B-169612, JUN. 29, 1970

B-169612: Jun 29, 1970

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DUE TO DAUGHTER'S HEALTH AND PHYSICAL CONDITION PRIOR TO CHANGE OF STATION ORDERS WAS PROPERLY DISALLOWED REIMBURSEMENT OF CLAIM FOR SHIPMENT AND STORAGE OF HOUSEHOLD GOODS AND DEPENDENT TRAVEL SINCE MOVEMENT WAS NOT AUTHORIZED NOR INCIDENT TO CHANGE OF STATION. NOR DID AGENCY DETERMINE THAT SHIPMENT WAS REQUIRED BECAUSE OF EMERGENCY OR EXIGENCY OF SERVICE. WHILE MOVEMENT OF DEPENDENTS AND HOUSEHOLD GOODS STEMMED FROM MEDICAL REASONS AND RESULTANT HARDSHIP WAS RECOGNIZED. SCHOENFELD: REFERENCE IS MADE TO YOUR LETTER DATED MARCH 31. WHICH CLAIM WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 30. WHILE THE DATE YOU REPORTED AT YOUR DUTY STATION IS NOT SHOWN. YOU CONTENDED THAT SINCE YOU WERE REQUIRED TO REMAIN AT YOUR DUTY STATION.

B-169612, JUN. 29, 1970

TRANSPORTATION--HOUSEHOLD EFFECTS--MILITARY PERSONNEL--ADVANCE SHIPMENTS -EMERGENCY, TC;--CONDITIONS MEMBER WHO MOVED DEPENDENTS AND HOUSEHOLD GOODS FROM LEMOORE, CALIF. TO SAN DIEGO, CALIF; DUE TO DAUGHTER'S HEALTH AND PHYSICAL CONDITION PRIOR TO CHANGE OF STATION ORDERS WAS PROPERLY DISALLOWED REIMBURSEMENT OF CLAIM FOR SHIPMENT AND STORAGE OF HOUSEHOLD GOODS AND DEPENDENT TRAVEL SINCE MOVEMENT WAS NOT AUTHORIZED NOR INCIDENT TO CHANGE OF STATION, NOR DID AGENCY DETERMINE THAT SHIPMENT WAS REQUIRED BECAUSE OF EMERGENCY OR EXIGENCY OF SERVICE. WHILE MOVEMENT OF DEPENDENTS AND HOUSEHOLD GOODS STEMMED FROM MEDICAL REASONS AND RESULTANT HARDSHIP WAS RECOGNIZED, CIRCUMSTANCES AFFORD NO BASIS FOR REIMBURSEMENT.

TO LIEUTENANT COMMANDER JAY K. SCHOENFELD:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 31, 1970, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED FOR STORAGE AND SHIPMENT OF HOUSEHOLD GOODS INCIDENT TO MOVING YOUR FAMILY FROM LEMOORE, CALIFORNIA, TO SAN DIEGO, CALIFORNIA, WHICH CLAIM WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 30, 1969. IN ADDITION, YOU REQUEST REIMBURSEMENT FOR THE COST OF AN ADDITIONAL SHIPMENT OF HOUSEHOLD GOODS, PLUS TRAVEL ALLOWANCE FOR DEPENDENTS' TRAVEL AND DISLOCATION ALLOWANCE INCIDENT TO SUCH MOVEMENT.

PURSUANT TO BUREAU OF NAVAL PERSONNEL ORDER DATED MARCH 18, 1967, AS MODIFIED BY BUPERS MESSAGE DATED MARCH 14, 1968, YOU REPORTED FOR DUTY AT ATTACK SQUADRON 112, NAVAL AIR STATION, LEMOORE, CALIFORNIA, AFTER COMPLETING TEMPORARY DUTY AT NAVY POST GRADUATE SCHOOL, MONTEREY, CALIFORNIA. WHILE THE DATE YOU REPORTED AT YOUR DUTY STATION IS NOT SHOWN, YOU STATED IN YOUR CLAIM DATED FEBRUARY 18, 1969, THAT YOUR FAMILY MOVED TO NAVAL AIR STATION, LEMOORE, IN OCTOBER 1967.

COMMENCING IN JANUARY 1968, YOU SAID YOUR TWIN DAUGHTERS BEGAN HAVING ASTHMA ATTACKS AND ONE OF THEM GRADUALLY BECAME WORSE, ULTIMATELY REQUIRING SPECIAL MEDICATION AND TESTS BY DOCTORS IN THAT SPECIALTY. YOU STATED FURTHER THAT BECAUSE OF THE CHANGE IN YOUR DAUGHTER'S HEALTH AND PHYSICAL CONDITION AFTER ARRIVING AT LEMOORE, YOU MOVED YOUR FAMILY TO THE SAN DIEGO AREA. YOU CONTENDED THAT SINCE YOU WERE REQUIRED TO REMAIN AT YOUR DUTY STATION, YOU INCURRED EXPENSES IN THE MOVEMENT OF YOUR FAMILY. YOU THEREFORE REQUESTED FINANCIAL RELIEF UNDER THE PROVISIONS OF MEDICARE "SINCE THIS MOVE WAS MADE AS A MEDICAL NECESSITY."

YOUR CLAIM WAS ADMINISTRATIVELY DENIED FOR THE REASON THAT WHILE THE MOVEMENT OF YOUR DEPENDENTS AND HOUSEHOLD GOODS STEMMED FROM MEDICAL REASONS AND THE RESULTANT HARDSHIP WAS RECOGNIZED, YOUR CASE WAS NOT WITHIN THE CATEGORIES FOR WHICH GOVERNMENT TRANSPORTATION IS AUTHORIZED BY THE CONTROLLING STATUTE, 37 U.S.C. 406.

UPON SUBMISSION TO OUR CLAIMS DIVISION FOR CONSIDERATION, YOUR CLAIM IN THE AMOUNT OF $581.45 WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 30, 1969, FOR REASONS THEREIN STATED. IN YOUR RECENT LETTER REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM, YOU INDICATED YOUR BELIEF THAT IT WAS DISALLOWED BECAUSE OF NON-RECEIPT OF OFFICIAL ORDERS.

ACCORDINGLY, YOU SUBMITTED A COPY OF ORDERS DATED OCTOBER 2, 1969, WHICH DIRECTED A PERMANENT CHANGE OF STATION FROM ATTACK SQUADRON 112, NAVAL AIR STATION, LEMOORE, CALIFORNIA, TO FIGHTER SQUADRON 126, NAVAL AIR STATION, MIRAMAR, CALIFORNIA, EFFECTIVE WHEN DIRECTED. YOU ALSO ENCLOSED AS AN ADDITIONAL CLAIM, A COPY OF A VOUCHER SHOWING PAYMENT FOR SHIPMENT OF 3,700 POUNDS OF HOUSEHOLD GOODS MADE APPROXIMATELY MAY 22, 1969, FROM LEMOORE TO LA MESA, CALIFORNIA, FOR A TOTAL COST OF $349, INCLUDING STORAGE FEES FOR FOUR MONTHS. YOU ALSO CLAIMED DEPENDENT TRAVEL ALLOWANCE AND FAMILY DISLOCATION ALLOWANCE FOR THAT MOVE.

UNDER THE AUTHORITY CONTAINED IN 37 U.S.C. 406 AND 407, REGULATIONS GOVERNING THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS OF A MEMBER OF THE UNIFORMED SERVICES AT GOVERNMENT EXPENSE AND THE PAYMENT OF A DISLOCATION ALLOWANCE INCIDENT TO A DIRECTED PERMANENT CHANGE OF STATION ARE PRESCRIBED BY THE SECRETARIES CONCERNED IN THE JOINT TRAVEL REGULATIONS.

PARAGRAPH M8015-1, JOINT TRAVEL REGULATIONS, PROVIDES THAT SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO PERMANENT CHANGE-OF-STATION ORDERS, EXCEPT 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. PARAGRAPHS M7000-8 AND M7003-4 OF THE REGULATIONS PROVIDE THAT THE TRANSPORTATION OF DEPENDENTS IS NOT AUTHORIZED AT GOVERNMENT EXPENSE WHEN THE DEPENDENTS DEPARTED THE OLD STATION PRIOR TO THE ISSUANCE OF PERMANENT CHANGE-OF- STATION ORDERS UNLESS THE VOUCHER IS 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 SUCH ORDERS THAT THEY WOULD BE ISSUED. PARAGRAPH M9004-2 PROVIDES THAT DISLOCATION ALLOWANCE IS NOT PAYABLE UNDER CONDITIONS OUTLINED IN PARAGRAPH M7000-8 OF THE REGULATIONS.

YOU CLAIM REIMBURSEMENT OF COSTS INCURRED IN THE SHIPMENT OF PART OF YOUR HOUSEHOLD GOODS TO STORAGE AND THE BALANCE TO THE SAN DIEGO, CALIFORNIA, AREA, AS WELL AS THE COST OF YOUR DEPENDENTS' TRAVEL TO THAT AREA ON THE BASIS THAT YOUR FAMILY'S HEALTH MADE CONTINUED LIVING IN THE LEMOORE AREA IMPOSSIBLE. WHILE YOU SEEM TO BELIEVE THAT THE ORDERS OF OCTOBER 2, 1969, WHICH DIRECTED A PERMANENT CHANGE OF STATION TO MIRAMAR, CALIFORNIA, PROVIDE AUTHORITY FOR THE PAYMENT OF YOUR CLAIM, THE SHIPMENT OF YOUR EFFECTS AND THE MOVEMENT OF YOUR FAMILY APPEAR TO HAVE BEEN MADE MANY MONTHS PRIOR TO THE DATE SUCH ORDERS WERE ISSUED.

THE CITED REGULATIONS PROVIDE THAT SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE MAY NOT BE MADE PRIOR TO ISSUANCE OF PERMANENT CHANGE- OF-STATION ORDERS EXCEPT UPON A DETERMINATION BY APPROPRIATE AUTHORITY THAT SUCH SHIPMENT WAS REQUIRED BECAUSE OF AN EMERGENCY, EXIGENCY OF THE SERVICE OR NECESSITY OF THE SERVICE. NO SUCH A DETERMINATION WAS MADE IN YOUR CASE, BUT ON THE CONTRARY, THE CHIEF OF NAVAL PERSONNEL DETERMINED ON MAY 26, 1969, THAT THE MOVEMENT OF YOUR DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE WAS NOT AUTHORIZED.

AS EXPLAINED IN OUR DECISIONS OF JUNE 25, 1968, 47 COMP. GEN. 775, AND B- 169091, JUNE 1, 1970, 49 COMP. GEN. , COPIES ENCLOSED, SECTION 406, TITLE 37, U.S. CODE, PROVIDES AUTHORITY, INDEPENDENTLY OF ANY PERMANENT CHANGE OF STATION FOR THE MEMBER, FOR MOVEMENT OF DEPENDENTS AND HOUSEHOLD EFFECTS UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES OF A PERSONAL NATURE SUCH AS FOR MEDICAL REASONS WHEN THE DEPENDENTS AND HOUSEHOLD EFFECTS ARE LOCATED OVERSEAS. IT IS OUR VIEW, HOWEVER, THAT THE STATUTE DOES NOT AUTHORIZE SUCH MOVEMENTS OF DEPENDENTS AND HOUSEHOLD EFFECTS FROM ONE LOCATION TO ANOTHER WITHIN THE CONTINENTAL UNITED STATES UNLESS THE MOVEMENT IS INCIDENT TO MILITARY OPERATIONS OR A MILITARY NEED. SHIPMENT OF HOUSEHOLD GOODS IN ADVANCE OF ORDERS FOR PERSONAL REASONS ENTIRELY UNRELATED TO ANY MILITARY REQUIREMENT IS NOT A BASIS FOR AUTHORIZING SUCH SHIPMENT AT GOVERNMENT EXPENSE FROM ONE PLACE TO ANOTHER WITHIN THE CONTINENTAL UNITED STATES.

THEREFORE, WHILE WE APPRECIATE THE CIRCUMSTANCES OF YOUR CASE, SUCH CIRCUMSTANCES AFFORD NO BASIS FOR REIMBURSEMENT OF THE EXPENSES INCIDENT TO THE MOVEMENT OF YOUR DEPENDENTS AND HOUSEHOLD EFFECTS.

THE ORDERS OF OCTOBER 2, 1969, WHICH YOU HAVE NOW FURNISHED DIRECTING A PERMANENT CHANGE OF STATION FROM LEMOORE TO MIRAMAR, PROVIDE NO BASIS FOR PAYMENT OF A MONETARY ALLOWANCE FOR THE TRAVEL OF YOUR DEPENDENTS AND PAYMENT OF A DISLOCATION ALLOWANCE SINCE THE TRAVEL WAS NOT PERFORMED INCIDENT TO THOSE ORDERS BUT WAS PERFORMED LONG BEFORE THE ORDERS WERE ISSUED. WHILE PARAGRAPH M7003-4 OF THE REGULATIONS PROVIDES FOR PAYMENT OF TRAVEL ALLOWANCE FOR TRAVEL OF DEPENDENTS WITHIN A BRIEF PERIOD IMMEDIATELY PRIOR TO ISSUANCE OF PERMANENT CHANGE OF-STATION ORDERS WHERE THE MEMBER HAS BEEN ADVISED THAT SUCH ORDERS WILL BE ISSUED, IN OUR OPINION THESE PROVISIONS HAVE REFERENCE TO INSTANCES WHERE ALL PROVISIONS AND REQUIREMENTS OF THE ORDERS HAVE BEEN COMPLETELY AND FINALLY DETERMINED AND ALL THAT REMAINS TO BE DONE IS THE WRITING OF THE ORDERS.

THERE IS NOTHING IN THE RECORD TO INDICATE THAT YOU WERE SO ADVISED PRIOR TO THE TRAVEL OF YOUR DEPENDENTS AND IN VIEW OF THE LONG PERIOD BETWEEN THE TIME OF THEIR TRAVEL AND THE ISSUANCE OF YOUR ORDERS OF OCTOBER 2, 1969, THE TRAVEL COULD NOT BE VIEWED AS INCIDENT TO THOSE ORDERS. COMP. GEN. 241 (1954); B-160968, APRIL 14, 1967, COPIES ENCLOSED.

ACCORDINGLY, THE SETTLEMENT OF OCTOBER 30, 1969, IS SUSTAINED AND THE CLAIM PRESENTED FOR REIMBURSEMENT OF ADDITIONAL EXPENSES FOR SHIPMENT OF HOUSEHOLD EFFECTS, PAYMENT OF TRAVEL ALLOWANCE FOR THE TRAVEL OF YOUR DEPENDENTS AND A DISLOCATION ALLOWANCE IS DISALLOWED.