B-150291, JAN. 22, 1963

B-150291, JAN. 22, 1963

TO MR. ROBERT E. TOMLINSON:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 4, 1962, IN EFFECT REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED OCTOBER 24, 1962, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST FOR STORAGE OF YOUR HOUSEHOLD GOODS FOR A ONE-YEAR PERIOD SUBSEQUENT TO YOUR RELEASE FROM ACTIVE DUTY IN THE UNITED STATES NAVY.

BY ORDERS PREPARED JUNE 16, 1961, YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE JUNE 19, 1961, AND TRANSFERRED TO INACTIVE DUTY IN THE U.S. NAVAL FLEET RESERVE, AT WHICH TIME YOU SELECTED MIAMI, FLORIDA, AS YOUR HOME. IN YOUR LETTER OF APRIL 3, 1962, TO THE NAVAL AIR STATION, JACKSONVILLE, FLORIDA, TRANSMITTING DOCUMENTS TO SUBSTANTIATE YOUR CLAIM FOR TRAVEL AND TRANSPORTATION ALLOWANCES, YOU SAID THAT UPON RECEIPT OF ORDERS TO REPORT TO THE JACKSONVILLE NAVAL HOSPITAL FOR SURGERY PRIOR TO YOUR RETIREMENT (APRIL 1961), YOU CLOSED YOUR RESIDENCE IN SANFORD, FLORIDA, YOUR DUTY STATION, AND TRANSPORTED YOUR FAMILY AND HOUSEHOLD GOODS TO YOUR SELECTED HOME AT MIAMI. YOU ALSO SAID THAT ON SEPTEMBER 7, 1961, YOU CLOSED YOUR HOME IN MIAMI AND PLACED YOUR HOUSEHOLD GOODS IN STORAGE SINCE YOU WERE THEN EMPLOYED ON THE GRAND BAHAMA ISLAND, BUT THAT 9145 S.W. 80TH AVENUE, MIAMI, FLORIDA, WAS YOUR LEGAL ADDRESS AND POST OFFICE BOX 1946, WEST PALM BEACH, FLORIDA, WAS YOUR MAILING ADDRESS, AND THAT YOU ANTICIPATED THAT AT THE END OF YOUR CONTRACT WITH THE HOTEL ON THE GRAND BAHAMA ISLAND YOU WOULD RETURN TO YOUR RESIDENCE IN MIAMI. THE SETTLEMENT OF OCTOBER 24, 1962, YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOUR HOUSEHOLD GOODS WERE LOCATED AT YOUR HOME OF SELECTION, MIAMI, FLORIDA, ON THE DATE OF YOUR TRANSFER TO THE NAVAL FLEET RESERVE.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (A), IN EFFECT WHEN YOU WERE RELEASED FROM ACTIVE DUTY, PROVIDES THAT UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED SERVICES WHO IS RETIRED IN THE CIRCUMSTANCES INVOLVED IN YOUR CASE MAY SELECT HIS HOME FOR THE PURPOSES OF PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES. SECTION 303 (C) OF THE ACT, 37 U.S.C. 253 (C), SIMILARLY PROVIDES THAT, UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER WHO IS RETIRED IN THE CIRCUMSTANCES DESCRIBED IS ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS TO THE HOME SELECTED UNDER SECTION 303 (A).

PARAGRAPH 1150-3 (B) OF THE JOINT TRAVEL REGULATIONS, AS IN EFFECT AT THE TIME HERE INVOLVED, PROVIDES THAT THE TERM "HOME OF SELECTION" AS USED IN THE REGULATIONS MEANS THE PLACE SELECTED BY A MEMBER AS HIS HOME UPON RETIREMENT (INCLUDING TRANSFER TO THE FLEET RESERVE) UNDER THE CONDITIONS AUTHORIZED IN PARAGRAPH 4158-1A. THE LATTER PARAGRAPH PROVIDES THAT A MEMBER UPON RETIREMENT MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES THERETO, PROVIDED THAT TRAVEL IS COMPLETED TO A SELECTED HOME WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY. IT FURTHER PROVIDES THAT ONCE A HOME IS SELECTED AND TRAVEL ALLOWANCE RECEIVED THERETO, SUCH SELECTION IS IRREVOCABLE. PARAGRAPH 8260 OF THE REGULATIONS PROVIDES FOR SHIPMENT OF HOUSEHOLD GOODS UNDER THE SAME CIRCUMSTANCES TO THE HOME SELECTED BY THE MEMBER FOR THE PURPOSE OF RECEIVING TRAVEL ALLOWANCES FOR HIS TRAVEL IN ACCORDANCE WITH PARAGRAPH 4158, BUT THAT SHIPMENT TO ANY PLACE OTHER THAN HOME OF SELECTION IS NOT AUTHORIZED. PARAGRAPH 8260 (3) PROVIDES THAT A MEMBER WHO IS ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS TO A HOME OF SELECTION WILL BE ENTITLED TO NONTEMPORARY STORAGE OF ALL OR ANY PORTION OF HIS HOUSEHOLD GOODS IN ACCORDANCE WITH PARAGRAPH 8101 FOR A PERIOD NOT TO EXCEED ONE YEAR FROM THE DATE OF TERMINATION OF ACTIVE DUTY. THE PURPOSE OF SUCH AUTHORITY IS TO PROVIDE STORAGE ONLY TO THE EXTENT NECESSARY INCIDENT TO ACCOMPLISHING THE MOVEMENT OF THE HOUSEHOLD GOODS FROM LAST DUTY STATION TO THE SELECTED HOME.

SINCE YOU MOVED YOUR FAMILY AND HOUSEHOLD GOODS TO THE HOME OF YOUR SELECTION, MIAMI, FLORIDA, IN APRIL 1961, IT WAS NOT NECESSARY TO STORE OR TRANSPORT YOUR GOODS TO MIAMI WHEN YOU WERE RELEASED FROM ACTIVE DUTY ON JUNE 19, 1961. IT APPEARS THAT YOU PLACED YOUR GOODS IN STORAGE ON SEPTEMBER 7, 1961, BECAUSE OF YOUR EMPLOYMENT ON GRAND BAHAMA ISLAND AND THAT YOU INTEND TO RETURN TO MIAMI UPON TERMINATION OF THIS EMPLOYMENT. YOUR HOUSEHOLD GOODS BEING AT YOUR HOME OF SELECTION WHEN YOU WERE RELEASED FROM ACTIVE DUTY, THEIR SUBSEQUENT STORAGE WAS IN NO WAY RELATED TO THE ACCOMPLISHMENT OF MOVING THEM TO YOUR HOME, BUT WAS FOR YOUR PERSONAL CONVENIENCE. REIMBURSEMENT BY THE GOVERNMENT FOR SUCH STORAGE IS NOT AUTHORIZED. ACCORDINGLY, THE SETTLEMENT OF OCTOBER 24, 1962, MUST BE SUSTAINED.

CONCERNING YOUR REQUEST FOR INFORMATION AS TO WHETHER A COURSE OF APPEAL IS AVAILABLE TO YOU IN THIS MATTER, YOU ARE ADVISED THAT THE ACTION OF OUR OFFICE ON CLAIMS AGAINST THE UNITED STATES IS FINAL AND CONCLUSIVE ON ALL EXECUTIVE DEPARTMENTS OF THE GOVERNMENT. THEREFORE, THERE IS NO FURTHER ACTION THAT MAY BE TAKEN ADMINISTRATIVELY ON YOUR CLAIM. THE COURT OF CLAIMS OF THE UNITED STATES, HOWEVER, HAS INDEPENDENT JURISDICTION TO CONSIDER AND DETERMINE CERTAIN CLAIMS AGAINST THE UNITED STATES IF FILED WITHIN SIX YEARS AFTER THE CLAIM FIRST ACCRUED. 28 U.S.C. 2501.