B-142397, MAY 9, 1960

B-142397, MAY 9, 1960

TO MERRITT W. HOBBS, SKC, USN:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 13, 1960, REQUESTING REVIEW OF OUR SETTLEMENT OF MARCH 8, 1960, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN THE SHIPMENT OF YOUR HOUSEHOLD GOODS FROM LOS ANGELES, CALIFORNIA, TO PONTIAC, MICHIGAN, IN NOVEMBER 1957, LIMITED TO THE COST OF SHIPPING A LIKE WEIGHT FROM LOS ANGELES TO CHICAGO, ILLINOIS.

THE RECORD SHOWS THAT ON OCTOBER 23, 1957, YOU RECEIVED AUTHORIZATION FOR THE RETURN TRANSPORTATION OF YOUR DEPENDENTS AND SHIPMENT OF YOUR HOUSEHOLD GOODS TO THE UNITED STATES IN ADVANCE OF PERMANENT CHANGE OF STATION ORDERS. THE AUTHORIZATION FOR TRANSPORTATION OF YOUR DEPENDENTS WAS SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH 7009-3, JOINT TRAVEL REGULATIONS, WHICH SPECIFICALLY LIMITS TRANSPORTATION TO THE POINT OF DEBARKATION IN THE UNITED STATES. IN ADDITION, THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS WAS SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH 8010-2, CHANGE 39, OCTOBER 1, 1955, IN EFFECT AT THE TIME YOUR HOUSEHOLD GOODS WERE SHIPPED, WHICH SPECIFICALLY PROHIBITS SHIPMENT BEYOND THE POINT OF DEBARKATION IN THE UNITED STATES AND PROHIBITS STORAGE AT GOVERNMENT EXPENSE AFTER ARRIVAL IN THE UNITED STATES AND PRIOR TO RECEIPT BY YOU OF PERMANENT CHANGE OF STATION ORDERS. THESE RESTRICTIONS WERE CLEARLY SET FOURTH IN THE AUTHORIZATION FOR TRAVEL OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS WHICH YOU RECEIVED.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT THE SECRETARIES CONCERNED MAY PRESCRIBE REGULATIONS GOVERNING THE RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES TO TRANSPORTATION OF THEIR DEPENDENTS WHERE ORDERED TO MAKE A CHANGE OF PERMANENT STATION, AND TO TRANSPORTATION OF HOUSEHOLD GOODS IN CONNECTION WITH A CHANGE OF STATION (WHETHER TEMPORARY OR PERMANENT). IT IS FURTHER PROVIDED THAT THE SECRETARIES MAY AUTHORIZE THE MOVEMENT OF DEPENDENTS AND HOUSEHOLD GOODS WHEN PERMANENT CHANGE OF STATION ORDERS HAVE NOT BEEN ISSUED, OR IF ISSUED, ARE OF SUCH A NATURE THAT THEY CANNOT BE USED AS AUTHORITY FOR SUCH TRANSPORTATION. SUCH AUTHORITY IS LIMITED TO UNUSUAL OR EMERGENCY CIRCUMSTANCES.

SUBPARAGRAPHS 7009-3 AND 8010-2, JOINT TRAVEL REGULATIONS, ISSUED UNDER THE ABOVE-CITED LAW, PROVIDE FOR THE ADVANCE RETURN OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS OF MEMBERS OF THE UNIFORMED SERVICES FROM OVERSEAS TO THE UNITED STATES, AND REQUIRE THAT ORDERS DIRECTING ADVANCE RETURN OF DEPENDENTS AND HOUSEHOLD GOODS TO THE UNITED STATES SHALL SPECIFICALLY PROHIBIT SHIPMENT OF HOUSEHOLD GOODS BEYOND THE POINT OF DEBARKATION IN THE UNITED STATES. AFTER THE MEMBER HAS COMPLETED HIS CURRENT OVERSEAS TOUR OF DUTY AND IS TRANSFERRED TO ANOTHER OVERSEAS DUTY OF AT LEAST 18 MONTHS' DURATION OR TO A DUTY STATION IN THE UNITED STATES, FURTHER TRANSPORTATION IS AUTHORIZED, IF OTHERWISE PROPER, FROM THE PLACE WHERE THE HOUSEHOLD EFFECTS THEN ARE LOCATED TO THE NEW DUTY STATION OR ELSEWHERE, NOT TO EXCEED ENTITLEMENT FROM THE POINT OF DEBARKATION IN THE UNITED STATES TO WHICH RETURNED TO THE MEMBER'S NEW DUTY STATION.

AT THE TIME OF YOUR TRANSFER TO A NEW PERMANENT DUTY STATION IN CHICAGO, ILLINOIS, BY STANDARD TRANSFER ORDER NO. 0244-60, DATED SEPTEMBER 10, 1959, YOU WERE ENTITLED TO REIMBURSEMENT FOR SHIPPING YOUR HOUSEHOLD GOODS FROM ANY PLACE THEY MIGHT HAVE BEEN LOCATED AT THAT TIME, TO YOUR NEW PERMANENT DUTY STATION, CHICAGO, ILLINOIS, NOT TO EXCEED THE COST OF TRANSPORTATION FROM LOS ANGELES, CALIFORNIA, TO CHICAGO, ILLINOIS. YOU WERE NOT ENTITLED TO REIMBURSEMENT FOR ANY MOVEMENT OF HOUSEHOLD GOODS THAT OCCURRED PRIOR TO YOUR RECEIPT OF ORDERS CHANGING YOUR PERMANENT DUTY STATION. WHILE IT MAY BE THAT YOU MISUNDERSTOOD THE LANGUAGE OF YOUR DEPENDENT TRAVEL ORDER AND, FURTHER, THAT YOU WERE MISINFORMED BY CERTAIN NAVAL PERSONNEL WHOSE ADVICE YOU SOUGHT, HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES MAY BE TRANSPORTED AT GOVERNMENT EXPENSE ONLY AS AUTHORIZED BY APPLICABLE REGULATIONS. ACCORDINGLY, THE SETTLEMENT OF MARCH 8, 1960, MUST BE AND IS SUSTAINED.

WITH REFERENCE TO YOUR QUESTION AS TO WHERE YOU "GO NEXT," YOU ARE INFORMED THAT THE ACTION OF THIS OFFICE ON CLAIMS AGAINST THE UNITED STATES IS FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT. HOWEVER, INDEPENDENTLY OF THE ACTION OF THIS OFFICE, THE COURT OF CLAIMS OF THE UNITED STATES HAS JURISDICTION TO CONSIDER AND DETERMINE CERTAIN CLAIMS AGAINST THE GOVERNMENT IF FILED THERE WITHIN SIX YEARS FROM THE DATE THE CLAIM FIRST ACCRUES. 28 U.S.C. 262.