B-242295, Jul 16, 1991

B-242295: Jul 16, 1991

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MILITARY PERSONNEL - Relocation - Relocation travel - Eligibility - Administrative determination - Errors DIGEST: A Service member was misinformed as to his entitlement to ship household goods. Since in the absence of specific statutory authority the government is not liable for the negligent or erroneous acts of its agents. He is entitled to transportation allowances only in the amount authorized by the Joint Federal Travel Regulations and applicable Navy regulations. When you enlisted in the Navy you were entitled to ship 225 pounds of household goods from your home of record in Florida to your first duty station. This amount was subsequently raised to 500 pounds. At that time you were authorized to ship 7.

B-242295, Jul 16, 1991

MILITARY PERSONNEL - Relocation - Relocation travel - Eligibility - Administrative determination - Errors DIGEST: A Service member was misinformed as to his entitlement to ship household goods. Since in the absence of specific statutory authority the government is not liable for the negligent or erroneous acts of its agents, he is entitled to transportation allowances only in the amount authorized by the Joint Federal Travel Regulations and applicable Navy regulations.

Petty Officer Charles C. Patterson, USN:

This responds to your appeal of our Claims Group's determination Z 2861856 regarding your do-it-yourself move in May 1989.

When you enlisted in the Navy you were entitled to ship 225 pounds of household goods from your home of record in Florida to your first duty station. This amount was subsequently raised to 500 pounds. You did not ship any household goods at that time. Subsequently, you received permanent change of station orders from the homeport of your ship, Norfolk, Virginia to Virginia Beach, Virginia. At that time you were authorized to ship 7,000 pounds. You were erroneously advised by Navy personnel that you could ship 7,000 pounds from your home of record in Florida to Virginia Beach, rather than your initial entitlement of 500 pounds from your home of record to Virginia Beach and up to 6,500 pounds from Norfolk to Virginia Beach. Since Norfolk and Virginia Beach are in close proximity, it was considered a local move and therefore payable at a substantially lower rate than from Florida.

Upon review of the record, we find no error of law or fact in the Claims Group's determination. While it is unfortunate that you were misinformed about your transportation entitlement, your situation is governed by the Joint Federal Travel Regulations. Our Office cannot waive or modify those regulations.

You questioned the fact that the Claims Group did not perform an investigation of your claim. Our Office makes decisions based on the written record submitted to us by the claimant and the agency involved. See 4 C.F.R. Sec. 31.7. In this case the written record was adequate to support the Claims Group's determination.