B-159486, AUG. 1, 1966

B-159486: Aug 1, 1966

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(RET.): FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 21. WHICH WAS DISALLOWED BY SETTLEMENT DATED MARCH 16. YOU WERE RELEASED FROM ACTIVE DUTY OCTOBER 31. YOU WERE ADVISED ON AUGUST 16. DISALLOWED YOUR CLAIM ON THE BASIS THAT YOUR DEPENDENTS TRAVELED PRIOR TO THE ISSUANCE OF YOUR RETIREMENT ORDERS AND THE VOUCHER WAS NOT SUPPORTED BY A CERTIFICATE OF THE HEADQUARTERS ISSUING THE ORDERS THAT YOU WERE ADVISED PRIOR TO THEIR ISSUANCE THAT SUCH ORDERS WOULD BE ISSUED. THAT THE REASON YOU ARE REQUESTING RECONSIDERATION OF YOUR CLAIM IS THAT YOU WERE ORDERED TO EVACUATE GOVERNMENT QUARTERS AT FORT WAYNE. THAT IT WAS YOUR UNDERSTANDING THAT APPROVAL FOR EARLY SHIPMENT OF YOUR HOUSEHOLD EFFECTS WAS THE SAME AS RECEIVING YOUR ORDERS FOR PURPOSES OF DEPENDENTS' TRAVEL.

B-159486, AUG. 1, 1966

TO CASSIE S. WINGATE, SFC E7, (RET.):

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 21, 1966, AND ENCLOSURES, FORWARDED HERE BY THE FINANCE CENTER, U.S. ARMY, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM DETROIT, MICHIGAN, TO COMPTON, CALIFORNIA, ON JULY 24, 1965, WHICH WAS DISALLOWED BY SETTLEMENT DATED MARCH 16, 1966.

BY SPECIAL ORDERS NO. 250 DATED SEPTEMBER 17, 1965, YOU WERE RELEASED FROM ACTIVE DUTY OCTOBER 31, 1965, AND PLACED ON THE RETIRED LIST NOVEMBER 1, 1965. IN CONNECTION WITH YOUR REQUEST TO SHIP YOUR HOUSEHOLD GOODS PRIOR TO THE ISSUANCE OF YOUR RETIREMENT ORDERS, YOU WERE ADVISED ON AUGUST 16, 1965, BY THE PERSONNEL OFFICER AT YOUR LAST DUTY STATION AT BATTLE CREEK, MICHIGAN, THAT SUCH ORDERS WOULD BE ISSUED ON OR ABOUT OCTOBER 31, 1965. THE SETTLEMENT OF MARCH 16, 1966, DISALLOWED YOUR CLAIM ON THE BASIS THAT YOUR DEPENDENTS TRAVELED PRIOR TO THE ISSUANCE OF YOUR RETIREMENT ORDERS AND THE VOUCHER WAS NOT SUPPORTED BY A CERTIFICATE OF THE HEADQUARTERS ISSUING THE ORDERS THAT YOU WERE ADVISED PRIOR TO THEIR ISSUANCE THAT SUCH ORDERS WOULD BE ISSUED. YOU SAY IN YOUR LETTER OF APRIL 21, 1966, THAT THE REASON YOU ARE REQUESTING RECONSIDERATION OF YOUR CLAIM IS THAT YOU WERE ORDERED TO EVACUATE GOVERNMENT QUARTERS AT FORT WAYNE, MICHIGAN, ON OR BEFORE AUGUST 31, 1965, AND SINCE YOU ANTICIPATED RETIRING FROM THE ARMY ON THAT DATE YOU WANTED TO GET YOUR CHILDREN RELOCATED IN THE LOS ANGELES, CALIFORNIA, AREA IN TIME TO START SCHOOL IN SEPTEMBER 1965. YOU ALSO SAY IN THIS LETTER THAT YOU SENT YOUR FAMILY TO COMPTON, CALIFORNIA, ON AUGUST 24, 1965, RATHER THAN JULY 24, 1965, AS YOU HAD STATED ON THE TRAVEL VOUCHER, AND THAT IT WAS YOUR UNDERSTANDING THAT APPROVAL FOR EARLY SHIPMENT OF YOUR HOUSEHOLD EFFECTS WAS THE SAME AS RECEIVING YOUR ORDERS FOR PURPOSES OF DEPENDENTS' TRAVEL.

THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION (INCLUDING CHANGE FROM LAST DUTY STATION TO HOME OF SELECTION UPON RETIREMENT) IS GOVERNED BY THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO 37 U.S.C. 406. PARAGRAPH M8015-1 OF THE REGULATIONS PERMITS TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE PRIOR TO ORDERS IN CASES OF EMERGENCY, EXIGENCY OF THE SERVICE, OR WHEN REQUIRED BY SERVICE NECESSITY, AS DETERMINED BY THE APPROPRIATE AUTHORITY OF THE UNIFORMED SERVICE CONCERNED. SHIPMENT OF YOUR HOUSEHOLD EFFECTS PRIOR TO ORDERS APPARENTLY WAS ACCOMPLISHED PURSUANT TO A DETERMINATION MADE UNDER THAT PROVISION. HOWEVER, UNLIKE THE GENERAL AUTHORITY GRANTED WITH RESPECT TO THE EARLY MOVEMENT OF HOUSEHOLD EFFECTS, PARAGRAPH M7000-8 OF THE REGULATIONS PROVIDES THAT REIMBURSEMENT IS NOT AUTHORIZED FOR ANY TRAVEL OF DEPENDENTS WHEN THEY DEPART THE OLD DUTY STATION PRIOR TO THE ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. SUCH PROVISION CONTEMPLATES THAT TRAVEL OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED UNTIL THE MEMBER HAS DEFINITE KNOWLEDGE FROM A SPECIFIC SOURCE THAT CERTAIN PERMANENT CHANGE OF STATION ORDERS SOON WILL BE ISSUED. WHERE DEPENDENTS HAVE TRAVELED PRIOR TO THE ISSUANCE OF ORDERS IN RELIANCE ON INFORMATION OBTAINED FROM OFFICIAL SOURCES THAT CHANGE OF STATION ORDERS HAVE BEEN REQUESTED OR ARE ANTICIPATED, IT HAS BEEN HELD THAT CERTIFICATION TO THAT EFFECT DOES NOT MEET THE REQUIREMENTS OF PARAGRAPH M7000-8 OF THE REGULATIONS. SEE 34 COMP. GEN. 241.

WHILE CERTIFICATION WAS MADE AT YOUR OLD DUTY STATION THAT RETIREMENT ORDERS AUTHORIZING SHIPMENT OF YOUR HOUSEHOLD GOODS WOULD BE ISSUED ON OR ABOUT OCTOBER 31, 1965, YOUR CLAIM IS NOT SUPPORTED BY A CERTIFICATE FROM THE ADJUTANT GENERAL'S OFFICE, THE HEADQUARTERS THAT ISSUED YOUR ORDERS OF SEPTEMBER 17, 1965, DIRECTING YOUR RETIREMENT, AS REQUIRED BY PARAGRAPH M7000-8 OF THE JOINT TRAVEL REGULATIONS, AND THE RECORD INDICATES THAT THAT OFFICE HAS REFUSED TO ISSUE SUCH A CERTIFICATION IN YOUR CASE.

WE ARE WITHOUT AUTHORITY TO WAIVE OR MAKE EXCEPTIONS TO THE REQUIREMENTS OF THE INDICATED LAW AND REGULATIONS. CONSEQUENTLY, IT MUST BE CONCLUDED IN THE CIRCUMSTANCES INVOLVED THAT NO AUTHORITY EXISTS FOR THE ALLOWANCE OF YOUR CLAIM.