B-132217, AUG. 16, 1957

B-132217: Aug 16, 1957

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YERKE: REFERENCE IS MADE TO YOUR LETTER OF MAY 29. WERE SHIPPED BY COMMERCIAL VAN FROM SAN LORENZO. YOU WERE DETACHED FROM DUTY AT OAKLAND. IT IS SHOWN THAT YOU WERE ORDERED TO ACTIVE DUTY FROM TOOELE. YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS WAS DISALLOWED BY OUR SETTLEMENT DATED APRIL 29. THAT YOU WERE ADVISED BY THE OFFICER IN CHARGE OF THE HOUSEHOLD GOODS DIVISION AT THE OAKLAND NAVAL SUPPLY CENTER THAT YOU COULD SHIP YOUR HOUSEHOLD EFFECTS AND FILE A CLAIM FOR REIMBURSEMENT OF THE COST OF THE SHIPMENT WHEN YOU RECEIVED YOUR CHANGE OF STATION ORDERS. SPECIFICALLY PROVIDES 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.

B-132217, AUG. 16, 1957

TO MR. HAROLD H. YERKE:

REFERENCE IS MADE TO YOUR LETTER OF MAY 29, 1957, REQUESTING REVIEW OF OUR SETTLEMENT DATED APRIL 29, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM SAN LORENZO, CALIFORNIA, TO SALT LAKE CITY, UTAH, WHILE SERVING AS AN ENLISTED MAN IN THE UNITED STATES NAVAL RESERVE.

YOUR HOUSEHOLD EFFECTS, WEIGHING 6,040 POUNDS, WERE SHIPPED BY COMMERCIAL VAN FROM SAN LORENZO, CALIFORNIA, TO SALT LAKE CITY, UTAH, ON FEBRUARY 2, 1956, AT PERSONAL EXPENSE OF $373.27. SUBSEQUENTLY, BY ORDERS DATED JANUARY 24, 1957, YOU WERE DETACHED FROM DUTY AT OAKLAND, CALIFORNIA, AND DIRECTED TO PROCEED TO YOUR HOME FOR RELEASE FROM ACTIVE DUTY ON FEBRUARY 1, 1957. IT IS SHOWN THAT YOU WERE ORDERED TO ACTIVE DUTY FROM TOOELE, UTAH. YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS WAS DISALLOWED BY OUR SETTLEMENT DATED APRIL 29, 1957, BECAUSE THE SHIPMENT PRECEDED THE ORDERS. IN YOUR REQUEST FOR REVIEW OF THAT SETTLEMENT YOU SAY, IN EFFECT, THAT DUE TO THE CONDITION OF THE HEALTH OF YOUR WIFE AND DAUGHTER THEY MOVED FROM YOUR DUTY STATION IN CALIFORNIA TO A DRIER CLIMATE IN UTAH; AND THAT YOU WERE ADVISED BY THE OFFICER IN CHARGE OF THE HOUSEHOLD GOODS DIVISION AT THE OAKLAND NAVAL SUPPLY CENTER THAT YOU COULD SHIP YOUR HOUSEHOLD EFFECTS AND FILE A CLAIM FOR REIMBURSEMENT OF THE COST OF THE SHIPMENT WHEN YOU RECEIVED YOUR CHANGE OF STATION ORDERS. ON SUCH BASIS YOU URGE THAT YOUR CLAIM SHOULD BE ALLOWED.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS THE SECRETARIES MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR. PARAGRAPH 8014-1, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT AUTHORITY, SPECIFICALLY PROVIDES 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 HAS BEEN FURNISHED CONCERNING THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS HERE INVOLVED.

IT APPEARS THAT YOU SHIPPED YOUR EFFECTS AT PERSONAL EXPENSE MORE THAN ONE YEAR BEFORE THE ORDERS WERE ISSUED, WITHOUT OBTAINING THE EMERGENCY AUTHORIZATION CONTEMPLATED BY THE REGULATIONS. THE SHIPPING OFFICER APPARENTLY REFUSED TO MAKE THE SHIPMENT AT GOVERNMENT EXPENSE BUT INSTEAD ADVISED YOU TO SHIP YOUR EFFECTS AT PERSONAL EXPENSE AND FILE A CLAIM FOR REIMBURSEMENT. IN THESE CIRCUMSTANCES, IT MUST BE HELD THAT NO RIGHT TO REIMBURSEMENT IS ESTABLISHED UNDER THE APPLICABLE LAW AND REGULATIONS, IRRESPECTIVE OF ANY ADVICE TO THE CONTRARY WHICH YOU MAY HAVE RECEIVED WHEN YOUR EFFECTS WERE SHIPPED. OUR OFFICE IS REQUIRED TO SETTLE CLAIMS ON THE BASIS OF APPLICABLE LAW AND REGULATIONS AND THUS HAS NO CHOICE OTHER THAN TO SUSTAIN THE DISALLOWANCE OF YOUR CLAIM.

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