B-145952, JUL. 10, 1961

B-145952: Jul 10, 1961

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YOUR CLAIM WAS DISALLOWED BY OUR OFFICE ON MAY 12. FOR THE REASON THAT THE SHIPMENT WAS MADE PRIOR TO ORDERS DISCHARGING YOU FROM THE UNITED STATES MARINE CORPS. AS THE REGULATIONS DO NOT AUTHORIZE OUR OFFICE TO MAKE SUCH A DETERMINATION WE NECESSARILY CONCLUDED THAT THERE IS NO PROPER BASIS UPON WHICH WE MAY GIVE THE CLAIM FAVORABLE CONSIDERATION. BY REASON OF HARDSHIP WAS DUE TO YOUR WIFE'S ILLNESS AND. WE MUST AGAIN ADVISE YOU THAT UNDER THE PROVISIONS OF PARAGRAPH 8009-1 OF THE JOINT TRAVEL REGULATIONS SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IN ADVANCE OF ORDERS IS AUTHORIZED ONLY IN CASE OF EMERGENCY. IN YOUR CASE THE MARINE CORPS IS THE APPROPRIATE SERVICE CONCERNED TO MAKE SUCH A DETERMINATION AND IF YOU WISH TO PURSUE THE DETERMINATION MATTER FURTHER YOU SHOULD WRITE TO HEADQUARTERS.

B-145952, JUL. 10, 1961

TO MR. JOSEPH A. DITROIA:

YOUR LETTER OF JUNE 13, 1961, TO THE PRESIDENT OF THE UNITED STATES, CONCERNING YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM WILMINGTON, NORTH CAROLINA, TO BETHLEHEM, PENNSYLVANIA, HAS BEEN REFERRED TO OUR OFFICE FOR REPLY.

YOUR CLAIM WAS DISALLOWED BY OUR OFFICE ON MAY 12, 1961, FOR THE REASON THAT THE SHIPMENT WAS MADE PRIOR TO ORDERS DISCHARGING YOU FROM THE UNITED STATES MARINE CORPS. BY LETTER OF JUNE 9, 1961, B-145952, TO THE HONORABLE FRANCIS E. WALTER, HOUSE OF REPRESENTATIVES, WE EXPLAINED WHY, ON THE RECORD BEFORE US, YOUR CLAIM MAY NOT BE ALLOWED. WE POINTED OUT THAT UNDER THE PROVISIONS OF PARAGRAPH 8009-1 OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (C), HOUSEHOLD GOODS MAY NOT BE SHIPPED AT GOVERNMENT EXPENSE PRIOR TO ISSUANCE OF ORDERS EXCEPT IN CASE OF EMERGENCY, EXIGENCY OF THE SERVICE, OR SERVICE NECESSITY, AS DETERMINED BY THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED. SINCE IT DID NOT APPEAR THAT THE MARINE CORPS HAD MADE ANY DETERMINATION THAT AN EMERGENCY EXISTED IN YOUR CASE AS REQUIRED BY PARAGRAPH 8009-1 AND HAD APPROVED THE CLAIM FOR PAYMENT ON THAT BASIS, AND AS THE REGULATIONS DO NOT AUTHORIZE OUR OFFICE TO MAKE SUCH A DETERMINATION WE NECESSARILY CONCLUDED THAT THERE IS NO PROPER BASIS UPON WHICH WE MAY GIVE THE CLAIM FAVORABLE CONSIDERATION.

IN YOUR LETTER OF JUNE 13, 1961, YOU INDICATE THAT YOUR DISCHARGE ON MARCH 23, 1961, BY REASON OF HARDSHIP WAS DUE TO YOUR WIFE'S ILLNESS AND, IN THE CIRCUMSTANCES OF YOUR CASE, DEPLORE THE NEED FOR UNFAVORABLE ACTION ON YOUR CLAIM. ALSO, YOU ASK WHO HAS THE AUTHORITY TO MAKE THE DETERMINATION THAT AN EMERGENCY EXISTED IN YOUR CASE.

WHILE APPRECIATING YOUR FEELINGS IN THIS MATTER, WE MUST AGAIN ADVISE YOU THAT UNDER THE PROVISIONS OF PARAGRAPH 8009-1 OF THE JOINT TRAVEL REGULATIONS SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IN ADVANCE OF ORDERS IS AUTHORIZED ONLY IN CASE OF EMERGENCY, EXIGENCY OF THE SERVICE, OR SERVICE NECESSITY, AS DETERMINED BY THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED. IN YOUR CASE THE MARINE CORPS IS THE APPROPRIATE SERVICE CONCERNED TO MAKE SUCH A DETERMINATION AND IF YOU WISH TO PURSUE THE DETERMINATION MATTER FURTHER YOU SHOULD WRITE TO HEADQUARTERS, U.S. MARINE CORPS, WASHINGTON 25, D.C. IN THE EVENT THE MARINE CORPS DETERMINES THAT AN EMERGENCY WITHIN THE MEANING OF THE REGULATIONS EXISTED IN YOUR CASE, WE WILL GIVE YOUR CLAIM FURTHER CONSIDERATION. WE TRUST YOU WILL UNDERSTAND, HOWEVER, THAT IN THE ABSENCE OF SUCH A DETERMINATION, THERE IS NO BASIS WHATEVER FOR VIEWING THE EARLY SHIPMENT OF YOUR HOUSEHOLD EFFECTS AS HAVING BEEN AUTHORIZED BY THE GOVERNING REGULATIONS.