B-151120, APR. 10, 1963

B-151120, APR. 10, 1963

TO SERGEANT WILLIS R. RAINWATER, RA 18 503 385:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 12, 1963, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF FEBRUARY 27, 1963, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRAILER RENTAL INCURRED IN CONNECTION WITH THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS FROM KILLEEN, TEXAS, TO MORTON VALLEY, TEXAS, JULY 25 AND 26, 1961. THERE HAS ALSO BEEN RECEIVED LETTER DATED MARCH 27, 1963, FROM MAJOR GEORGE M. D. JONES, ARMOR, COMMANDING, FORT ORD, CALIFORNIA, REQUESTING THAT WE EXPEDITE THE PROCESSING OF YOUR CLAIM BECAUSE OF YOUR DISCHARGE FROM THE SERVICE ON APRIL 22, 1963.

BY PARAGRAPH 14, SPECIAL ORDERS NO. 171, HEADQUARTERS 2D ARMORED DIVISION, FORT HOOD, TEXAS, DATED JULY 21, 1961, YOU WERE TRANSFERRED ON A PERMANENT CHANGE OF STATION TO AN OVERSEAS STATION, TO REPORT SEPTEMBER 6, 1961, FOR TRANSPORTATION TO YOUR NEW STATION. IN YOUR CLAIM FOR REIMBURSEMENT FOR SHIPMENT OF HOUSEHOLD EFFECTS, DATED OCTOBER 4, 1961, YOU STATED THAT YOU MOVED YOUR HOUSEHOLD EFFECTS BY RENTED TRAILER FROM KILLEEN, TEXAS, TO MORTON VALLEY, TEXAS, DURING THE PERIOD FROM JULY 25 TO 26, 1961, AT AN APPROXIMATE COST OF $40. YOU STATED FURTHER THAT YOU PAID ALL BILLS IN CASH AND DURING THE PROCESS OF MOVING YOU LOST YOUR RECEIPTS. ALSO, OTHER RECEIPTS WERE TURNED IN WITH THE TRAILER. SEPTEMBER 10, 1962, YOUR CLAIM WAS ADMINISTRATIVELY APPROVED FOR PAYMENT IN THE AMOUNT OF $27 ON THE BASIS OF THE LOWEST COST THAT WOULD HAVE BEEN INCURRED HAD ARRANGEMENTS BEEN MADE FOR SHIPMENT BY A TRANSPORTATION OFFICER AND IT WAS FORWARDED TO THIS OFFICE FOR SETTLEMENT.

BY SETTLEMENT DATED FEBRUARY 27, 1963, YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT RECEIPTS OR CANCELLED CHECKS ARE REQUIRED TO SUBSTANTIATE THE EXPENDITURES INVOLVED IN THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS BY RENTED TRAILER AND IN THE ABSENCE OF EVIDENCE TO ESTABLISH THE PAYMENT OF THE AMOUNTS CLAIMED, NO PAYMENT MAY BE ALLOWED.

IN YOUR LETTER OF MARCH 12, 1963, YOU STATE THAT YOU HAVE MAILED A RECEIPT TO HEADQUARTERS, 4TH U.S. ARMY, AND YOU BELIEVE IT WAS RECEIVED BY THAT OFFICE, SINCE IT APPROVED PAYMENT OF THE CLAIM IN THE AMOUNT OF $27. YOU STATE FURTHER THAT THE RECEIPT APPEARS TO HAVE BEEN LOST PRIOR TO THE TIME THE CLAIM WAS RECEIVED IN OUR OFFICE. ON THAT BASIS, YOU REQUEST RECONSIDERATION OF YOUR CLAIM AND STATE THAT IN THE EVENT YOU CAN OBTAIN DUPLICATE COPIES OF THE PAID RECEIPTS, YOU WILL FORWARD THEM TO OUR OFFICE.

PARAGRAPH 8500 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 406, PROVIDES THAT SHIPMENT OF HOUSEHOLD GOODS ORDINARILY WILL BE MADE THROUGH A SHIPPING OR TRANSPORTATION OFFICER. IT PROVIDES FURTHER THAT A MEMBER WHO ARRANGES FOR SHIPMENT OF HIS HOUSEHOLD GOODS AT PERSONAL EXPENSE IS ENTITLED TO REIMBURSEMENT OF SUCH COSTS NOT TO EXCEED THE COST THAT WOULD HAVE BEEN INCURRED BY THE GOVERNMENT HAD THE SHIPMENT BEEN MADE BY A SHIPPING OR TRANSPORTATION OFFICER. IT ALSO PROVIDES THAT CLAIMS FOR REIMBURSEMENT WILL BE PREPARED AND SUBMITTED IN ACCORDANCE WITH REGULATIONS OF THE SERVICE CONCERNED. PARAGRAPH 8, ARMY REGULATIONS 55-88, REQUIRES THAT CLAIMS FOR REIMBURSEMENT OF THE COST OF SHIPPING HOUSEHOLD EFFECTS BE SUPPORTED BY ORIGINAL COPIES OF ALL BILLS FOR TRANSPORTATION OR ACCESSORIAL SERVICES FOR WHICH REIMBURSEMENT IS CLAIMED, SHOWING THE BILLS MARKED PAID AND THE WEIGHT OF THE HOUSEHOLD GOODS SHIPPED. PARAGRAPH 8002-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN THE ACTUAL WEIGHT OF A SHIPMENT IS UNOBTAINABLE THE WEIGHT OF THE SHIPMENT WILL BE DETERMINED BY CUBIC MEASUREMENT ON THE BASIS OF SEVEN POUNDS PER CUBIC FOOT.

IN YOUR CASE, YOUR FURNISHED AN INVENTORY SHOWING THAT YOU SHIPPED 249 CUBIC FEET OF HOUSEHOLD EFFECTS AND BY USING THE METHOD OF COMPUTATION REFERRED TO ABOVE, THE TOTAL APPROXIMATE WEIGHT OF THE SHIPMENT IS ESTABLISHED AS 1,743 POUNDS. HOWEVER, THE REGULATIONS CLEARLY REQUIRE EVIDENCE OF ACTUAL EXPENDITURES INCURRED BEFORE REIMBURSEMENT MAY BE AUTHORIZED. EVEN THOUGH, AS YOU SAY, YOU MAILED A RECEIPT TO THE 4TH ARMY HEADQUARTERS IN SUPPORT OF YOUR CLAIM, SUCH A RECEIPT WAS NOT AMONG THE PAPERS ACCOMPANYING YOUR CLAIM WHEN IT WAS RECEIVED HERE. CONSEQUENTLY, NO PAID BILLS HAVE BEEN FURNISHED TO SUBSTANTIATE ANY ACTUAL EXPENDITURE MADE. THEREFORE, ON THE BASIS OF THE PRESENT RECORD, WE ARE REQUIRED TO SUSTAIN THE DISALLOWANCE OF YOUR CLAIM. HOWEVER, WE WILL RECONSIDER YOUR CLAIM IF YOU WILL FORWARD SUCH EVIDENCE AS YOU MAY BE ABLE TO OBTAIN TO CORROBORATE YOUR STATEMENT THAT YOU RENTED A TRAILER, SHOWING THE AMOUNT WHICH YOU PAID FOR ITS USE.