B-141600, JAN. 21, 1960

B-141600: Jan 21, 1960

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

USMC: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 5. YOU WERE TRANSFERRED FROM CAMP JOSEPH H. YOUR DISCHARGE WAS EFFECTED AT QUANTICO ON FEBRUARY 12. YOU WERE ASSIGNED TO CONTINUOUS ACTIVE DUTY AT THAT STATION AND REDUCED FROM STAFF SERGEANT TO SERGEANT. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT PARAGRAPH 14-J-2. PROVIDES THAT SHIPMENT OF HOUSEHOLD GOODS IS NOT AUTHORIZED UPON DISCHARGE FOR MEMBERS OF THE REGULAR SERVICE. IN YOUR PRESENT LETTER YOU STATE THAT SINCE YOUR REENLISTMENT OCCURRED WITHIN 90 DAYS OF YOUR DISCHARGE AND WAS CONTINUOUS SERVICE. YOU BELIEVE SHIPMENT OF YOUR HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WAS AUTHORIZED UNDER PARAGRAPH 10-D-2 OF THE SAID EXECUTIVE ORDER.

B-141600, JAN. 21, 1960

TO MASTER SERGEANT ROBERT P. MOLINA, USMC:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 5, 1959, REQUESTING REVIEW OF THE SETTLEMENT OF MARCH 28, 1951, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM VISTA, CALIFORNIA, TO JAMAICA, NEW YORK.

BY ORDERS DATED JANUARY 31, 1950, YOU WERE TRANSFERRED FROM CAMP JOSEPH H. PENDLETON, OCEANSIDE, CALIFORNIA, TO QUANTICO, VIRGINIA,FOR DISCHARGE. YOUR DISCHARGE WAS EFFECTED AT QUANTICO ON FEBRUARY 12, 1950. ON THE BASIS OF THOSE ORDERS YOU SHIPPED YOUR HOUSEHOLD EFFECTS, WEIGHING 3,100 POUNDS, FROM YOUR RESIDENCE AT YOUR LAST STATION TO YOUR HOME AT PERSONAL EXPENSE. THEREAFTER, BY ORDERS ISSUED ON MARCH 29, 1950, AT MARINE AIR DETACHMENT, MARINE AIR RESERVE TRAINING COMMAND, NAVAL AIR STATION, NEW YORK, NEW YORK, YOU WERE ASSIGNED TO CONTINUOUS ACTIVE DUTY AT THAT STATION AND REDUCED FROM STAFF SERGEANT TO SERGEANT. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT PARAGRAPH 14-J-2, EXECUTIVE ORDER NO. 10053, DATED APRIL 20, 1949, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDES THAT SHIPMENT OF HOUSEHOLD GOODS IS NOT AUTHORIZED UPON DISCHARGE FOR MEMBERS OF THE REGULAR SERVICE, EXCEPT UNDER CIRCUMSTANCES NOT HERE INVOLVED. IN YOUR PRESENT LETTER YOU STATE THAT SINCE YOUR REENLISTMENT OCCURRED WITHIN 90 DAYS OF YOUR DISCHARGE AND WAS CONTINUOUS SERVICE, YOU BELIEVE SHIPMENT OF YOUR HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WAS AUTHORIZED UNDER PARAGRAPH 10-D-2 OF THE SAID EXECUTIVE ORDER.

PARAGRAPH 10-D-2, EXECUTIVE ORDER NO. 10053, PROVIDES FOR SHIPMENT OF HOUSEHOLD EFFECTS UNDER CIRCUMSTANCES AS FOLLOWS:

"FOR ENLISTED PERSONNEL OF THE FIRST FOUR GRADES WHO ARE DETACHED FROM A PERMANENT DUTY STATION WITHIN THE UNITED STATES FOR DISCHARGE, BUT REENLIST IN A GRADE FOR WHICH SHIPMENT OF HOUSEHOLD GOODS IS AUTHORIZED UNDER CONTINUOUS SERVICE (WITHIN 90 DAYS FROM DATE OF DISCHARGE) AT PLACE OF DISCHARGE, UPON RECEIPT OF ORDERS ASSIGNING THEM TO A NEW PERMANENT DUTY STATION, FROM THE LAST PERMANENT DUTY STATION TO THE NEW PERMANENT DUTY STATION.'

SINCE YOU DID NOT REENLIST AT PLACE OF DISCHARGE, AND SINCE THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS WAS NOT MADE UPON ASSIGNMENT TO A NEW STATION FOLLOWING REENLISTMENT AT PLACE OF DISCHARGE, IT SEEMS CLEAR THAT THE SHIPMENT WAS NOT MADE UNDER THE CIRCUMSTANCES PROVIDED FOR IN THE EXECUTIVE ORDER. ACCORDINGLY, THE SETTLEMENT OF MARCH 28, 1951, WAS CORRECT AND IS SUSTAINED.