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B-129356, OCT. 11, 1956

B-129356 Oct 11, 1956
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GIBSON: FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 11. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THERE IS NO RECORD OF AN ADMINISTRATIVE AUTHORIZATION OR APPROVAL OF THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE. YOU STATE THAT YOU SUBMITTED THE CLAIM AT THE SUGGESTION OF A FELLOW EMPLOYEE WHO IS OF THE OPINION THAT YOU ARE ENTITLED TO REIMBURSEMENT FOR COSTS INCURRED IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS. SINCE IN CERTAIN SIMILAR SITUATIONS EMPLOYEES HAVE BEEN REIMBURSED FOR SUCH COSTS. COULD HAVE AUTHORIZED PAYMENT OF THE EXPENSES INVOLVED. IT IS NOT UNDERSTOOD HOW THE JOINT TRAVEL REGULATIONS MAY BE CONSIDERED IN YOUR CASE SINCE THEY APPLY ONLY TO MILITARY PERSONNEL.

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B-129356, OCT. 11, 1956

TO MR. FORREST L. GIBSON:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 11, 1956 REQUESTING REVIEW OF OUR SETTLEMENT OF JULY 26, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPMENT OF HOUSEHOLD EFFECTS, IN JUNE 1951, FROM SIERRA ORDNANCE DEPOT, HERLONG, CALIFORNIA, TO CAMP COOKE, CALIFORNIA, AS AN EMPLOYEE OF THE ORDNANCE CORPS, DEPARTMENT OF THE ARMY.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THERE IS NO RECORD OF AN ADMINISTRATIVE AUTHORIZATION OR APPROVAL OF THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE.

YOU STATE THAT YOU SUBMITTED THE CLAIM AT THE SUGGESTION OF A FELLOW EMPLOYEE WHO IS OF THE OPINION THAT YOU ARE ENTITLED TO REIMBURSEMENT FOR COSTS INCURRED IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS, INASMUCH AS THAT PORTION OF THE JOINT TRAVEL REGULATIONS WHICH PRECLUDED REIMBURSEMENT HAS BEEN OVERRULED BY THE UNITED STATES SUPREME COURT, AND ALSO, SINCE IN CERTAIN SIMILAR SITUATIONS EMPLOYEES HAVE BEEN REIMBURSED FOR SUCH COSTS. YOU ALSO ASK TO BE INFORMED AS TO WHETHER THE ADMINISTRATIVE AGENCY WHICH ORDERED YOUR MOVE TO CAMP COOKE, CALIFORNIA, COULD HAVE AUTHORIZED PAYMENT OF THE EXPENSES INVOLVED.

IT IS NOT UNDERSTOOD HOW THE JOINT TRAVEL REGULATIONS MAY BE CONSIDERED IN YOUR CASE SINCE THEY APPLY ONLY TO MILITARY PERSONNEL, WHEREAS THE RECORD SHOWS THAT YOU WERE A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY AT THE TIME OF YOUR MOVE. FURTHER, YOU ARE ADVISED THAT ANY PAYMENTS WHICH MAY HAVE BEEN MADE IN OTHER CASES AFFORD NO GROUNDS FOR ALLOWANCE IN YOUR CASE.

PAYMENT OF THE EXPENSES OF TRANSPORTATION OF YOUR HOUSEHOLD GOODS IS GOVERNED BY THE PROVISIONS OF SECTION 1 (A) OF THE ACT OF AUGUST 2, 1946, 60 STAT. 806, AS AMENDED, AND THE REGULATIONS ISSUED PURSUANT THERETO AS CONTAINED IN EXECUTIVE ORDER NO. 10196, DATED DECEMBER 20, 1950. UNDER THE SAID ACT AND REGULATION PAYMENT MAY BE MADE ONLY "WHEN AUTHORIZED OR APPROVED.' IT DOES NOT APPEAR FROM THE RECORD THAT THERE WAS ANY AUTHORITY GIVEN FOR THE SHIPMENT OF YOUR HOUSEHOLD GOODS, NOR DOES IT APPEAR THAT SUCH SHIPMENT ON YOUR OWN INITIATIVE HAS BEEN ADMINISTRATIVELY APPROVED. THE DISCRETION TO AUTHORIZE OR APPROVE TRANSPORTATION OF AN EMPLOYEE'S HOUSEHOLD GOODS ON TRANSFER OF STATION RESTS WITH THE DEPARTMENT OF THE ARMY, BUT THAT AUTHORITY DOES NOT EXTEND TO AN EMPLOYEE REPORTING TO HIS FIRST PERMANENT DUTY STATION WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES.

THEREFORE, OUR SETTLEMENT OF JULY 26, 1956, DISALLOWING YOUR CLAIM IS CORRECT AND MUST BE SUSTAINED.

REGARDING YOUR REQUEST THAT THE CORRESPONDENCE FORWARDED TO OUR OFFICE IN SUPPORT OF YOUR CLAIM BE RETURNED, YOU ARE ADVISED THAT ORIGINAL DOCUMENTS SUBMITTED IN SUPPORT OF A CLAIM BECOME A PART OF THE PERMANENT FILES OF OUR OFFICE AND CANNOT BE RETURNED.

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