B-147633, DEC. 12, 1961

B-147633, DEC. 12, 1961

TO LIEUTENANT COLONEL JOHN E. BUFFIN, USAF (RETIRED):

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 8, 1961, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR $505.71 AS REIMBURSEMENT OF THE COST OF SHIPPING YOUR HOUSEHOLD GOODS FROM BARKSDALE AIR FORCE BASE, LOUISIANA, TO SAN ANTONIO, TEXAS, WHICH CLAIM WAS DISALLOWED BY SETTLEMENT DATED APRIL 4, 1961.

THE RECORD SHOWS THAT BY HEADQUARTERS SECOND AIR FORCE (SAC) LETTER DATED APRIL 12, 1960, ENTITLED "CONTROLLED RETIREMENT OF RESERVE OFFICERS" YOU WERE ADVISED THAT A TENTATIVE SEPARATION DATE OF JANUARY 31, 1961, HAD BEEN ESTABLISHED FOR YOU. YOUR RELEASE FROM ASSIGNMENT AT BARKSDALE AIR FORCE BASE, LOUISIANA, EFFECTIVE JANUARY 21, 1961, AND RETIREMENT THE NEXT DAY WAS EFFECTED BY PARAGRAPH 2, DEPARTMENT OF THE AIR FORCE SPECIAL ORDERS NO. C-1382, DATED DECEMBER 19, 1960. BEFORE THOSE ORDERS WERE ISSUED, HOWEVER, YOU EXECUTED AN APPLICATION FOR SHIPMENT OF HOUSEHOLD EFFECTS ASKING THAT THEY BE SHIPPED 150 DAYS PRIOR TO SEPARATION, CITING PARAGRAPH 90102 AIR FORCE MANUAL 75-1. YOU STATED THAT YOUR CURRENT STATION WAS BARKSDALE AIR FORCE BASE, AND THAT YOUR HOME OF SELECTION WOULD BE SAN ANTONIO, TEXAS. ALSO, YOU AGREED TO REMIT THE ENTIRE COST OF SHIPMENT IF THE SEPARATION ORDERS WHICH WOULD AUTHORIZE SHIPMENT WERE NOT ISSUED. YOUR REQUEST WAS DENIED BY 5TH INDORSEMENT DATED AUGUST 10, 1960, ON THE BASIS OF PARAGRAPH 8009 1 OF THE JOINT TRAVEL REGULATIONS WHICH LIMITS ADVANCE SHIPMENTS TO CASES OF EMERGENCY, EXIGENCY OF THE SERVICE, OR SERVICE NECESSITY AND PARAGRAPH 90102A, AIR FORCE MANUAL 75-1, WHICH RESTRICTS SUCH SHIPMENTS TO 90 DAYS PRIOR TO DISCHARGE OR RETIREMENT. THE RECORD INDICATES YOU WERE ADVISED THERE WAS NO LEGAL BASIS FOR SHIPMENT OF YOUR EFFECTS AT PUBLIC EXPENSE AT THE TIME SHIPMENT WAS DESIRED. AUGUST 30, 1960, YOU SHIPPED YOUR EFFECTS AT PERSONAL EXPENSE. IN YOUR PRESENT LETTER YOU POINT OUT THAT IN APPLYING FOR EARLY SHIPMENT YOU AGREED TO REIMBURSE THE GOVERNMENT IF THE ANTICIPATED ORDERS WERE NOT ISSUED, AND EXPRESS THE BELIEF THAT THE GOVERNMENT HAS A MORAL OBLIGATION TO REIMBURSE YOU FOR THE COST INCURRED.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED (37 U.S.C. 253 (C) (, PROVIDES THAT IN CONNECTION WITH A CHANGE OF STATION MEMBERS SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH 8009-1 OF THE JOINT TRAVEL REGULATIONS IN EFFECT AT THE TIME HERE INVOLVED PROVIDES 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. PARAGRAPH 90102A, AIR FORCE MANUAL 75-1, THEN IN EFFECT, PROVIDES THAT MAJOR AIR COMMANDS ARE AUTHORIZED TO APPROVE APPLICATIONS FOR SHIPMENT OF HOUSEHOLD GOODS PURSUANT TO PARAGRAPH 8009-1, JOINT TRAVEL REGULATIONS, WITHIN 90 DAYS PRIOR TO DATE OF SEPARATION FOR MEMBERS EXPECTING SEPARATION (DISCHARGE, RELIEF FROM ACTIVE DUTY, RESIGNATION OR RETIREMENT) SUBJECT TO CERTAIN CONDITIONS. THOSE CONDITIONS, EIGHT IN NUMBER, INCLUDE (1) REASONABLE JUSTIFICATION SIGNED BY THE APPLICANT; (2) A WRITTEN STATEMENT BY APPROPRIATE AUTHORITY THAT SEPARATION ORDERS WILL BE ISSUED ON OR BEFORE A SPECIFIED DATE; AND (3) WRITTEN AGREEMENT SIGNED BY APPLICANT TO REMIT ENTIRE COST OF SHIPMENT IF SEPARATION OR OTHER ORDERS WHICH WOULD AUTHORIZE SHIPMENT WERE NOT SUBSEQUENTLY ISSUED. THUS, THE LATTER AGREEMENT WAS SIMPLY ONE OF SEVERAL CONDITIONS APPLICABLE IF SHIPMENT WERE APPROVED TO BE MADE WITHIN 90 DAYS OF ORDERS. IN NO CASES WAS APPROVAL OF EARLY SHIPMENT AUTHORIZED IF MADE MORE THAN 90 DAYS PRIOR TO DATE OF SEPARATION. THE AIR FORCE IN DENYING YOUR APPLICATION POINTED OUT THAT SHIPMENTS MADE IN ADVANCE OF ORDERS MUST BE BASED ON A KNOWN ORDER THEN IN PROCESS AND THAT RETIREMENT ACTION IN YOUR CASE HAD NOT PROGRESSED TO THAT POINT.

THE PROVISIONS OF THE REGULATIONS AUTHORIZING CERTAIN SHIPMENTS OF HOUSEHOLD EFFECTS IN ADVANCE OF ORDERS CONTEMPLATE SHIPMENT DURING THE COMPARATIVELY SHORT PERIOD OF TIME BETWEEN THE TIME OF DETERMINATION TO ORDER A MEMBER TO MAKE A CHANGE OF STATION AND THE DATE ON WHICH ORDERS DIRECTING SUCH CHANGE ACTUALLY ARE ISSUED. GENERAL INFORMATION AS TO THE TIME OF EVENTUAL RELEASE FROM ACTIVE DUTY OR RETIREMENT, EVEN IF CORRECT, AS WAS THE CASE HERE, IS INSUFFICIENT TO MEET THE REQUIREMENTS OF THE REGULATION. 34 COMP. GEN. 241. WHILE YOU MAY FEEL THAT THERE IS A MORAL OBLIGATION ON THE PART OF THE GOVERNMENT TO PAY FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS UPON TERMINATION OF YOUR ACTIVE SERVICE, THIS OFFICE HAS NO JURISDICTION TO SETTLE CLAIMS EXCEPT ON THE BASIS OF LAW. SINCE THERE IS NO LEGAL BASIS FOR PAYMENT OF YOUR CLAIM THE SETTLEMENT OF APRIL 4, 1961, WAS CORRECT AND IS SUSTAINED.