B-148877, MAY 24, 1962

B-148877: May 24, 1962

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USA: REFERENCE IS MADE TO YOUR LETTERS OF APRIL 26 AND MAY 8. WHICH WILL BE TREATED AS IN EFFECT REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF APRIL 25. YOU WERE ORDERED TO ACTIVE DUTY IN THE RESERVE GRADE OF PRIVATE FOR A PERIOD OF 12 MONTHS AND DIRECTED TO REPORT TO FORT EUSTIS. THE INSTRUCTIONS ATTACHED TO THE ORDERS ADVISED YOU THAT MOVEMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WAS NOT AUTHORIZED FOR MILITARY PERSONNEL IN THE FOLLOWING GRADES: TABLE E-4 CORPORAL WITH 4 YEARS' SERVICE OR LESS E-3 PRIVATE FIRST CLASS E-2 PRIVATE E-1 PRIVATE ON JANUARY 22. YOUR CLAIM WAS DENIED JANUARY 31. AT WHICH TIME IT WAS STATED. THAT MEMBERS IN YOUR PAY GRADE WERE NOT AUTHORIZED SHIPMENT OF HOUSEHOLD GOODS AND SINCE ENTITLEMENT TO REIMBURSEMENT IS BASED ON ENTITLEMENT TO SHIPMENT.

B-148877, MAY 24, 1962

TO PRIVATE FIRST CLASS DANIEL J. GOEMMEL, BR 12558307, USA:

REFERENCE IS MADE TO YOUR LETTERS OF APRIL 26 AND MAY 8, 1962, WHICH WILL BE TREATED AS IN EFFECT REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF APRIL 25, 1962, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF YOUR EXPENSES INCIDENT TO PACKING AND MOVING YOUR HOUSEHOLD GOODS TO STORAGE AND STORAGE CHARGES FOR SUCH EFFECTS.

BY LETTER ORDER M9-467, HEADQUARTERS, SECOND UNITED STATES ARMY, FORT GEORGE G. MEADE, MARYLAND, DATED SEPTEMBER 27, 1961, YOU WERE ORDERED TO ACTIVE DUTY IN THE RESERVE GRADE OF PRIVATE FOR A PERIOD OF 12 MONTHS AND DIRECTED TO REPORT TO FORT EUSTIS, VIRGINIA, OCTOBER 17, 1961. THE INSTRUCTIONS ATTACHED TO THE ORDERS ADVISED YOU THAT MOVEMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WAS NOT AUTHORIZED FOR MILITARY PERSONNEL IN THE FOLLOWING GRADES:

TABLE

E-4 CORPORAL WITH 4 YEARS' SERVICE OR LESS

E-3 PRIVATE FIRST CLASS

E-2 PRIVATE

E-1 PRIVATE

ON JANUARY 22, 1962, YOU FILED A CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN MOVING AND STORAGE OF YOUR HOUSEHOLD GOODS INCIDENT TO YOUR ACTIVE DUTY ORDERS OF SEPTEMBER 27, 1961. YOUR CLAIM WAS DENIED JANUARY 31, 1962, BY THE COMMANDER, HEADQUARTERS, SECOND UNITED STATES ARMY, FORT GEORGE G. MEADE, MARYLAND, AT WHICH TIME IT WAS STATED, AS YOU HAD BEEN PREVIOUSLY ADVISED, THAT MEMBERS IN YOUR PAY GRADE WERE NOT AUTHORIZED SHIPMENT OF HOUSEHOLD GOODS AND SINCE ENTITLEMENT TO REIMBURSEMENT IS BASED ON ENTITLEMENT TO SHIPMENT, THERE WAS NO LEGAL AUTHORITY FOR REIMBURSEMENT. BY LETTER DATED FEBRUARY 6, 1962, YOU REQUESTED THE CHIEF OF TRANSPORTATION, U.S. ARMY, TO RECONSIDER YOUR CLAIM AND BY INDORSEMENT FROM THAT OFFICE FEBRUARY 13, 1962, YOU WERE AGAIN ADVISED THAT THERE WAS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM. BY LETTER OF MARCH 2, 1962, YOU PRESENTED YOUR CLAIM TO THE CHIEF OF STAFF, U.S. ARMY, AND BY LETTER OF APRIL 2, 1962, IT WAS AGAIN DENIED WITH ADVICE THAT YOU COULD FILE YOUR CLAIM WITH THIS OFFICE. YOU THEREFORE PRESENTED YOUR CLAIM TO THIS OFFICE BY LETTER OF APRIL 4, 1962, AND BY SETTLEMENT DATED APRIL 25, 1962, IT WAS DISALLOWED FOR THE REASON THAT YOU DID NOT HOLD A RATING ON THE EFFECTIVE DATE OF ORDERS TO ACTIVE DUTY FOR WHICH AN AUTHORIZED WEIGHT ALLOWANCE HAD BEEN ESTABLISHED AND THEREFORE WERE NOT ENTITLED TO REIMBURSEMENT OF THE EXPENSES INVOLVED.

IN YOUR LETTERS YOU CLAIM ENTITLEMENT ON THE BASIS OF THE NECESSITY OF RELOCATING YOUR FAMILY AND STORING YOUR HOUSEHOLD GOODS AT THE TIME YOU WERE RECALLED TO ACTIVE DUTY. YOU SAY THAT YOU ARE AWARE OF BASIC REGULATIONS REGARDING ENTITLEMENT TO STORAGE OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE UNDER PERMANENT CHANGE OF STATION ORDERS, BUT YOU CONTEND THAT BECAUSE OF THE UNUSUAL SITUATION INVOLVED IN THE MOBILIZATION OF RESERVISTS IN PEACE TIME THESE REGULATIONS SHOULD NOT APPLY AND THAT THE GOVERNMENT SHOULD ALLOW SHIPMENT AND STORAGE OF EFFECTS WITHOUT REGARD TO RANK OR LENGTH OF SERVICE IN THESE CIRCUMSTANCES. YOUR LETTER DATED APRIL 26, 1962, ALSO REQUESTED THE RETURN OF YOUR CLAIM AND PAPERS FOR FURTHER USE.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS AND TO OR FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS OR TO REIMBURSEMENT THEREFOR. PARAGRAPH 8003 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THOSE PROVISIONS, MAKES NO PROVISION FOR THE SHIPMENT OF HOUSEHOLD GOODS OF MEMBERS IN GRADES E-1, E-2 OR E-3. EXCEPT FOR A SMALL ALLOWANCE FOR AVIATION CADETS, THE LOWEST ENLISTED GRADE FOR WHICH A WEIGHT ALLOWANCE OF HOUSEHOLD GOODS IS PRESCRIBED FOR SHIPMENT AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION IS E-4 WITH OVER 4 YEARS' SERVICE. PARAGRAPH 8008 OF THE REGULATIONS PROVIDES THAT IF IT IS IMPRACTICAL FOR PERSONAL BAGGAGE TO ACCOMPANY A MEMBER FOR WHOM NO WEIGHT ALLOWANCE HAS BEEN PRESCRIBED IN PARAGRAPH 8003 SUCH BAGGAGE, NOT TO EXCEED 200 POUNDS, MAY BE SHIPPED BY THE MEANS ORDINARILY USED FOR SUCH SHIPMENT. SUCH PROVISION, HOWEVER, CLEARLY RELATES TO BAGGAGE NEEDED AT THE MEMBER'S DUTY STATION AND, HENCE, CAN HAVE NO APPLICATION WHERE SUCH BAGGAGE IS PLACED IN NONTEMPORARY STORAGE. SINCE AT THE TIME YOUR ORDERS TO ACTIVE DUTY WERE ISSUED YOU WERE A PRIVATE (GRADE E-2), THE REGULATIONS MAKE NO PROVISION FOR THE SHIPMENT AND STORAGE OF YOUR EFFECTS AT GOVERNMENT EXPENSE. WHILE APPRECIATING YOUR FEELINGS, WE HAVE NO DISCRETION IN THE MATTER BUT MUST SETTLE YOUR CLAIM IN ACCORDANCE WITH THE APPLICABLE STATUTORY PROVISIONS AND REGULATIONS.

PUBLIC LAW 87-117, 75 STAT. 242, AUTHORIZED THE PRESIDENT TO ORDER MEMBERS OF THE READY RESERVE TO ACTIVE DUTY FOR NOT MORE THAN TWELVE CONSECUTIVE MONTHS, BUT IT CONTAINS NO PROVISION WITH RESPECT TO SHIPMENT OF HOUSEHOLD EFFECTS, AND WE ARE NOT AWARE OF ANY OTHER STATUTORY PROVISION PERTAINING TO MEMBERS OF THE READY RESERVE WHEN CALLED TO ACTIVE DUTY WHICH AUTHORIZES THE DRAYAGE AND STORAGE OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE WITHOUT REGARD TO RANK OR LENGTH OF SERVICE. THEREFORE, THE SETTLEMENT OF APRIL 25, 1962, IS SUSTAINED.

WITH RESPECT TO YOUR REQUEST FOR THE RETURN OF YOUR CLAIM AND ALL PAPERS PERTAINING THERETO, WE ARE RETURNING THE STORAGE BILL AND INVENTORIES INVOLVING YOUR HOUSEHOLD GOODS. HOWEVER, WE ARE RETAINING YOUR CLAIM AND ALL OTHER PAPERS SUBMITTED, AS THEY CONSTITUTE A PART OF THE RECORD UPON WHICH OUR ACTION WAS BASED, WHICH ACTION IS FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT. 8 GAO MANUAL 2010-10.