B-162577, MAY 14, 1968

B-162577: May 14, 1968

Additional Materials:

Contact:

Shirley Jones
(202) 512-8156
jonessa@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

BARRIE: REFERENCE IS MADE TO YOUR LETTERS OF FEBRUARY 23 AND MARCH 15. COPIES OF THESE LETTERS AND ENCLOSURES HAVE BEEN REFERRED HERE FOR CONSIDERATION BY THE HONORABLE JAMES B. WE ALSO HELD THAT YOU WERE NOT ENTITLED TO TRAVEL ALLOWANCE FOR TRAVEL PERFORMED TO YOUR HOME OF SELECTION IN HARTFORD. YOU WERE NOT ENTITLED TO THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE TO HARTFORD EVEN THOUGH YOU CERTIFIED YOU SELECTED HARTFORD AS YOUR HOME UPON RETIREMENT. YOU CONCEDE THAT YOU ARE NOT ENTITLED TO TRAVEL ALLOWANCE FOR YOUR TRAVEL TO HARTFORD. WERE ENTITLED TO THE SHIPMENTS OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FROM CHULA VISTA. REGULATIONS AND PROFESSIONAL GUIDANCE GIVEN BY GOVERNMENT PERSONNEL WHO ARE SUPPOSED TO GIVE ACCURATE GUIDANCE.

B-162577, MAY 14, 1968

TO LIEUTENANT COMMANDER ROBERT W. BARRIE:

REFERENCE IS MADE TO YOUR LETTERS OF FEBRUARY 23 AND MARCH 15, 1968, TO THE HONORABLE BOB WILSON, HOUSE OF REPRESENTATIVES, WHICH IN EFFECT REQUEST RECONSIDERATION OF OUR DECISION DATED NOVEMBER 8, 1967, B 162577. COPIES OF THESE LETTERS AND ENCLOSURES HAVE BEEN REFERRED HERE FOR CONSIDERATION BY THE HONORABLE JAMES B. UTT, HOUSE OF REPRESENTATIVES.

IN THAT DECISION, WE SUSTAINED THE DISALLOWANCE BY OUR CLAIMS DIVISION OF YOUR WIFE'S CLAIM FOR THE REFUND OF EXCESS COSTS COLLECTED FROM HER ON ACCOUNT OF THE SHIPMENT OF HOUSEHOLD EFFECTS UNDER GOVERNMENT BILL OF LADING FROM HARTFORD, CONNECTICUT, TO SAN DIEGO, CALIFORNIA, INCIDENT TO HER RETIREMENT. WE ALSO HELD THAT YOU WERE NOT ENTITLED TO TRAVEL ALLOWANCE FOR TRAVEL PERFORMED TO YOUR HOME OF SELECTION IN HARTFORD, CONNECTICUT, INCIDENT TO YOUR RETIREMENT ON JULY 1, 1963, IN THE ABSENCE OF EVIDENCE THAT YOU PERFORMED TRAVEL THERE PRIOR TO JUNE 30, 1964, FOR THE PURPOSE OF ESTABLISHING A RESIDENCE. WE STATED FURTHER THAT IN THE ABSENCE OF SUCH A SHOWING, YOU WERE NOT ENTITLED TO THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE TO HARTFORD EVEN THOUGH YOU CERTIFIED YOU SELECTED HARTFORD AS YOUR HOME UPON RETIREMENT, AND TURNED OVER YOUR HOUSEHOLD EFFECTS WITHIN THE PRESCRIBED ONE-YEAR PERIOD TO A TRANSPORTATION OFFICER FOR SHIPMENT TO THAT PLACE.

IN YOUR LETTER OF FEBRUARY 23, 1968, YOU CONCEDE THAT YOU ARE NOT ENTITLED TO TRAVEL ALLOWANCE FOR YOUR TRAVEL TO HARTFORD, SINCE YOU DID NOT TRAVEL THERE WITHIN THE ONE-YEAR PERIOD AFTER RETIREMENT. HOWEVER, YOU CONTEND THAT YOU AND YOUR WIFE, LIEUTENANT COMMANDER MARGUERITE J. BARRIE, USN, RETIRED, WERE ENTITLED TO THE SHIPMENTS OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FROM CHULA VISTA, CALIFORNIA, TO HARTFORD AND BACK TO SAN DIEGO, CALIFORNIA, INCIDENT TO YOUR RETIREMENT AND THAT OF YOUR WIFE.

WITH RESPECT TO YOUR WIFE'S CLAIM, YOU STATED YOUR BELIEF THAT THE CLAIM OF ONE SERVICE MEMBER MARRIED TO ANOTHER SERVICE MEMBER SHOULD NOT BE CONSIDERED WITH THE CLAIM OF THE OTHER MEMBER. EACH SHOULD BE CONSIDERED ON THE MERITS OF THE CLAIM IN ACCORDANCE WITH THE INDIVIDUAL MEMBER'S RIGHTS AND PRIVILEGES UNDER THE STATUTES, REGULATIONS AND PROFESSIONAL GUIDANCE GIVEN BY GOVERNMENT PERSONNEL WHO ARE SUPPOSED TO GIVE ACCURATE GUIDANCE.

AS TO YOUR CLAIM FOR SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE INCIDENT TO YOUR RETIREMENT ON JULY 1, 1963, YOU CITED SOME OF THE PROVISIONS OF CHAPTER 8 OF THE JOINT TRAVEL REGULATIONS AND THE PERTINENT PAGES IN THE MANUAL "NAVY GUIDE FOR RETIRED PERSONNEL AND THEIR FAMILIES" WHICH YOU ENCLOSED, IN SUPPORT OF YOUR CONTENTION THAT THEY DO NOT CONTAIN THE PROVISIONS WHICH WE STATED IN OUR DECISION REQUIRED THAT A MEMBER MUST PERFORM TRAVEL TO THE SELECTED HOME WITHIN ONE YEAR AFTER RETIREMENT TO BE ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE, EVEN THOUGH SUCH EFFECTS WERE TURNED OVER TO A TRANSPORTATION OFFICER FOR SHIPMENT TO THAT HOME WITHIN THE ONE-YEAR PERIOD AFTER RETIREMENT.

AS STATED IN OUR DECISION OF NOVEMBER 8, 1967, THE PURPOSE OF THE STATUTE AND REGULATIONS IS TO AUTHORIZE TRANSPORTATION AT GOVERNMENT EXPENSE FOR A MEMBER, HIS DEPENDENTS, AND HOUSEHOLD EFFECTS TO THE PLACE WHERE THE MEMBER GOES TO RESIDE FOLLOWING RETIREMENT, PROVIDED THE TRAVEL IS PERFORMED AND THE HOUSEHOLD EFFECTS ARE TURNED OVER TO A TRANSPORTATION OFFICER OR CARRIER FOR SHIPMENT WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY.

AS EXPLAINED IN THAT DECISION, UNDER THE STATUTORY AND REGULATORY AUTHORITY THERE CITED, UNLESS A PLACE IS SELECTED AND TRAVEL TO IT FOR THE PURPOSE OF ESTABLISHING A RESIDENCE IS PERFORMED BY A MEMBER WITHIN THE PRESCRIBED ONE-YEAR PERIOD, NO RIGHT TO TRAVEL AND TRANSPORTATION ALLOWANCES ACCRUES. WHERE, AS IN YOUR CASE, A MEMBER REQUESTS SHIPMENT OF HIS HOUSEHOLD EFFECTS TO A PLACE SELECTED BY HIM AS HIS HOME UPON RETIREMENT AND HE DOES NOT TRAVEL TO THAT PLACE TO ESTABLISH A RESIDENCE WITHIN THE SPECIFIED ONE-YEAR PERIOD, HE SIMPLY HAS NOT ESTABLISHED A HOME OF SELECTION WITHIN THE CONTEMPLATION OF THE REGULATIONS. IN THESE CIRCUMSTANCES HE IS CHARGEABLE WITH THE COST OF THE SHIPMENT, INCLUDING TEMPORARY STORAGE.

WITH RESPECT TO THE SHIPMENT OF THE HOUSEHOLD EFFECTS FROM STORAGE IN HARTFORD, CONNECTICUT, TO STORAGE IN SAN DIEGO, CALIFORNIA, INCIDENT TO THE RETIREMENT OF YOUR WIFE AT SAN DIEGO, CALIFORNIA, ON JULY 1, 1964, THE APPLICABLE REGULATIONS CITED IN OUR DECISION TO YOU CLEARLY SET FORTH THE EXTENT OF A MEMBER'S ENTITLEMENT TO THE SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE UPON RETIREMENT. BRIEFLY STATED, THIS ENTITLEMENT IS LIMITED TO THE COST OF SHIPPING THE MEMBER'S EFFECTS FROM AN AUTHORIZED LOCATION TO WHICH SUCH EFFECTS HAD BEEN PREVIOUSLY SHIPPED AT GOVERNMENT EXPENSE UNDER PERMANENT CHANGE OF STATION ORDERS ISSUED TO THAT MEMBER, TO THE MEMBER'S HOME OF SELECTION.

THE RECORD CLEARLY SHOWS THAT THE HOUSEHOLD EFFECTS THAT WERE SHIPPED TO STORAGE IN HARTFORD, CONNECTICUT, WERE NOT SHIPPED THERE UNDER ANY ORDERS WHICH YOUR WIFE RECEIVED. UNDER HER RETIREMENT ORDERS, SHE WAS ONLY ENTITLED TO SHIPMENT OF EFFECTS TO HER HOME OF SELECTION, SAN DIEGO,CALIFORNIA, NOT TO EXCEED THE COST TO THE GOVERNMENT, FOR SHIPPING THEM FROM SAN DIEGO, HER LAST DUTY STATION. HER ENTITLEMENT WAS THEREFORE LIMITED TO A LOCAL DRAYAGE CHARGE IN SAN DIEGO, CALIFORNIA.

THE FACT THAT YOU AND MRS. BARRIE MAY HAVE BEEN ERRONEOUSLY ADVISED OF YOUR ENTITLEMENT BY GOVERNMENT PERSONNEL DOES NOT, IN OUR OPINION, AFFORD A LEGAL BASIS FOR THE GOVERNMENT TO ASSUME THE COSTS INVOLVED IN THE SHIPMENT OF THE HOUSEHOLD EFFECTS MADE UNDER GOVERNMENT BILL OF LADING FROM SAN DIEGO, CALIFORNIA, TO HARTFORD, CONNECTICUT, INCIDENT TO YOUR RETIREMENT ON JULY 1, 1963, OR FOR THE SHIPMENT OF THESE EFFECTS UNDER GOVERNMENT BILL OF LADING FROM HARTFORD BACK TO SAN DIEGO, INCIDENT TO YOUR WIFE'S RETIREMENT ON JULY 1, 1964. UNDER THOSE CIRCUMSTANCES, WE MUST AFFIRM OUR DECISION OF NOVEMBER 8, 1967.

Oct 30, 2020

Oct 29, 2020

Oct 28, 2020

Looking for more? Browse all our products here