B-147826, JAN. 18, 1962

B-147826: Jan 18, 1962

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USN: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 13. IN SUPPORT OF YOUR CLAIM YOU HAVE SUBMITTED FLEET RESERVE TRANSFER AUTHORIZATIONS DATED MAY 5 AND SEPTEMBER 14. BOTH OF WHICH STATE THAT YOUR TRANSFER TO THE FLEET RESERVE IS AUTHORIZED EFFECTIVE NOT EARLIER THAN APRIL 20. YOUR CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT DATED DECEMBER 7. FOR THE REASON THAT THE SHIPMENT OF YOUR HOUSEHOLD GOODS WAS MADE PRIOR TO ORDERS EFFECTING YOUR RELEASE FROM ACTIVE DUTY AND TRANSFER TO THE FLEET RESERVE AND WAS NOT SUPPORTED BY AN ADMINISTRATIVE DETERMINATION OF NECESSITY FOR THE SHIPMENT. THIS VIEW OF "EMERGENCY" APPARENTLY IS PREDICATED ON YOUR PAST STATEMENTS OF THE FINANCIAL HARDSHIPS YOU INCURRED IN PAYING RENT IN ARLINGTON.

B-147826, JAN. 18, 1962

TO RAYMOND C. HENDON, YN1, USN:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 13, 1961, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT DATED DECEMBER 7, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPPING YOUR HOUSEHOLD GOODS FROM ARLINGTON, VIRGINIA, TO SMYRNA, TENNESSEE, PRIOR TO ISSUANCE OF ORDERS EFFECTING YOUR RELEASE FROM ACTIVE DUTY.

THE RECORD SHOWS THAT YOU SHIPPED YOUR HOUSEHOLD GOODS, WEIGHING 5,710 POUNDS, ON MAY 8, 1961, BY COMMERCIAL VAN FROM ARLINGTON, VIRGINIA, TO SMYRNA, TENNESSEE, AT PERSONAL EXPENSE OF $516.86. YOU APPARENTLY MADE THIS SHIPMENT IN CONNECTION WITH A CONTEMPLATED FUTURE TRANSFER TO THE FLEET RESERVE. IN SUPPORT OF YOUR CLAIM YOU HAVE SUBMITTED FLEET RESERVE TRANSFER AUTHORIZATIONS DATED MAY 5 AND SEPTEMBER 14, 1961, BOTH OF WHICH STATE THAT YOUR TRANSFER TO THE FLEET RESERVE IS AUTHORIZED EFFECTIVE NOT EARLIER THAN APRIL 20, 1962, BUT DO NOT SPECIFY ANY DATE FOR SUCH TRANSFER. YOUR CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT DATED DECEMBER 7, 1961, FOR THE REASON THAT THE SHIPMENT OF YOUR HOUSEHOLD GOODS WAS MADE PRIOR TO ORDERS EFFECTING YOUR RELEASE FROM ACTIVE DUTY AND TRANSFER TO THE FLEET RESERVE AND WAS NOT SUPPORTED BY AN ADMINISTRATIVE DETERMINATION OF NECESSITY FOR THE SHIPMENT.

IN YOUR REQUEST FOR REVIEW YOU STATE THAT YOU FEEL THAT YOUR CASE CONSTITUTED AN "EMERGENCY" WITHIN THE CONTEMPLATION OF PARAGRAPH 8009 1 OF THE JOINT TRAVEL REGULATIONS, AS A BASIS FOR THE EARLY SHIPMENT OF HOUSEHOLD GOODS. THIS VIEW OF "EMERGENCY" APPARENTLY IS PREDICATED ON YOUR PAST STATEMENTS OF THE FINANCIAL HARDSHIPS YOU INCURRED IN PAYING RENT IN ARLINGTON, VIRGINIA, AND ALSO MAKING PAYMENTS ON YOUR NEW HOME IN SMYRNA, TENNESSEE, AT THE SAME TIME. APPARENTLY ON SUCH BASIS YOU FEEL THAT AN "EMERGENCY" EXISTED WARRANTING THE EARLY SHIPMENT OF YOUR HOUSEHOLD GOODS TO SMYRNA, TENNESSEE.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (C), PROVIDES IN PART THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES "WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION" SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR, AND THAT WHEN ORDERS DIRECTING A PERMANENT CHANGE OF STATION HAVE NOT BEEN ISSUED, THE SECRETARIES CONCERNED, MAY NEVERTHELESS, AUTHORIZE THE MOVEMENT OF A MEMBER'S HOUSEHOLD GOODS UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES. ALSO PROVIDES THAT MEMBERS SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS UPON SEPARATION FROM THE SERVICE FROM LAST DUTY STATION TO HOME. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 8009-1 (CHANGE 85) OF THESE REGULATIONS SPECIFICALLY PROVIDES THAT HOUSEHOLD GOODS MAY NOT BE SHIPPED AT GOVERNMENT EXPENSE PRIOR TO ISSUANCE OF ORDERS EXCEPT UPON DETERMINATION OF THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED THAT SHIPMENT IN ADVANCE OF ORDERS IS NECESSARY BECAUSE OF EMERGENCY, EXIGENCY OF THE SERVICE, OR SERVICE NECESSITY.

WITH RESPECT TO YOUR CONTENTION THAT THE FINANCIAL HARDSHIP IN PAYING RENT IN ARLINGTON, VIRGINIA, AND ALSO MAKING PAYMENTS ON A NEW HOME IN SMYRNA, TENNESSEE, CONSTITUTED AN EMERGENCY JUSTIFYING THE ADVANCE SHIPMENT OF YOUR HOUSEHOLD GOODS UNDER PARAGRAPH 8009-1, JOINT TRAVEL REGULATIONS, YOU ARE ADVISED THAT IT HAS BEEN OUR VIEW THAT THE STATUTORY AUTHORITY FOR TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS UNDER EMERGENCY CIRCUMSTANCES WHEN NO CHANGE OF STATION ORDERS HAVE BEEN ISSUED RELATES GENERALLY TO EMERGENCY CIRCUMSTANCES OVER WHICH THE MEMBER HAS LITTLE OR NO CONTROL. IN THIS CONNECTION, WE HAVE HELD THAT FINANCIAL DIFFICULTIES MAY NOT BE CONSIDERED AS UNUSUAL OR EMERGENCY CIRCUMSTANCES AS CONTEMPLATED BY THE CAREER COMPENSATION ACT OF 1949, AS AMENDED. SEE 38 COMP. GEN. 28; AND B-126678, DATED SEPTEMBER 4, 1956 (COPIES ENCLOSED). WHILE THESE CASES DEALT WITH THE ADVANCE RETURN OF DEPENDENTS AND HOUSEHOLD EFFECTS FROM OVERSEAS TO THE UNITED STATES, THERE APPEARS TO BE NO BASIS FOR APPLICATION OF A DIFFERENT RULE IN YOUR CASE. THEREFORE, IT MAY NOT BE CONSIDERED THAT YOUR FINANCIAL HARDSHIP CONSTITUTED AN "EMERGENCY" WITHIN THE CONTEMPLATION OF THE CONTROLLING STATUTE AND REGULATIONS AND, OF COURSE, NO SUCH AN ADMINISTRATIVE DETERMINATION HAS BEEN MADE.

REGARDING YOUR QUESTION ABOUT SUBMITTING AN ADDITIONAL CLAIM FOR REIMBURSEMENT AFTER TRANSFER TO THE FLEET RESERVE, YOU ARE ADVISED THAT THE SAME PRINCIPLES GOVERNING SHIPMENT OF HOUSEHOLD GOODS PRIOR TO ISSUANCE OF ORDERS WOULD STILL BE FOR APPLICATION. FOR YOUR INFORMATION WE ARE ALSO ENCLOSING A COPY OF OUR DECISION OF JULY 24, 1957, B-132195, 37 COMP. GEN. 53, WHICH MAY HELP YOU IN THIS MATTER.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM BY THE SETTLEMENT DATED DECEMBER 7, 1961, IS SUSTAINED.

WITH RESPECT TO YOUR REQUEST THAT ALL CORRESPONDENCE AND CLAIM DOCUMENTS BE RETURNED TO YOU, YOU ARE ADVISED THAT EXCEPT FOR THE SEARS, ROEBUCK AND COMPANY MAIL GRAM, DATED DECEMBER 1, 1961, WHICH IS 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.