B-143465, AUG. 26, 1960

B-143465, AUG. 26, 1960

TO CAPTAIN JOSEPH JOHN BOCK, USAF-MC:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JUNE 20, 1960, RELATIVE TO OUR SETTLEMENT DATED JUNE 16, 1960, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SERVICES AND TRANSPORTATION OF HOUSEHOLD EFFECTS FROM PLACE OF RESIDENCE TO STORAGE PRIOR TO YOUR REPORTING FOR DUTY WITH THE UNITED STATES AIR FORCE.

BY LETTER DATED MAY 15 1959, YOU WERE ADVISED, IN CONNECTION WITH YOUR APPLICATION FOR APPOINTMENT TO THE AIR FORCE MEDICAL SERVICE, THAT IT WAS DETERMINED YOU WERE PHYSICALLY AND PROFESSIONALLY QUALIFIED FOR APPOINTMENT AND IF YOUR WERE FINALLY SELECTED AND TENDERED AN APPOINTMENT, YOU WOULD BE SCHEDULED FOR ACTIVE DUTY IN SEPTEMBER 1959. SPECIAL ORDERS NO. A-4455, DATED AUGUST 4, 1959, WHICH ORDERED YOU TO ACTIVE DUTY EFFECTIVE SEPTEMBER 11, 1959, STATED THAT YOU HAD RECEIVED AND ACCEPTED YOUR RESERVE APPOINTMENT JUNE 25, 1959. THE ORDERS PLACED YOU TEMPORARY DUTY PENDING FURTHER ORDERS AT HEADQUARTERS SCHOOL OF AVIATION MEDICINE, BROOKS AIR FORCE BASE, TEXAS, FOR APPROXIMATELY NINE WEEKS TO ATTEND THE PRIMARY COURSE IN AVIATION MEDICINE, WITH APPROXIMATELY TWENTY-EIGHT DAYS' TEMPORARY DUTY EN ROUTE AT GUNTER AIR FORCE BASE, ALABAMA, TO ATTEND THE MEDICAL SERVICE OFFICERS ORIENTATION COURSE. INVOICE NO. 24361 OF THE TROWBRIDGE STORAGE COMPANY SHOWS THAT THE INCIDENTAL SERVICES, TRANSPORTATION AND STORAGE OF 3,150 POUNDS OF YOUR HOUSEHOLD EFFECTS WERE ORDERED ON JUNE 4, 1959, ALTHOUGH NOT PERFORMED UNTIL JUNE 29, 1959, WHICH WAS AFTER YOU HAD ACCEPTED YOUR COMMISSION BUT PRIOR TO THE ORDERS TO ACTIVE DUTY.

YOU STATE THAT YOUR CLAIM IS FOR PRE-STORAGE EXPENSES UPON ENTERING ON ACTIVE DUTY IN THE AIR FORCE AND NOT INCIDENT TO CHANGE OF STATION AS STATED IN OUR SETTLEMENT OF JUNE 16, 1960. HOWEVER, ANY RIGHT YOU MAY HAVE HAD TO SHIP YOUR HOUSEHOLD EFFECTS RELATES TO THE CHANGE OF STATION FROM HOME TO FIRST DUTY STATION.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 8009-1 OF THOSE REGULATIONS PROVIDES THAT SHIPMENT OF HOUSEHOLD GOODS PRIOR TO ISSUANCE OF ORDERS IS NOT AUTHORIZED UNLESS THERE IS AN ADMINISTRATIVE DETERMINATION THAT THE SHIPMENT WAS DUE TO AN EMERGENCY, EXIGENCY OF THE SERVICE, OR REQUIRED BY SERVICE NECESSITY. NO SUCH DETERMINATION WITH RESPECT TO THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS FROM YOUR RESIDENCE TO STORAGE PRIOR TO THE ISSUANCE OF THE ORDERS OF AUGUST 4, 1959, DIRECTING YOU TO REPORT FOR ACTIVE DUTY HAS BEEN FURNISHED, NOR DOES IT APPEAR THAT SUCH A DETERMINATION WOULD BE APPROPRIATE IN THE CIRCUMSTANCES IN YOUR CASE. RATHER, IT APPEARS THAT THE STORAGE OF YOUR HOUSEHOLD EFFECTS WAS ORDERED FOR YOUR PERSONAL CONVENIENCE PENDING THE PROCESSING OF YOUR APPLICATION FOR APPOINTMENT IN THE AIR FORCE RESERVE AND THE ISSUANCE OF ORDERS FOR YOU TO REPORT FOR ACTIVE DUTY. THEREFORE, SINCE YOUR EFFECTS WERE PLACED IN STORAGE PRIOR TO ISSUANCE OF ORDERS, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM BY THE SETTLEMENT DATED JUNE 16, 1960, IS SUSTAINED.

WITH RESPECT TO YOUR REQUEST THAT THE CLAIM DOCUMENTS BE RETURNED TO YOU, YOU ARE ADVISED THAT, EXCEPT FOR YOUR ORDERS WHICH ARE RETURNED HEREWITH, IT WILL BE NECESSARY TO RETAIN THE CLAIM DOCUMENTS HERE SINCE THEY CONSTITUTE A PART OF THE RECORD ON WHICH THE SETTLEMENT DISALLOWING YOUR CLAIM WAS BASED, WHICH ACTION IS FINAL AND CONCLUSIVE ON THE EXECUTIVE BRANCH OF THE GOVERNMENT. I GAO MANUAL 3030.10; 8 ID. 2010.10 AND 20.