B-136662, AUG. 8, 1958

B-136662: Aug 8, 1958

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JR.: REFERENCE IS MADE TO YOUR LETTER OF JUNE 11. WERE HAULED FROM YOUR RESIDENCE IN HOUSTON. AT THAT TIME YOU WERE ASSIGNED TO DUTY AT HOUSTON. YOU WERE TRANSFERRED TO THE UNITED STATES COAST GUARD RESERVE AND RELEASED FROM ACTIVE DUTY AT HOUSTON. IT BEING SHOWN THAT YOUR HOME OF RECORD WAS GREENSBORO. THEY WERE SHIPPED AT GOVERNMENT EXPENSE TO RALEIGH. WAS DISALLOWED BY SETTLEMENT DATED MAY 26. YOU SAY THAT YOUR WIFE WAS PREGNANT AND HAD TO LEAVE HOUSTON FOR YOUR PERMANENT HOME ABOUT A MONTH BEFORE YOUR ENLISTMENT EXPIRED. THAT YOU WERE OFFICIALLY ADVISED AT YOUR STATION THAT THE STORAGE OF YOUR FURNITURE WOULD HAVE TO BE AT YOUR OWN EXPENSE. THAT YOU WERE LATER ADVISED THAT SUCH STORAGE COULD BE AT GOVERNMENT EXPENSE AND THAT YOU COULD FILE A CLAIM FOR REIMBURSEMENT AFTER BEING RELEASED FROM THE SERVICE.

B-136662, AUG. 8, 1958

TO MR. HENRY K. BRANNON, JR.:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 11, 1958, AND ENCLOSURE, REQUESTING REVIEW OF SETTLEMENT DATED MAY 26, 1958, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF HAULING TO STORAGE AND STORAGE OF YOUR HOUSEHOLD EFFECTS WHILE SERVING AS AN ENLISTED MAN, UNITED STATES COAST GUARD.

YOUR HOUSEHOLD EFFECTS, WEIGHING 3,320 POUNDS, WERE HAULED FROM YOUR RESIDENCE IN HOUSTON, TEXAS, TO COMMERCIAL STORAGE IN THE SAME CITY ON JUNE 24, 1957, AT PERSONAL EXPENSE. AT THAT TIME YOU WERE ASSIGNED TO DUTY AT HOUSTON, TEXAS. BY ORDERS DATED AUGUST 17, 1957, YOU WERE TRANSFERRED TO THE UNITED STATES COAST GUARD RESERVE AND RELEASED FROM ACTIVE DUTY AT HOUSTON, TEXAS, IT BEING SHOWN THAT YOUR HOME OF RECORD WAS GREENSBORO, NORTH CAROLINA, AND THAT YOU ENTERED YOUR CURRENT ACTIVE SERVICE AT NORFOLK, VIRGINIA. YOUR HOUSEHOLD EFFECTS REMAINED IN STORAGE UNTIL AUGUST 20, 1957, WHEN, AT YOUR REQUEST, THEY WERE SHIPPED AT GOVERNMENT EXPENSE TO RALEIGH, NORTH CAROLINA. YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF HAULING TO STORAGE AND STORAGE OF YOUR HOUSEHOLD EFFECTS IN HOUSTON, IN THE AMOUNT OF $84.66, WAS DISALLOWED BY SETTLEMENT DATED MAY 26, 1958, FOR THE REASONS THEREIN STATED. IN YOUR LETTER OF JUNE 11, 1958, YOU SAY THAT YOUR WIFE WAS PREGNANT AND HAD TO LEAVE HOUSTON FOR YOUR PERMANENT HOME ABOUT A MONTH BEFORE YOUR ENLISTMENT EXPIRED; THAT YOU WERE OFFICIALLY ADVISED AT YOUR STATION THAT THE STORAGE OF YOUR FURNITURE WOULD HAVE TO BE AT YOUR OWN EXPENSE; AND THAT YOU WERE LATER ADVISED THAT SUCH STORAGE COULD BE AT GOVERNMENT EXPENSE AND THAT YOU COULD FILE A CLAIM FOR REIMBURSEMENT AFTER BEING RELEASED FROM THE SERVICE. 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 MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED IN CONNECTION WITH A CHANGE OF STATION TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS UNDER SUCH CONDITIONS AND LIMITATIONS AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY PROVIDE (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 WITH RESPECT TO THE MOVEMENT OF YOUR HOUSEHOLD GOODS FROM YOUR RESIDENCE TO STORAGE IN HOUSTON, TEXAS, PRIOR TO THE ISSUANCE OF THE ORDERS OF AUGUST 17, 1957, DIRECTING YOUR RELEASE FROM ACTIVE DUTY, HAS BEEN FURNISHED, NOR DOES IT APPEAR THAT SUCH A DETERMINATION WOULD BE APPROPRIATE IN THE CIRCUMSTANCES IN YOUR CASE. THEREFORE, AND SINCE YOUR EFFECTS WERE SHIPPED PROMPTLY UPON YOUR REQUEST FOLLOWING YOUR RELEASE FROM ACTIVE DUTY, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM BY THE SETTLEMENT DATED MAY 26, 1958, IS SUSTAINED.