B-156402, MAY 25, 1965

B-156402, MAY 25, 1965

TO RICHARD M. SPONGBERG:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 12, 1965, IN EFFECT REQUESTING RECONSIDERATION OF THE SETTLEMENT DATED MAY 1, 1964, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM CINCINNATI, OHIO, TO LOS ANGELES, CALIFORNIA, LESS THE COST TO THE GOVERNMENT FOR SHIPPING THE EFFECTS FROM DAYTON, OHIO, TO CINCINNATI, OHIO, PURSUANT TO RELEASE FROM ACTIVE DUTY ORDERS DATED JUNE 22, 1962.

BY SPECIAL ORDER A-333, HEADQUARTERS, AERONAUTICAL SYSTEMS DIVISION(AFSC), UNITED STATES AIR FORCE, WRIGHT-PATTERSON AIR FORCE BASE, OHIO, DATED JUNE 22, 1962, YOU WERE RELIEVED FROM EXTENDED ACTIVE DUTY EFFECTIVE JULY 10, 1962. THE ORDERS SHOWED YOUR HOME OF RECORD TO BE OAKLAND, CALIFORNIA.

ON JUNE 27, 1962, YOU SIGNED AN APPLICATION FOR SHIPMENT OF HOUSEHOLD GOODS (DD FORM 1299) IN WHICH YOU REQUESTED SHIPMENT OF YOUR EFFECTS FROM DAYTON, OHIO, TO CINCINNATI, OHIO, TO BE PICKED UP ON OR ABOUT OCTOBER 6, 1962. IT WAS STATED IN THE APPLICATION THAT THE SHIPMENT WAS REQUIRED INCIDENT TO PERMANENT CHANGE OF STATION ORDERS SEPARATING YOU FROM THE SERVICE. SHIPMENT WAS MADE ON OCTOBER 27, 1962, AND COPIES OF THE GOVERNMENT BILL OF LADING SHOW YOUR SIGNATURE AS ACKNOWLEDGING YOUR RECEIPT OF THE SHIPMENT IN CINCINNATI ON OCTOBER 28, 1962. IT APPEARS THAT YOU REMAINED IN CINCINNATI UNTIL JUNE 15, 1963, AT WHICH TIME YOU ARRANGED FOR THE FURTHER SHIPMENT OF YOUR HOUSEHOLD EFFECTS BY COMMERCIAL VAN AT PERSONAL EXPENSE FROM CINCINNATI TO LOS ANGELES, CALIFORNIA.

IN YOUR LETTER OF EXPLANATION ACCOMPANYING YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES YOU INCURRED FOR SHIPMENT FROM CINCINNATI, OHIO, TO LOS ANGELES, CALIFORNIA, YOU STATED THAT WHEN YOU WERE DISCHARGED AT WRIGHT- PATTERSON AIR FORCE BASE, OHIO, YOU WERE INFORMED THAT YOU COULD ELECT TO HAVE YOUR HOUSEHOLD GOODS SHIPPED TO YOUR HOME OF RECORD AT ANY TIME WITHIN A YEAR AFTER DISCHARGE. YOU STATED FURTHER THAT AT THE TIME YOU WERE DISCHARGED, YOU ELECTED YOUR ORIGINAL ADDRESS IN CALIFORNIA AS THE PLACE TO WHICH YOU WOULD RECEIVE TRAVEL ALLOWANCES UNDER THE PROVISION OF PARAGRAPH 4157, JOINT TRAVEL REGULATIONS. ALSO YOU SAID THAT BECAUSE OF PERSONAL DIFFICULTIES IT WAS NECESSARY TO MOVE YOUR HOUSEHOLD GOODS TO CINCINNATI, OHIO, AND YOU KEPT THEM THERE UNTIL JUNE 15, 1963. YOU STATED FINALLY THAT IT WAS YOUR INTENTION TO PAY FOR THAT MOVE BUT YOU WERE ADVISED THAT THE BEST COURSE OF ACTION WOULD BE TO ARRANGE THE INITIAL MOVE THROUGH THE AIR FORCE AND REIMBURSE THE GOVERNMENT WHEN YOUR AUTHORIZED MOVE TO CALIFORNIA WAS MADE.

BY SETTLEMENT DATED MAY 1, 1964, YOUR CLAIM WAS DISALLOWED FOR THE REASONS STATED THEREIN. IN YOUR LETTER OF MARCH 12, 1965, YOU SAY YOU WISH TO APPEAL THE DISALLOWANCE AND FORWARDED A COPY OF YOUR EXPLANATION TOGETHER WITH OTHER SUPPORTING DOCUMENTS.

THE AUTHORITY FOR TRANSPORTATION OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO 37 U.S.C. 406. PARAGRAPH 8259-1 OF THOSE REGULATIONS PROVIDES THAT A MEMBER ON ACTIVE DUTY WHO IS SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY IS ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS FROM THE MEMBER'S LAST OR ANY PREVIOUS DUTY STATION, FROM A DESIGNATED PLACE IN THE UNITED STATES, OR FROM PLACE OF STORAGE, OR ANY COMBINATION THEREOF, TO THE PLACE TO WHICH THE MEMBER ELECTS TO RECEIVE TRAVEL ALLOWANCE FOR HIS TRAVEL UNDER THE PROVISIONS OF PARAGRAPH 4157. PARAGRAPH 4157-1 OF THE REGULATIONS PROVIDES THAT A MEMBER ON ACTIVE DUTY WHO IS SEPARATED OR RELIEVED FROM ACTIVE DUTY, WILL BE ENTITLED TO MILEAGE FROM HIS LAST DUTY STATION TO HIS HOME OF RECORD OR THE PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY, AS THE MEMBER MAY ELECT. PARAGRAPH 8011 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THE REGULATIONS, AUTHORITY CONTAINED THEREIN FOR THE SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE EXTENDS ONLY TO THE THROUGH SHIPMENT TO AUTHORIZED ULTIMATE DESTINATION OF THE SAME LOT OF HOUSEHOLD GOODS OR EFFECTS. IT PROVIDES FURTHER THAT SHIPMENT MAY NOT BE MADE FOR THE CONVENIENCE OF THE MEMBER TO SOME OTHER PLACE FOR RESHIPMENT LATER TO SUCH AUTHORIZED ULTIMATE DESTINATION.

AS INDICATED ABOVE, YOU SAY THAT YOU FOUND IT NECESSARY TO SHIP YOUR HOUSEHOLD BELONGINGS TO CINCINNATI ON OCTOBER 27, 1962, AND TO KEEP THEM THERE UNTIL JUNE 15, 1963. ALSO, YOU ALLEGE THAT YOU WERE ADVISED AT THE TIME OF RELEASE FROM ACTIVE DUTY THAT YOU COULD ARRANGE SUCH A SHIPMENT BY THE GOVERNMENT AS AN INTERIM MOVE WITH THE UNDERSTANDING THAT YOU COULD REIMBURSE THE GOVERNMENT FOR THE COST OF SUCH MOVE AT THE TIME YOU MADE THE AUTHORIZED MOVE TO THE FINAL DESTINATION CHOSEN BY YOU, YOUR HOME OF RECORD. HOWEVER, THE JOINT TRAVEL REGULATIONS MAKE NO PROVISIONS FOR INTERIM SHIPMENTS UPON RELEASE FROM ACTIVE DUTY UNDER CONDITIONS WHICH PERMIT THE MEMBER TO REIMBURSE THE GOVERNMENT FOR THE SHIPMENT MADE, IF HE SUBSEQUENTLY DECIDES TO ESTABLISH A RESIDENCE ELSEWHERE. RATHER, PARAGRAPH 8011OF THE JOINT TRAVEL REGULATIONS SPECIFICALLY PROVIDES THAT A SHIPMENT MAY NOT BE MADE FOR THE CONVENIENCE OF THE MEMBER TO SOME OTHER PLACE FOR RESHIPMENT LATER TO THE AUTHORIZED ULTIMATE DESTINATION. THEREFORE, ON THE BASIS OF THE CITED REGULATIONS AND IN VIEW OF THE FACT THAT THE SHIPMENT WAS MADE ON YOUR APPLICATION DESIGNATING A PERMANENT CHANGE OF STATION INVOLVING YOUR SEPARATION FROM THE SERVICE, IT IS CONSIDERED THAT THE SHIPMENT TO CINCINNATI WAS MADE TO A SELECTED PLACE WITHIN THE PURVIEW OF PARAGRAPH 8259-1 OF THE JOINT TRAVEL REGULATIONS AND EXHAUSTED YOUR SHIPPING RIGHTS. NO FURTHER MOVEMENT AT GOVERNMENT EXPENSE IS AUTHORIZED. THE FACT THAT YOU MAY HAVE BEEN MISINFORMED AS TO YOUR RIGHTS AFFORDS NO BASIS FOR THE PAYMENT OF YOUR CLAIM, IT BEING WELL ESTABLISHED THAT, IN THE ABSENCE OF A STATUTE SO PROVIDING, THE GOVERNMENT IS NOT BOUND BY THE NEGLIGENT OR ERRONEOUS ACTS OF ITS OFFICERS OR AGENTS. SEE ROBERTSON V. SICHEL, 127 U.S. 507, 515, AND CASES THERE CITED.

ACCORDINGLY, THE SETTLEMENT DATED MAY 1, 1964, WAS CORRECT AND IS SUSTAINED.