Skip to main content

B-194693 O/M, APR 4, 1980

B-194693 O/M Apr 04, 1980
Jump To:
Skip to Highlights

Highlights

FGMSD - CLAIMS GROUP (ROOM 5858): RETURNED HEREWITH IS CLAIMS FILE NO. THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED MARCH 15. FOR REASONS THAT THE RELOCATION OF THE MEMBER'S HOUSEHOLD WAS MADE TO ANOTHER LOCATION IN THE SAME AREA (VIRGINIA BEACH). THE RECORD DID NOT SHOW THAT THE MOVE WAS NECESSARY AS A DIRECT RESULT OF THE PCS. WHILE ERRONEOUS INFORMATION CONCERNING ENTITLEMENT TO A "DO- IT-YOURSELF" MOVE MAY HAVE BEEN GIVEN THE MEMBER IT DID NOT FORM A LEGAL BASIS TO ALLOW THE CLAIM. THE MEMBER'S CLAIM WAS ORIGINALLY TRANSMITTED TO CLAIMS DIVISION FOR SETTLEMENT BY THE NAVY REGIONAL FINANCE CENTER. HIS "DO-IT-YOURSELF" MOVEMENT OF HIS HOUSEHOLD GOODS WAS MADE ON MARCH 25. HE ASSERTS THAT THE MOVE WAS AUTHORIZED AND ADMINISTERED BY THE NORFOLK PERSONAL PROPERTY OFFICE ACTING UNDER REGULATION.

View Decision

B-194693 O/M, APR 4, 1980

SUBJECT: CLAIM FOR LOCAL MOVE OF HOUSEHOLD GOODS UNDER "DO-IT-YOURSELF" PROGRAM - LIEUTENANT BRUCE L. PIERCE, USNR - (Z-2803421) B-194693-O.M.

ASSOCIATE DIRECTOR, FGMSD - CLAIMS GROUP (ROOM 5858):

RETURNED HEREWITH IS CLAIMS FILE NO. Z-2803421 CONCERNING THE CLAIM BY LIEUTENANT BRUCE L. PIERCE, USNR, FOR PAYMENT OF AN INCENTIVE ALLOWANCE FOR MOVING HIS HOUSEHOLD GOODS UNDER THE "DO-IT-YOURSELF" PROGRAM INCIDENT TO A PERMANENT CHANGE OF STATION (PCS) FROM ONE LOCATION TO ANOTHER, WITHIN VIRGINIA BEACH, VIRGINIA. THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED MARCH 15, 1979, FOR REASONS THAT THE RELOCATION OF THE MEMBER'S HOUSEHOLD WAS MADE TO ANOTHER LOCATION IN THE SAME AREA (VIRGINIA BEACH); THE RECORD DID NOT SHOW THAT THE MOVE WAS NECESSARY AS A DIRECT RESULT OF THE PCS; AND WHILE ERRONEOUS INFORMATION CONCERNING ENTITLEMENT TO A "DO- IT-YOURSELF" MOVE MAY HAVE BEEN GIVEN THE MEMBER IT DID NOT FORM A LEGAL BASIS TO ALLOW THE CLAIM.

THE MEMBER'S CLAIM WAS ORIGINALLY TRANSMITTED TO CLAIMS DIVISION FOR SETTLEMENT BY THE NAVY REGIONAL FINANCE CENTER, WASHINGTON, D. C., FOR THE REASON THAT THE PCS ORDERS INVOLVED DID NOT AUTHORIZE A LOCAL MOVE FROM ONE RESIDENCE TO ANOTHER RESIDENCE WITHIN THE SAME CITY (VIRGINIA BEACH).

LIEUTENANT PIERCE'S ORDERS PROVIDED FOR A PCS FROM THE NAVAL AIR STATION, OCEANA, VIRGINIA (WITH AN INTERVENING PERIOD OF TEMPORARY DUTY UNDER INSTRUCTION AT PORT HUENEME, CALIFORNIA) TO THE PUBLIC WORKS CENTER (PWC), NORFOLK, VIRGINIA. HIS "DO-IT-YOURSELF" MOVEMENT OF HIS HOUSEHOLD GOODS WAS MADE ON MARCH 25, 1978. HE ASSERTS THAT THE MOVE WAS AUTHORIZED AND ADMINISTERED BY THE NORFOLK PERSONAL PROPERTY OFFICE ACTING UNDER REGULATION, AND HIS PARTICIPATION WAS TO PHYSICALLY DO THE LABOR INVOLVED.

THE "DO-IT-YOURSELF" HOUSEHOLD GOODS SHIPMENT PROGRAM FOR MEMBERS OF THE UNIFORMED SERVICES IS AUTHORIZED PURSUANT TO SECTION 747 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1976, PUBLIC LAW 94-212, 90 STAT. 153, 176, AND 37 U.S.C. 406 (1976). IMPLEMENTING REGULATIONS ARE FOUND IN VOLUME 1, JOINT TRAVEL REGULATIONS (1 JTR), CHAPTER 8, PART H (CHANGE 298, DECEMBER 1, 1977, IN EFFECT AT TIME OF MOVE). SEE 1 JTR, PARAGRAPH M8400.

PARAGRAPH M8051-4, 1 JTR (CHANGE 293, JULY 1, 1977), IN EFFECT AT THE TIME OF THE MEMBER'S MOVE, AUTHORIZED INTRACITY DRAYAGE OF HOUSEHOLD GOODS - FROM ONE AREA TO ANOTHER WITHIN THE SAME CITY -

"***IN CONNECTION WITH A PERMANENT CHANGE OF STATION, PROVIDING THE AUTHORITY DESIGNATED BY THE SERVICE CONCERNED ISSUES A STATEMENT THAT A LOCAL MOVE OF HOUSEHOLD GOODS WAS NECESSARY AS A DIRECT RESULT OF THE PERMANENT CHANGE OF STATION ***."

IN THIS REGARD PARAGRAPH 3001 (REFERRING TO 1 JTR, M8051) NAVAL SUPPLY SYSTEMS COMMAND PUBLICATION (NAVSUP) 490, TRANSPORTATION OF PERSONAL PROPERTY (IN EFFECT AT THE TIME) ISSUED IN IMPLEMENTATION OF THE JOINT TRAVEL REGULATIONS, PROVIDED A "BLANKET CERTIFICATION" FOR THE NECESSITY OF LOCAL MOVES, USING THE NORFOLK-VIRGINIA BEACH AREA AS AN EXAMPLE. NOTE THAT SUCH "BLANKET CERTIFICATION" HAS SINCE BEEN REMOVED FROM NAVSUP 490, AND EACH CASE MUST BE INDIVIDUALLY CERTIFIED AS TO NECESSITY OF LOCAL MOVES.

WHILE THE ACTION OF NAVY OFFICIALS IN ISSUING THE BLANKET CERTIFICATION IS QUESTIONABLE, WE WILL TREAT IT AS A CONTROLLING AUTHORIZATION FOR CLAIMS PAYMENT PURPOSES. IN THE CIRCUMSTANCES, PAYMENT OF INCENTIVE ALLOWANCE IN THIS CASE IS AUTHORIZED, IF OTHERWISE PROPER. RECOVERY FROM THE MEMBER OF ANY PAYMENT MADE FOR RENTAL OF MOVING EQUIPMENT IS NOT NECESSARY BUT THAT AMOUNT SHOULD BE ACCOUNTED FOR IN DETERMINING APPROPRIATE "DO-IT-YOURSELF" PAYMENTS.

SETTLEMENT OF OTHER CLAIMS INVOLVING SIMILAR CIRCUMSTANCES AND BASED ON THE NAVSUP 490, WHICH PROVIDED THE BLANKET CERTIFICATION, MAY BE MADE ON THE BASIS OF THIS MEMORANDUM.

GAO Contacts

Office of Public Affairs