B-141951, APR. 7, 1960

B-141951: Apr 7, 1960

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TRUDEAU: REFERENCE IS MADE TO YOUR LETTER OF MARCH 14. IT APPARENTLY BEING YOUR VIEW THAT A SERVICE MEMBER IS ENTITLED TO BE REIMBURSED FOR TRANSPORTING A HOUSE TRAILER IN ANY CASE IN WHICH HE WOULD OTHERWISE BE ENTITLED TO SHIPMENT OF HIS HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE. YOU EXPRESS THE VIEW THAT THE CONDITION OF PERMANENT CHANGE OF STATION IMPOSED BY THE JOINT TRAVEL REGULATIONS SHOULD NOT BE CONSIDERED AS AFFECTING YOUR CLAIM SINCE YOU WOULD OTHERWISE HAVE BEEN ENTITLED TO SHIP YOUR HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE. THE BASIS FOR YOUR PRESENT CLAIM IS THAT UNDER PARAGRAPH 10002-1 TO 4. PAYMENT OF TRAILER ALLOWANCE WAS AUTHORIZED UPON PERMANENT CHANGE OF STATION. WHEN ALL THE PRESCRIBED CONDITIONS WERE MET.

B-141951, APR. 7, 1960

TO AIRMAN FIRST CLASS PERCY J. TRUDEAU:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 14, 1960, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR TRAILER ALLOWANCE FOR MOVING YOUR TRAILER FROM NOVATO, CALIFORNIA, TO AURORA, COLORADO, INCIDENT TO ORDERS OF DECEMBER 4, 1958, AS AMENDED BY ORDERS DATED DECEMBER 15, 1958, WHICH TRANSFERRED YOU FROM YOUR DUTY STATION AT HAMILTON AIR FORCE BASE, CALIFORNIA, TO THE FITZSIMONS ARMY HOSPITAL, DENVER, COLORADO, FOR TREATMENT.

BY SETTLEMENT DATED DECEMBER 16, 1959, OUR CLAIMS DIVISION DISALLOWED YOUR CLAIM FOR THE REASON THAT THE JOINT TRAVEL REGULATIONS IN EFFECT AT THE TIME DID NOT AUTHORIZE PAYMENT OF TRAILER ALLOWANCE TO A MEMBER UPON HIS TRANSFER FROM A STATION IN THE UNITED STATES TO A HOSPITAL FOR PROLONGED TREATMENT. IN YOUR LETTER YOU INDICATE YOUR DISAGREEMENT WITH THE ACTION TAKEN ON YOUR CLAIM, IT APPARENTLY BEING YOUR VIEW THAT A SERVICE MEMBER IS ENTITLED TO BE REIMBURSED FOR TRANSPORTING A HOUSE TRAILER IN ANY CASE IN WHICH HE WOULD OTHERWISE BE ENTITLED TO SHIPMENT OF HIS HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE.

SPECIFICALLY, YOU STATE THAT PARAGRAPH 10002-1 OF THE JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME OF YOUR REASSIGNMENT TO THE FITZSIMONS ARMY HOSPITAL, REQUIRED A PERMANENT CHANGE OF STATION AS A CONDITION FOR TRAILER ALLOWANCE ENTITLEMENT; ALSO, YOU UNDERSTAND THAT A REASSIGNMENT FROM A STATION IN THE UNITED STATES TO A HOSPITAL FOR PROLONGED TREATMENT MAY NOT BE CONSIDERED A PERMANENT CHANGE OF STATION. HOWEVER, YOU EXPRESS THE VIEW THAT THE CONDITION OF PERMANENT CHANGE OF STATION IMPOSED BY THE JOINT TRAVEL REGULATIONS SHOULD NOT BE CONSIDERED AS AFFECTING YOUR CLAIM SINCE YOU WOULD OTHERWISE HAVE BEEN ENTITLED TO SHIP YOUR HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE.

AS UNDERSTOOD HERE, THE BASIS FOR YOUR PRESENT CLAIM IS THAT UNDER PARAGRAPH 10002-1 TO 4, JOINT TRAVEL REGULATIONS, EFFECTIVE MAY 1, 1958, PAYMENT OF TRAILER ALLOWANCE WAS AUTHORIZED UPON PERMANENT CHANGE OF STATION, AND WHEN ALL THE PRESCRIBED CONDITIONS WERE MET. IT APPEARS THAT WHILE YOU APPARENTLY CONCEDE THE FACT THAT YOUR ORDERS DID NOT CONSTITUTE A "PERMANENT CHANGE OF STATION," YOU NEVERTHELESS CONTEND THAT SUCH FACT SHOULD NOT BAR THE ALLOWANCE OF YOUR CLAIM.

WE HAVE CAREFULLY RECONSIDERED THE MATTER IN THE LIGHT OF YOUR CONTENTIONS, HOWEVER, WE MUST ADHERE TO OUR PREVIOUS ACTION SINCE WE FIND NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. THE REGULATIONS IN EFFECT PRIOR TO JANUARY 1, 1960, MADE NO PROVISION FOR PAYMENT OF TRAILER ALLOWANCE UNDER CIRCUMSTANCES SUCH AS ARE INVOLVED IN YOUR CASE. PAYMENT OF A CLAIM MAY BE AUTHORIZED ONLY ON THE BASIS OF CLEARLY ESTABLISHED LIABILITY ON THE PART OF THE GOVERNMENT.

UPON CONSIDERATION OF ALL THE FACTS AND CIRCUMSTANCES IN THIS CASE, WE CONCLUDE THAT THE ACTION TAKEN IN THE SETTLEMENT OF DECEMBER 16, 1959, WAS CORRECT, AND IS SUSTAINED.