B-166161, FEB. 17, 1969

B-166161, FEB. 17, 1969

TO MASTER SERGEANT ALBERT ALBERDA, RET.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 22, 1969, REQUESTING REVIEW OF THE SETTLEMENT OF SEPTEMBER 30, 1968, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF MOVING YOUR HOUSEHOLD EFFECTS FROM PETALUMA, CALIFORNIA, TO SONOMA, CALIFORNIA,DURING THE FIRST WEEK OF SEPTEMBER 1967, PRIOR TO ORDERS FOR YOUR RETIREMENT FROM THE AIR FORCE.

ON JULY 12, 1967, YOU SUBMITTED AN APPLICATION FOR RETIREMENT EFFECTIVE FEBRUARY 29, 1968. BY RETIREMENT ORDERS DATED NOVEMBER 15, 1967, YOU WERE RELIEVED FROM DUTY AT HAMILTON AIR FORCE BASE, CALIFORNIA, ON FEBRUARY 29, 1968, AND RETIRED EFFECTIVE MARCH 1, 1968. YOU SAY THAT IN ANTICIPATION OF RETIREMENT ORDERS AND TO AVOID MOVING YOUR FAMILY DURING THE SCHOOL YEAR YOU SOLD YOUR HOME IN PETALUMA, PURCHASED A RETIREMENT HOME IN SONOMA AND HAULED YOUR HOUSEHOLD EFFECTS IN A TRAILER AT PERSONAL EXPENSE. YOUR CLAIM FOR REIMBURSEMENT WAS DENIED BY THE AIR FORCE AND WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT THE RECORD DOES NOT SHOW THAT SHIPMENT PRIOR TO ORDERS HAD BEEN AUTHORIZED BY THE AIR FORCE.

IN YOUR PRESENT LETTER YOU CONTEND THAT APPROVAL FOR THE SHIPMENT PRIOR TO RECEIPT OF ORDERS WAS GIVEN BY THE TRAFFIC MANAGEMENT OFFICER AT HAMILTON AIR FORCE BASE BY LETTER OF NOVEMBER 21, 1967, COPY OF WHICH YOU FURNISHED. ALSO, YOU SAY THAT SINCE YOU WOULD BE RETIRING WITH MORE THAN 29 YEARS AND 6 MONTHS OF SERVICE THERE COULD BE NO DOUBT THAT RETIREMENT ORDERS WOULD BE ISSUED.

SECTION 406 OF TITLE 37 OF THE U.S.C. PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO SHIPMENT OF HIS HOUSEHOLD EFFECTS WHEN ORDERED TO MAKE A CHANGE OF STATION. PARAGRAPH M8260 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT AUTHORITY OF LAW PROVIDES THAT UPON RETIREMENT A MEMBER MAY SHIP HIS HOUSEHOLD EFFECTS TO THE HOME SELECTED BY HIM FOR PAYMENT OF MILEAGE UNDER PARAGRAPH M4158 OF THE REGULATIONS. PARAGRAPH M8015-1 OF THE REGULATIONS SPECIFICALLY PROVIDES THAT TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO ISSUANCE OF ORDERS EXCEPT IN CASE OF EMERGENCY, EXIGENCY OF THE SERVICE, OR WHEN REQUIRED BY SERVICE NECESSITY AS DETERMINED BY THE APPROPRIATE AUTHORITY OF THE UNIFORMED SERVICE CONCERNED.

THE RECORD SHOWS THAT PRIOR TO HAULING YOUR EFFECTS TO SONOMA YOU WENT TO THE TRAFFIC MANAGEMENT OFFICE AT HAMILTON AIR FORCE BASE AND REQUESTED THAT YOUR EFFECTS BE MOVED TO SONOMA ON OR BEFORE SEPTEMBER 1, 1967, AND THAT YOU WERE ADVISED YOUR EFFECTS COULD NOT BE MOVED WITHOUT YOUR RETIREMENT ORDERS. SUCH ADVICE APPARENTLY WAS BASED ON THE FACT THAT NO EMERGENCY, EXIGENCY OF THE SERVICE OR SERVICE NECESSITY WAS SHOWN.

THE LETTER OF NOVEMBER 21, 1967, FROM THE TRAFFIC MANAGEMENT OFFICER AT HAMILTON AIR FORCE BASE WAS WRITTEN TO THE ACCOUNTING AND FINANCE OFFICER AT THE SAME BASE FOR THE PURPOSE OF ADVISING THAT OFFICER WHAT IT WOULD HAVE COST THE GOVERNMENT TO SHIP YOUR EFFECTS HAD SHIPMENT BEEN AUTHORIZED AND MADE BY THE GOVERNMENT. SINCE YOU SAY YOU RECEIVED THE RETIREMENT ORDERS ON NOVEMBER 20, 1967, AND HAD HAULED YOUR EFFECTS EARLIER IT IS APPARENT THAT THIS WAS NOT AN AUTHORIZATION TO SHIP YOUR EFFECTS PRIOR TO ORDERS. UNDER THE LAW AND REGULATIONS THE EXPECTATION THAT CHANGE OF STATION ORDERS, INCLUDING ORDERS FOR RETIREMENT, WILL BE ISSUED DOES NOT AFFORD A BASIS FOR SHIPMENT OF HOUSEHOLD EFFECTS PRIOR TO ORDERS.

SINCE YOU MOVED YOUR HOUSEHOLD EFFECTS PRIOR TO ISSUANCE OF ORDERS FOR YOUR RETIREMENT AND THE RECORD DOES NOT SHOW THAT YOU WERE AUTHORIZED TO MAKE SUCH SHIPMENT THERE IS NO BASIS FOR PAYMENT OF YOUR CLAIM. THEREFORE, THE SETTLEMENT OF SEPTEMBER 30, 1968, WAS CORRECT AND IS SUSTAINED.

YOU SAY YOU NOW PLAN TO MOVE YOUR FAMILY TO FAIRBANKS, ALASKA, AND REQUEST INFORMATION AS TO THE TIME LIMIT AFTER RETIREMENT DURING WHICH HOUSEHOLD EFFECTS MAY BE SHIPPED AND TO WHOM APPLICATION FOR SHIPMENT SHOULD BE MADE. APPARENTLY, YOU ARE UNDER THE IMPRESSION THAT SINCE YOU WERE NOT PAID FOR MOVING YOUR EFFECTS TO SONOMA YOU ARE ENTITLED TO SHIPMENT OF YOUR HOUSEHOLD EFFECTS AND TRANSPORTATION FOR YOUR FAMILY TO ANOTHER LOCATION.

PARAGRAPH M4158 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER IS ENTITLED TO SELECT A HOME UPON RETIREMENT AND THAT TRAVEL TO THE SELECTED HOME MUST BE COMPLETED WITHIN ONE YEAR AFTER THE TERMINATION OF ACTIVE DUTY. THE TRAVEL ALLOWANCE IS PAYABLE UPON COMPLETION OF THE TRAVEL. FURTHER PROVIDES THAT ONCE A HOME IS SELECTED AND TRAVEL ALLOWANCE RECEIVED FOR TRAVEL OR TRANSPORTATION TO SUCH HOME, SUCH SELECTION IS IRREVOCABLE. UNDER PARAGRAPH M8260 OF THE REGULATIONS HOUSEHOLD EFFECTS MAY BE SHIPPED TO THE SAME HOME AND MUST BE TURNED OVER TO THE TRANSPORTATION OFFICER OR CARRIER FOR SHIPMENT WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY. PARAGRAPH M7010 OF THE REGULATIONS PROVIDES FOR TRAVEL OF DEPENDENTS TO THE SAME HOME WITHIN THE SAME PERIOD OF TIME.

SINCE YOU HAVE REPEATEDLY REFERRED TO SONOMA AS YOUR HOME UPON RETIREMENT AND IT IS APPARENT THAT YOU COMPLETED TRAVEL THERE, IT IS ASSUMED THAT YOU WERE PAID A TRAVEL ALLOWANCE TO THAT CITY AS YOUR HOME OF SELECTION UPON RETIREMENT. THEREFORE, NOTWITHSTANDING THAT YOUR CLAIM MAY NOT BE PAID, YOU EXHAUSTED YOUR TRANSPORTATION RIGHTS AND ARE NOT ENTITLED TO MOVE YOUR FAMILY AND HOUSEHOLD EFFECTS TO ANOTHER LOCATION INCIDENT TO YOUR RETIREMENT AT GOVERNMENT EXPENSE.