B-137767, NOV 21, 1958

B-137767: Nov 21, 1958

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NELSON: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 9. C. AT THE TIME OF HIS DEATH YOU WERE RESIDING AT HIS HOME. YOU WERE ADVISED YOUR REQUEST FOR AN EXTENSION OF SIX MONTHS OVER THE ONE-YEAR LIMIT FOR SHIPMENT OF HOUSEHOLD EFFECTS INCIDENT TO YOUR HUSBAND'S DEATH HAD BEEN GRANTED BY THE CHIEF OF TRANSPORTATION. THE TRAVEL BY YOU AND THE CHILDREN AND THE HAULING OF THE TRAILER WERE PERFORMED DURING THE PERIOD MAY 26 TO 28. APPARENTLY THERE WAS NO SEPARATE SHIPMENT OF HOUSEHOLD EFFECTS. TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS ARE AUTHORIZED UPON THE DEATH OF A MEMBER OF THE UNIFORMED SERVICES. THAT (PARAGRAPH 8011-2) HIS HOUSEHOLD EFFECTS MAY BE SHIPPED FROM LAST DUTY STATION OR THE PLACE TO WHICH THEY WERE LAST SHIPPED AT GOVERNMENT EXPENSE.

B-137767, NOV 21, 1958

PRECIS-UNAVAILABLE

MRS. SHIRLEY K. NELSON:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 9, 1958, RELATIVE TO YOUR CLAIM AS WIDOW OF THE LATE ROBERT J. NELSON, FOR REIMBURSEMENT FOR TRAVEL BY YOU AND YOUR CHILDREN FROM WEST BARABOO, WISCONSIN, TO FORT WALTON, FLORIDA, AND FOR TRAILER ALLOWANCE BETWEEN THE SAME POINTS.

THE RECORD SHOWS THAT YOUR HUSBAND, AN ENLISTED MAN IN THE REGULAR ARMY, DIED ON APRIL 6, 1957, AT SCOTT AIR FORCE BASE, ILLINOIS, WHILE EN ROUTE TO WALTER REED HOSPITAL, WASHINGTON, D. C. AT THE TIME OF HIS DEATH YOU WERE RESIDING AT HIS HOME, BARABOO, WISCONSIN. BY UNDATED LETTER ADDRESSED TO THE TRANSPORTATION OFFICER, HEADQUARTERS, FIFTH ARMY, YOU REQUESTED THAT YOU BE GRANTED AN EXTENSION OF SIX MONTHS OVER THE ONE-YEAR LIMIT FOR SHIPMENT OF HOUSEHOLD EFFECTS INCIDENT TO YOUR HUSBAND'S DEATH. IN THE SAME LETTER YOU MENTIONED HAVING A HOUSE TRAILER WHICH YOU INTENDED TO MOVE TO FORT WALTON BEACH, FLORIDA, WHERE YOU WOULD MAKE YOUR HOME. LETTER OF MAY 19, 1958, YOU WERE ADVISED YOUR REQUEST FOR AN EXTENSION OF SIX MONTHS OVER THE ONE-YEAR LIMIT FOR SHIPMENT OF HOUSEHOLD EFFECTS INCIDENT TO YOUR HUSBAND'S DEATH HAD BEEN GRANTED BY THE CHIEF OF TRANSPORTATION. THE TRAVEL BY YOU AND THE CHILDREN AND THE HAULING OF THE TRAILER WERE PERFORMED DURING THE PERIOD MAY 26 TO 28, 1958. APPARENTLY THERE WAS NO SEPARATE SHIPMENT OF HOUSEHOLD EFFECTS.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES THAT, UNDER SUCH REGULATIONS AS THE SECRETARIES CONCERNED MAY PRESCRIBE, TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS ARE AUTHORIZED UPON THE DEATH OF A MEMBER OF THE UNIFORMED SERVICES. IT FURTHER PROVIDES THAT IN LIEU OF TRANSPORTATION OF HOUSEHOLD EFFECTS THE DEPENDENTS OF A DECEASED MEMBER MAY TRANSPORT A HOUSE TRAILER WITHIN THE UNITED STATES FOR USE AS A RESIDENCE. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THOSE PROVISIONS OF LAW PROVIDE THAT UPON THE DEATH OF A MEMBER OF THE UNIFORMED SERVICES WHILE ON ACTIVE DUTY HIS DEPENDENTS (PARAGRAPH 7010) MAY BE MOVED TO ANY PLACE THEY MAY DESIGNATE, AND THAT (PARAGRAPH 8011-2) HIS HOUSEHOLD EFFECTS MAY BE SHIPPED FROM LAST DUTY STATION OR THE PLACE TO WHICH THEY WERE LAST SHIPPED AT GOVERNMENT EXPENSE, OR BOTH, TO THE HOME OF THE PERSON LEGALLY ENTITLED THERETO. WITH RESPECT TO SITUATIONS RESULTING IN TERMINATION OF A MEMBER'S SERVICE GENERALLY, THE REGULATIONS (PARAGRAPH 7011-6) PROVIDE THAT TRANSPORTATION OF DEPENDENTS MUST BE PERFORMED WITHIN ONE YEAR AFTER TERMINATION OF THE SERVICE, AND IT HAS BEEN HELD THAT THE ONE-YEAR RULE IS APPLICABLE IN CASES OF DEATH IN THE SERVICE. 36 COMP. GEN. 781. THE REGULATIONS MAKE NO PROVISION FOR AN EXTENSION OF TIME WITH RESPECT TO TRAVEL OF DEPENDENTS OF DECEASED PERSONNEL, SUCH TIME EXTENDING PROVISION (PARAGRAPH 8011-4) BEING LIMITED SOLELY TO THE SHIPMENT OF HOUSEHOLD EFFECTS OF THE DECEASED MEMBER. SINCE YOU AND THE CHILDREN TRAVELED MORE THAN ONE YEAR AFTER YOUR HUSBAND'S DEATH, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM FOR SUCH TRAVEL.

WHILE YOU RECEIVED AN EXTENSION OF TIME WITH RESPECT TO SHIPMENT OF HOUSEHOLD EFFECTS, INSOFAR AS THE RECORD SHOWS YOU DID NOT MAKE A SEPARATE SHIPMENT OF HOUSEHOLD EFFECTS, IT APPARENTLY BEING YOUR INTENTION TO CLAIM THE TRAILER ALLOWANCE INSTEAD. THE PROVISION IN THE CAREER COMPENSATION ACT AUTHORIZING THE DEPENDENTS OF A DECEASED MEMBER TO TRANSPORT A HOUSE TRAILER FOR USE AS A RESIDENCE (IN LIEU OF SHIPMENT OF HOUSEHOLD EFFECTS) WAS ADDED BY THE ACT OF MARCH 17, 1958, PUBLIC LAW 85-347. SUCH PROVISION, HOWEVER, WAS NOT SELF-EXECUTING. IT DID NOT BECOME EFFECTIVE UNTIL REGULATIONS WERE PROMULGATED BY THE SECRETARIES. SUCH REGULATIONS WERE ISSUED AS PARAGRAPH 10014, CHANGE 71, AUGUST 1, 1958, OF THE JOINT TRAVEL REGULATIONS, EFFECTIVE JUNE 4, 1958. THEREFORE, WHEN YOU MOVED YOUR TRAILER THERE WAS NO PROVISION UNDER CONTROLLING REGULATIONS FOR SUCH MOVE AT PUBLIC EXPENSE.

THERE BEING NO LEGAL BASIS FOR THE ALLOWANCE OF ANY PART OF YOUR CLAIM, THE SETTLEMENT OF OCTOBER 6, 1958, WAS CORRECT AND IS SUSTAINED.