B-143599, OCT. 20, 1960

B-143599: Oct 20, 1960

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RETIRED: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 17. YOU WERE DIRECTED TO RETURN TO DUTY AT THE NORFOLK NAVAL SHIPYARD. YOU WERE TRANSFERRED TO THE NAVAL HOSPITAL. YOUR HOUSEHOLD EFFECTS WERE SHIPPED AT PERSONAL EXPENSE ON APRIL 1. THE JOINT TRAVEL REGULATIONS PROMULGATED BY THE SECRETARIES PURSUANT TO THAT ACT SPECIFICALLY PROVIDE (PARAGRAPH 8009-1) THAT SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO ISSUANCE OF ORDERS "EXCEPT IN CASE OF EMERGENCY. NO AUTHORITY EXISTS FOR THE ALLOWANCE OF YOUR CLAIM IN THE ABSENCE OF A DETERMINATION BY AN APPROPRIATE OFFICIAL OF THE DEPARTMENT OF THE NAVY THAT SHIPMENT OF YOUR HOUSEHOLD GOODS PRIOR TO PERMANENT CHANGE OF STATION ORDERS WAS DUE TO AN EMERGENCY.

B-143599, OCT. 20, 1960

TO MR. JAMES Q. BARNARD, SK1, USN, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 17, 1960, ADDRESSED TO THE OFFICER IN CHARGE, U.S. NAVY REGIONAL ACCOUNTS OFFICE, WASHINGTON 25, D.C., AND YOUR LETTER OF SEPTEMBER 10, 1960, IN EFFECT REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF JANUARY 26, 1960, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM PORTSMOUTH, VIRGINIA, TO ST. PETERSBURG, FLORIDA.

BY ORDERS PREPARED MARCH 31, 1959, YOU WERE DIRECTED TO RETURN TO DUTY AT THE NORFOLK NAVAL SHIPYARD, PORTSMOUTH, VIRGINIA, AFTER COMPLETION OF A PERIOD OF TEMPORARY DUTY UNDER TREATMENT AT THE NAVAL HOSPITAL AT PORTSMOUTH. BY ORDERS PREPARED APRIL 8, 1959, YOU WERE TRANSFERRED TO THE NAVAL HOSPITAL, PHILADELPHIA, PENNSYLVANIA, FOR FURTHER TREATMENT AND DISPOSITION. ORDERS DATED SEPTEMBER 21, 1959, ADDRESSED TO YOU BY THE CHIEF OF NAVAL PERSONNEL PLACED YOU ON THE TEMPORARY DISABILITY RETIRED LIST EFFECTIVE OCTOBER 1, 1959. YOUR HOUSEHOLD EFFECTS WERE SHIPPED AT PERSONAL EXPENSE ON APRIL 1, 1959, FROM PORTSMOUTH, VIRGINIA, TO ST. PETERSBURG, FLORIDA, YOUR SELECTED HOME.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED, IN CONNECTION WITH A CHANGE OF STATION, TO TRANSPORTATION OF HOUSEHOLD EFFECTS TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES. THE JOINT TRAVEL REGULATIONS PROMULGATED BY THE SECRETARIES PURSUANT TO THAT ACT SPECIFICALLY PROVIDE (PARAGRAPH 8009-1) THAT SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO ISSUANCE OF ORDERS "EXCEPT IN CASE OF EMERGENCY, EXIGENCY OF THE SERVICE, OR WHEN REQUIRED BY SERVICE NECESSITY," AS DETERMINED BY THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED. HENCE, NO AUTHORITY EXISTS FOR THE ALLOWANCE OF YOUR CLAIM IN THE ABSENCE OF A DETERMINATION BY AN APPROPRIATE OFFICIAL OF THE DEPARTMENT OF THE NAVY THAT SHIPMENT OF YOUR HOUSEHOLD GOODS PRIOR TO PERMANENT CHANGE OF STATION ORDERS WAS DUE TO AN EMERGENCY, EXIGENCY OF THE SERVICE, OR REQUIRED BY SERVICE NECESSITY. THE RECORDS DO NOT SHOW THAT SUCH A DETERMINATION WAS MADE IN YOUR CASE.

ACCORDINGLY, THE SETTLEMENT OF JANUARY 26, 1960, WAS CORRECT AND IS SUSTAINED.

IN YOUR LETTER OF FEBRUARY 17, 1960, YOU ASK FOR AN EXPLANATION AS TO WHY YOU WERE QUALIFIED TO RECEIVE REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM PORTSMOUTH, VIRGINIA, TO ST. PETERSBURG, FLORIDA, ON APRIL 1, 1959, AND NOT ENTITLED TO REIMBURSEMENT OF THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS ON THE SAME DATE AND BETWEEN THE SAME PLACES. THE RECORD SHOWS THAT YOU WERE PAID BY THE DEPARTMENT OF THE NAVY $53.28 FOR THE TRAVEL OF YOUR DEPENDENTS FROM PORTSMOUTH TO ST. PETERSBURG. PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS SPECIFICALLY PRECLUDES PAYMENT TO MEMBERS FOR TRAVEL OF THEIR DEPENDENTS "WHERE THE DEPENDENTS DEPARTED OLD PERMANENT STATION PRIOR TO THE ISSUANCE OF ORDERS, AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED.' SINCE IT DOES NOT APPEAR THAT YOU WERE SO ADVISED AND THAT THE REQUIRED CERTIFICATE WAS ISSUED IN YOUR CASE, THE PAYMENT MADE TO YOU BY THE DEPARTMENT OF THE NAVY FOR THE TRAVEL OF YOUR DEPENDENTS WAS IMPROPERLY MADE.