUTHORITY TO INCREASE THE GOVERNMENT'S OBLIGATION AS FIXED BY THE REGULATIONS. ACCORDINGLY, THE SETTLEMENT WHICH DENIED YOUR CLAIM FOR HAULING YOUR EFFECTS TO A WAREHOUSE, AND FOR PACKING AND PREPARING THOSE EFFECTS FOR STORAGE, INCLUDING THREE MONTHS' STORAGE, APPEARS TO BE CORRECT AND IS SUSTAINED.

WITH REGARD TO EXPRESS CHARGES CLAIMED (ITEM 2 ABOVE), THE JOINT TRAVEL REGULATIONS (PARAGRAPH 8052-1), PROVIDE THAT WHEN CERTAIN ARTICLES ARE REQUIRED FOR USE IN CARRYING OUT ASSIGNED DUTIES OR ARE REQUIRED BECAUSE OF EXIGENCIES OF THE SERVICE AND SHIPMENT BY ORDINARY MEANS WILL NOT SERVE THE PURPOSE, SHIPMENT OF NOT TO EXCEED A TOTAL OF 500 POUNDS IS AUTHORIZED TO BE MADE BY EXPRESS AT GOVERNMENT EXPENSE. IN VIEW OF YOUR TEMPORARY DUTY AT FORT SAM HOUSTON, IT REASONABLY MAY BE CONCLUDED THAT AS A RESULT OF YOUR ORDERS DATED JULY 22, 1955, YOU ARE ENTITLED TO REIMBURSEMENT FOR THE RAILWAY EXPRESS SHIPMENT DURING AUGUST 1955 OF THREE FOOT LOCKERS WEIGHING 187 POUNDS FROM PITTSBURG, KANSAS, TO YOUR FIRST PERMANENT DUTY STATION. CONSEQUENTLY, A SUPPLEMENTARY SETTLEMENT FOR $21.23 HAS BEEN AUTHORIZED AND WILL ISSUE IN YOUR FAVOR AS SOON AS PRACTICABLE.