B-146368, AUG. 8, 1961

B-146368, AUG. 8, 1961

TO JOHN J. PLOCICA, CSC, 202 14 41:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 15, 1961, REQUESTING REVIEW OF OUR SETTLEMENT DATED APRIL 5, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF MOVING YOUR HOUSEHOLD EFFECTS FROM THE GOLDSBOROUGH HOUSING PROJECT, BAYONNE, NEW JERSEY, TO NEW GARDENS, QUEENS, LONG ISLAND, NEW YORK, AUGUST 29, 1960, INCIDENT TO YOUR SERVICE IN THE UNITED STATES NAVY.

BY ORDERS PREPARED AUGUST 30, 1957, YOU WERE TRANSFERRED FROM THE NEW YORK GROUP, ATLANTIC RESERVE FLEET, NSD, BAYONNE, NEW JERSEY, TO THE U.S.S. DAVIS (DD-937), NEWPORT, RHODE ISLAND, TO REPORT NOT LATER THAN NOVEMBER 5, 1957, FOR DUTY. AFTER YOU REPORTED TO THE COMMANDING OFFICER OF THE U.S.S. DAVIS (DD-937) THESE ORDERS WERE MODIFIED ON OCTOBER 25, 1957, SO THAT YOU WERE TO REPORT TO THE U.S.S. BRISTOL (DD 857) FOR DUTY BY ORDERS PREPARED NOVEMBER 25, 1959, YOU WERE TRANSFERRED FROM THE U.S.S. BRISTOL (DD-857) AT NEWPORT, RHODE ISLAND, TO THE U.S.S. FORREST ROYAL (DD -872), ALSO AT NEWPORT, TO REPORT FOR DUTY NOT LATER THAN NOVEMBER 30, 1959.

YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF MOVING YOUR HOUSEHOLD EFFECTS WAS DISALLOWED BY OUR SETTLEMENT FOR THE REASONS THAT THE REGULATIONS MAKE NO PROVISION FOR TRANSPORTATION OF HOUSEHOLD EFFECTS IN ANTICIPATION OF RETIREMENT PROCESSING, AND INASMUCH AS YOU CONTINUED YOUR RESIDENCE AT BAYONNE UNTIL AUGUST 1960, IT APPEARS THAT THE MOVE WAS FOR PERSONAL REASONS AND NOT INCIDENT TO A CHANGE OF PERMANENT DUTY STATION. IN YOUR REQUEST FOR REVIEW OF THAT SETTLEMENT YOU SAY THAT WHEN YOU WERE TRANSFERRED TO THE U.S.S. FORREST ROYAL (DD-872) YOU DECIDED TO MOVE YOUR RESIDENCE TO NEW YORK WHICH BROUGHT YOU CLOSER TO NEWPORT AND FOR REIMBURSEMENT PURPOSES IT CREATED A GREAT SAVINGS TO THE GOVERNMENT. YOUR ORIGINAL CLAIM YOU INDICATED THAT IT WAS IMPERATIVE THAT YOUR WIFE MOVE AT THE TIME SHE DID AND THE MOVE TO LONG ISLAND WAS MADE FOR THE REASON THAT YOU PLANNED TO RETIRE THERE UPON COMPLETION OF 20 YEARS' ACTIVE DUTY.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (C), PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS THE SECRETARIES MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR. PARAGRAPH 8000-6 OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT AUTHORITY, PROVIDES AMONG OTHER THINGS THAT A CHANGE OF STATION IS THE TRANSFER OF A MEMBER TO A DIFFERENT DUTY STATION (EVEN THOUGH WITHIN THE SAME CITY, TOWN, OR METROPOLITAN AREA) UNDER COMPETENT ORDERS AND INCLUDES A CHANGE IN THE HOME YARD OR HOME PORT OF A VESSEL. PARAGRAPH 8051 OF THE REGULATIONS PROVIDES THAT NECESSARY DRAYAGE OR HAULING OF HOUSEHOLD GOODS WITHIN PRESCRIBED WEIGHT ALLOWANCES IS AUTHORIZED AT GOVERNMENT EXPENSE FROM ONE AREA TO ANOTHER AREA WITHIN THE SAME METROPOLITAN AREA WHEN IN CONNECTION WITH A PERMANENT CHANGE OF STATION. THE RIGHT TO TRANSPORTATION OF HOUSEHOLD EFFECTS ACCRUES ONLY WHEN THE MOVEMENT IS INCIDENT TO A CHANGE OF RESIDENCE RESULTING FROM AN ORDERED CHANGE OF STATION. COMPARE 33 COMP. GEN. 431.

THE RECORD DOES NOT INDICATE THAT YOUR MOVE TO LONG ISLAND WAS NECESSITATED BY YOUR CHANGE OF STATION ALTHOUGH IT BROUGHT YOU SOMEWHAT CLOSER TO NEWPORT. RATHER, IT APPEARS THAT THE MOVE WAS DUE TO CIRCUMSTANCES WHICH MADE IT IMPERATIVE THAT YOUR WIFE MOVE FROM THE GOLDSBOROUGH HOUSING PROJECT. IT IS NOTED THAT THE MOVE WAS NOT MADE UNTIL MORE THAN TWO YEARS AND TEN MONTHS AFTER YOU WERE FIRST TRANSFERRED TO A VESSEL BASED AT NEWPORT. WHILE DELAY IN RELOCATING A MEMBER'S HOUSEHOLD INCIDENT TO A PERMANENT CHANGE OF STATION DOES NOT OF ITSELF BAR REIMBURSEMENT TO HIM OF THE COST OF SUCH MOVE WHEN MADE, SUCH DELAY, COUPLED WITH THE FACT THAT THE MOVE WAS TO ANOTHER LOCATION WITHIN THE SAME METROPOLITAN AREA, IS FURTHER EVIDENCE THAT IT WAS NOT THE RESULT OF YOUR PERMANENT CHANGE OF STATION. ACCORDINGLY, IN THE ABSENCE OF A SHOWING THAT YOUR CHANGE OF STATION REQUIRED YOU TO RELOCATE YOUR RESIDENCE, THERE IS NO AUTHORITY UNDER THE LAW AND REGULATIONS TO REIMBURSE YOU FOR THE COST OF THE MOVE FROM BAYONNE TO LONG ISLAND.

WITH REGARD TO YOUR STATEMENT THAT YOU PLANNED TO RETIRE IN LONG ISLAND AFTER COMPLETING 20 YEARS OF SERVICE, PARAGRAPH 8009-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT HOUSEHOLD GOODS MAY NOT BE SHIPPED AT GOVERNMENT EXPENSE PRIOR TO THE ISSUANCE OF ORDERS, INCLUDING THE MOVE FROM THE LAST STATION TO HOME, 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. NO SUCH DETERMINATION HAS BEEN FURNISHED US CONCERNING THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS IN CONNECTION WITH YOUR RETIREMENT FROM THE SERVICE. NEITHER DOES THE RECORD BEFORE US SHOW THAT ORDERS FOR YOUR RETIREMENT HAVE BEEN ISSUED.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD THE SETTLEMENT OF APRIL 5, 1961, WAS CORRECT AND IS SUSTAINED.