B-140461, DEC. 29, 1959

B-140461: Dec 29, 1959

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HARRISON: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 28. YOU WERE RETURNED TO THE UNITED STATES FROM DUTY IN VERDUN. YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM YOUR OVERSEAS STATION TO FORT EUSTIS AT GOVERNMENT EXPENSE INCIDENT TO THOSE ORDERS. THEY WERE SHIPPED AT YOUR EXPENSE FROM FORT EUSTIS TO SHAW AIR FORCE BASE. YOU WERE RELEASED FROM ASSIGNMENT AT FORT EUSTIS AND FROM FURTHER ACTIVE DUTY. YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM YOUR LAST STATION TO YOUR HOME WAS DENIED BY THE DEPARTMENT OF THE ARMY FOR THE REASON THAT THE SHIPMENT WAS MADE PRIOR TO THE ORDERS EFFECTING YOUR RELEASE FROM ACTIVE DUTY. IT WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE SAME REASON.

B-140461, DEC. 29, 1959

TO CAPTAIN WILLIE F. HARRISON:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 28, 1959, REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 10, 1959, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPPING YOUR HOUSEHOLD GOODS FROM FORT EUSTIS, VIRGINIA, TO GEORGETOWN, SOUTH CAROLINA, IN DECEMBER 1955, WHILE SERVING AS CAPTAIN, UNITED STATES ARMY RESERVE.

BY LETTER ORDER 4-173, DATED APRIL 25, 1955, AS AMENDED BY LETTER ORDER 5 -164, DATED MAY 25, 1955, YOU WERE RETURNED TO THE UNITED STATES FROM DUTY IN VERDUN, MEUSE, FRANCE, AND ASSIGNED TO DUTY AT FORT EUSTIS, VIRGINIA. UPON YOUR WRITTEN REQUEST DATED MAY 16, 1955, YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM YOUR OVERSEAS STATION TO FORT EUSTIS AT GOVERNMENT EXPENSE INCIDENT TO THOSE ORDERS. IN DECEMBER 1955, THEY WERE SHIPPED AT YOUR EXPENSE FROM FORT EUSTIS TO SHAW AIR FORCE BASE, SOUTH CAROLINA, AND THENCE TO GEORGETOWN, SOUTH CAROLINA, IN FEBRUARY 1956. BY PARAGRAPH 41, SPECIAL ORDERS NO. 224, DATED NOVEMBER 18, 1957, AS AMENDED BY PARAGRAPH 7, SPECIAL ORDERS NO. 225, DATED NOVEMBER 19, 1957, YOU WERE RELEASED FROM ASSIGNMENT AT FORT EUSTIS AND FROM FURTHER ACTIVE DUTY, AND DIRECTED TO PROCEED TO YOUR HOME, GEORGETOWN, SOUTH CAROLINA. YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM YOUR LAST STATION TO YOUR HOME WAS DENIED BY THE DEPARTMENT OF THE ARMY FOR THE REASON THAT THE SHIPMENT WAS MADE PRIOR TO THE ORDERS EFFECTING YOUR RELEASE FROM ACTIVE DUTY. IT WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE SAME REASON.

IN YOUR PRESENT LETTER YOU STATE THAT YOUR FINAL CHANGE OF STATION ORDERS ENTITLED YOU TO SHIPMENT OF HOUSEHOLD EFFECTS AND THAT, CONCEIVABLY, YOU STILL HAVE THAT ENTITLEMENT. YOU EXPRESS THE BELIEF THAT THE REGULATIONS DO NOT SPECIFICALLY PROHIBIT REIMBURSEMENT AND STATE THAT ONE OF THE REASONS YOU SHIPPED YOUR EFFECTS WHEN YOU DID WAS THE SHORTAGE OF STORAGE SPACE AT FORT EUSTIS. YOU FURTHER INDICATE THAT SINCE THE REGULATIONS AUTHORIZE SHIPMENT (UPON CHANGE OF STATION) NOT TO EXCEED FROM THE OLD STATION TO THE NEW, IT IS POSSIBLE THAT IN 1955 YOUR EFFECTS COULD HAVE BEEN SHIPPED DIRECTLY FROM FRANCE TO GEORGETOWN WITHOUT VIOLATING THAT PROVISION, INASMUCH AS THE GOODS DID NOT HAVE TO BE SHIPPED DIRECTLY TO, OR EVEN THROUGH THE NEW DUTY STATION. ALSO, YOU REQUEST RETURN OF THE CLAIM PAPERS, AND INDICATE YOU INTEND TO PROSECUTE YOUR CLAIM THROUGH OTHER AVENUES.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT, IN CONNECTION WITH A CHANGE OF STATION, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS UNDER SUCH CONDITIONS AS THE SECRETARIES CONCERNED MAY PRESCRIBE. UNDER THOSE REGULATIONS YOU WERE ENTITLED INCIDENT TO THE ORDERS RETURNING YOU TO THE UNITED STATES TO SHIP YOUR HOUSEHOLD EFFECTS FROM YOUR OVERSEAS STATION TO FORT EUSTIS OR TO SOME OTHER POINT AT NO GREATER COST. THE RECORD SHOWS THAT YOU DESIGNATED FORT EUSTIS AS THE POINT TO WHICH SHIPMENT WAS DESIRED,AND THAT IT WAS A SHORTAGE OF STORAGE SPACE--- WHICH THE GOVERNMENT COULD HAVE PROVIDED ONLY IF AVAILABLE--- THAT INFLUENCED YOUR DECISION TO RESHIP THE EFFECTS TO YOUR HOME. SINCE THE SHIPMENT FROM EUROPE ENTERED THE UNITED STATES AT NORFOLK, VIRGINIA, IT IS EVIDENT THAT, HAD YOU ORIGINALLY DESIGNATED GEORGETOWN, YOU WOULD HAVE BEEN CHARGED WITH THE EXCESS COST OF SHIPMENT FROM NORFOLK TO GEORGETOWN OVER THE COST OF SHIPMENT FROM NORFOLK TO FORT EUSTIS.

ON THE BASIS OF THE ORDERS RELEASING YOU FROM ACTIVE DUTY AND DIRECTING YOU TO PROCEED TO YOUR HOME, YOU WERE ENTITLED TO SHIP YOUR HOUSEHOLD EFFECTS FROM YOUR LAST OR ANY PREVIOUS STATION, DESIGNATED PLACE IN THE UNITED STATES, OR PLACE OF STORAGE, TO YOUR HOME (PARAGRAPH 8009-5, JOINT TRAVEL REGULATIONS, CHANGE 51, OCTOBER 1, 1956) PROVIDED THAT SHIPMENT WAS MADE WITHIN ONE YEAR FOLLOWING RELIEF FROM ACTIVE DUTY. SINCE YOUR EFFECTS WERE AT YOUR HOME WHEN THOSE ORDERS WERE ISSUED NO ACTUAL SHIPPING RIGHTS ACCRUED. PARAGRAPH 8014 OF THE JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, SPECIFICALLY PROVIDED THAT, EXCEPT UNDER EMERGENCY CIRCUMSTANCES NOT HERE INVOLVED, SHIPMENT OF HOUSEHOLD EFFECTS IS NOT AUTHORIZED "PRIOR TO ISSUANCE OF ORDERS.'

SINCE IT SEEMS CLEAR THAT THE SHIPMENT HERE INVOLVED WAS NOT AUTHORIZED AND THAT THERE IS NO LEGAL BASIS FOR REIMBURSEMENT, THE SETTLEMENT OF JUNE 10, 1959, WAS CORRECT AND IS SUSTAINED.

THE ACTION OF THIS OFFICE ON CLAIMS AGAINST THE UNITED STATES IS FINAL AND CONCLUSIVE ON ALL EXECUTIVE DEPARTMENTS AND AGENCIES INVOLVED IN THE CLAIM. 28 COMP. GEN. 69; 31 ID. 596; 1 GAO MANUAL 3030.30. INASMUCH AS THE PAPERS TRANSMITTED HERE AS A PART OF YOUR CLAIM NOW CONSTITUTE A PART OF THE PERMANENT RECORD UPON WHICH THE DISALLOWANCE WAS BASED, THEY ARE REQUIRED TO BE RETAINED HERE AND MAY NOT BE RETURNED TO YOU. 21 COMP. GEN. 819, 823.