B-71785, MAR 22, 1954

B-71785: Mar 22, 1954

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HILL: REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 1. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED NOVEMBER 25. THE SAID DISALLOWANCE WAS SUSTAINED. YOUR PRESENT REQUEST FOR FURTHER REVIEW OF THE MATTER IS BASED UPON YOUR BELIEF THAT THE CLAIM IS NOW ALLOWABLE PURSUANT TO PUBLIC LAW 40. THE RIGHTS OF A MEMBER OF THE ARMED FORCES TO MAKE SUCH SHIPMENT ARE BASED ON HIS GRADE OR RANK ON THE EFFECTIVE DATE OF THE ORDERS ASSIGNING HIM TO A NEW PERMANENT STATION. ARE NOT INCREASED BY APPOINTMENT TO A HIGHER GRADE WHILE ASSIGNED TO SUCH NOW STATION. YOU WERE SERVING IN THE GRADE OF SPECIALIST (S) THIRD CLASS. YOU WERE NOT IN A GRADE ENTITLING YOU TO TRANSPORTATION OF HOUSEHOLD EFFECTS INCIDENT TO PERMANENT CHANGE OF STATION ORDERS.

B-71785, MAR 22, 1954

PRECIS-UNAVAILABLE

MR. JULIOUS C. HILL:

REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 1, 1953, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN THE TRANSPORTATION OF HOUSEHOLD EFFECTS FROM MILTON, FLORIDA, TO PENSACOLA, FLORIDA, ON OCTOBER 7, 1946, WHILE ON ACTIVE DUTY AS SPECIALIST (S) SECOND CLASS, UNITED STATES NAVAL RESERVE. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED NOVEMBER 25, 1947, AND THE SAID DISALLOWANCE WAS SUSTAINED, UPON REVIEW, IN DECISION DATED OCTOBER 20, 1948, B-71785.

YOUR PRESENT REQUEST FOR FURTHER REVIEW OF THE MATTER IS BASED UPON YOUR BELIEF THAT THE CLAIM IS NOW ALLOWABLE PURSUANT TO PUBLIC LAW 40, 83D CONGRESS, APPROVED MAY 27, 1953, 67 STAT. 38.

UNDER THE REGULATIONS GOVERNING SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE, THE RIGHTS OF A MEMBER OF THE ARMED FORCES TO MAKE SUCH SHIPMENT ARE BASED ON HIS GRADE OR RANK ON THE EFFECTIVE DATE OF THE ORDERS ASSIGNING HIM TO A NEW PERMANENT STATION, AND ARE NOT INCREASED BY APPOINTMENT TO A HIGHER GRADE WHILE ASSIGNED TO SUCH NOW STATION.

THE RECORD SHOWS THAT AT THE TIME OF YOUR TRANSFER FROM CORPUS CHRISTI, TEXAS, TO PENSACOLA, FLORIDA, ON NOVEMBER 9, 1944, YOU WERE SERVING IN THE GRADE OF SPECIALIST (S) THIRD CLASS, A GRADE NOT ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE. SINCE, ON THE DATE OF YOUR ASSIGNMENT TO PERMANENT STATION AT PENSACOLA, YOU WERE NOT IN A GRADE ENTITLING YOU TO TRANSPORTATION OF HOUSEHOLD EFFECTS INCIDENT TO PERMANENT CHANGE OF STATION ORDERS, YOU MAY NOT BE REIMBURSED FOR THE COST OF SHIPPING YOUR EFFECTS FROM MILTON, FLORIDA, TO PENSACOLA, EVEN THOUGH SUCH SHIPMENT WAS NOT MADE UNTIL AFTER YOU HAD BEEN PROMOTED TO SPECIALIST (S) SECOND CLASS. THAT GRADE WOULD HAVE ENTITLED YOU TO TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE ONLY IF HELD ON THE DATE OF YOUR TRANSFER FROM CORPUS CHRISTI TO PENSACOLA.

FURTHERMORE, THE LAW REFERRED TO BY YOU, PUBLIC LAW 40, RELATES ONLY TO SHIPMENTS OF HOUSEHOLD EFFECTS OF NAVAL RESERVISTS FROM THEIR HOME OF RECORD TO A SELECTED PLACE AFTER THEIR RELEASE FROM ACTIVE DUTY AND THEREFORE HAS NO APPLICATION IN YOUR CASE.

ACCORDINGLY, THE DECISION OF OCTOBER 20, 1948, B-71785, IS AFFIRMED.

THERE ALSO HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 16, 1953, RELATIVE TO YOUR CLAIM FOR ADDITIONAL PAY FOR LONGEVITY WHILE ON ACTIVE DUTY. THIS CLAIM IS RECEIVING CONSIDERATION AND YOU WILL BE ADVISED WHEN FINAL ACTION IS TAKEN.