B-195148, MAR 7, 1980

B-195148: Mar 7, 1980

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A MEMBER'S REQUEST FOR ASSIGNMENT FROM 2-BEDROOM TO 3-BEDROOM GOVERNMENT QUARTERS WAS GRANTED. MEMBER WAS INFORMED THAT HE DID NOT QUALIFY FOR GOVERNMENT MOVE. LATER THE MEMBER IS INFORMED THAT HE WAS ENTITLED TO MOVE AT GOVERNMENT EXPENSE AND HE FILED A CLAIM. MEMBER'S ENTITLEMENT IS GOVERNED BY 1 JTR. SINCE MEMBER INDICATES THAT HIS ONLY EXPENSE WAS NON-MONETARY (I.E. THE CLAIM IS DENIED. BASE HOUSING ALSO INFORMED HIM THAT HE WAS NOT ENTITLED TO HAVE HIS HOUSEHOLD EFFECTS MOVED AT GOVERNMENT EXPENSE. SERGEANT TAYLOR WAS ADVISED TO FILE A CLAIM AGAINST THE GOVERNMENT. A MEMBER'S ENTITLEMENT TO TRANSPORTATION OF HIS HOUSEHOLD GOODS IS GOVERNED BY REGULATIONS PROVIDED IN VOLUME 1 OF THE JOINT TRAVEL REGULATIONS (1 JTR).

B-195148, MAR 7, 1980

DIGEST: DUE TO THE BIRTH OF HIS THIRD CHILD, A MEMBER'S REQUEST FOR ASSIGNMENT FROM 2-BEDROOM TO 3-BEDROOM GOVERNMENT QUARTERS WAS GRANTED. MEMBER WAS INFORMED THAT HE DID NOT QUALIFY FOR GOVERNMENT MOVE, AND HE MOVED HIMSELF. LATER THE MEMBER IS INFORMED THAT HE WAS ENTITLED TO MOVE AT GOVERNMENT EXPENSE AND HE FILED A CLAIM. MEMBER'S ENTITLEMENT IS GOVERNED BY 1 JTR, PARA. M8500 WHICH ALLOWS MEMBER TO BE REIMBURSED ACTUAL EXPENSES INCURRED. SINCE MEMBER INDICATES THAT HIS ONLY EXPENSE WAS NON-MONETARY (I.E., PERSONAL LABOR EXPENDED), THE CLAIM IS DENIED.

STAFF SERGEANT VERNON L. TAYLOR, USAF:

STAFF SERGEANT VERNON L. TAYLOR, USAF, APPEALS OUR CLAIMS DIVISION'S DENIAL OF HIS CLAIM FOR MOVING EXPENSES INCIDENT TO HIS ON-BASE MOVE FROM 2-BEDROOM TO 3-BEDROOM QUARTERS. FOR THE FOLLOWING REASONS, WE AFFIRM THE DENIAL OF THE CLAIM.

WHILE STATIONED AT MCCONNELL AIR FORCE BASE, KANSAS, SERGEANT TAYLOR HAD REQUESTED REASSIGNMENT FROM 2-BEDROOM TO 3-BEDROOM GOVERNMENT QUARTERS DUE TO THE BIRTH OF HIS THIRD CHILD. HE STATES THAT ON APRIL 8, 1977, THE BASE HOUSING OFFICE INFORMED HIM THAT HIS REQUEST HAD BEEN APPROVED. BASE HOUSING ALSO INFORMED HIM THAT HE WAS NOT ENTITLED TO HAVE HIS HOUSEHOLD EFFECTS MOVED AT GOVERNMENT EXPENSE. THEREFORE, ON OR ABOUT APRIL 25, 1977, SERGEANT TAYLOR BORROWED A FRIEND'S PICKUP TRUCK AND MOVED HIS HOUSEHOLD EFFECTS INTO HIS NEW QUARTERS.

ON SEPTEMBER 26, 1977, THE CLAIMANT CONTACTED THE BASE HOUSING OFFICE TO VERIFY INFORMAL INFORMATION HE HAD RECEIVED THAT HE HAD BEEN ERRONEOUSLY DENIED A MOVE AT GOVERNMENT EXPENSE. BASE HOUSING INDICATED THAT AN OVERSIGHT HAD OCCURRED. BECAUSE OF THIS ALLEGEDLY ERRONEOUS INFORMATION DENYING HIM A MOVE AT GOVERNMENT EXPENSE, SERGEANT TAYLOR WAS ADVISED TO FILE A CLAIM AGAINST THE GOVERNMENT.

A MEMBER'S ENTITLEMENT TO TRANSPORTATION OF HIS HOUSEHOLD GOODS IS GOVERNED BY REGULATIONS PROVIDED IN VOLUME 1 OF THE JOINT TRAVEL REGULATIONS (1 JTR), CHAPTER 8. UNDER CHAPTER 8 WHERE A MEMBER NEITHER HAS A MOVE AT GOVERNMENT EXPENSE NOR ADVANCE APPROVAL FOR SOME OTHER MODE OF SHIPMENT, HIS ENTITLEMENT TO MOVING EXPENSES IS GOVERNED SOLELY BY THE PROVISIONS OF 1 JTR, PARA. M8500.

AMONG OTHER THINGS, PARAGRAPH M8500 ENTITLES A MEMBER WHO ARRANGES FOR THE SHIPMENT OF HOUSEHOLD GOODS AT PERSONAL EXPENSE TO BE REIMBURSED FOR THE ACTUAL COST OF THE SHIPMENT. WHEN SERGEANT TAYLOR WAS APPRISED OF THIS REGULATION, HE INDICATED THAT HE HAD NO RECEIPTS FOR EXPENSES AND THAT HIS ONLY REAL EXPENSE WAS THE LABOR HE EXPENDED IN MOVING HIS GOODS. WHILE IT IS UNFORTUNATE THAT SERGEANT TAYLOR MAY HAVE INITIALLY BEEN MISINFORMED AS TO HIS ENTITLEMENT TO MOVEMENT OF HIS GOODS AT GOVERNMENT EXPENSE, PARAGRAPH M8500 ONLY AUTHORIZES REIMBURSEMENT OF MEMBERS FOR MONETARY EXPENDITURES. NEITHER THAT PARAGRAPH NOR ANY OTHER PROVISION PROVIDES A BASIS FOR REIMBURSING SERGEANT TAYLOR IN THESE CIRCUMSTANCES.

ACCORDINGLY THE DENIAL OF THE CLAIM IS SUSTAINED.