B-137617, JAN. 12, 1965

B-137617, JAN. 12, 1965

TO MR. MAXIMO SABERON:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 19, 1964, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS IN JANUARY 1957 FROM BAYONNE, NEW JERSEY, TO WASHINGTON, D.C., WHILE YOU WERE SERVING ON ACTIVE DUTY AS A MEMBER OF THE FLEET RESERVE.

OUR DECISION, B-137617, DATED OCTOBER 28, 1958, SUSTAINED THE SETTLEMENT DATED NOVEMBER 25, 1957, WHICH DISALLOWED YOUR CLAIM. WE POINTED OUT IN THE DECISION THAT PARAGRAPHS 7009-3 AND 8010-2 OF THE JOINT TRAVEL REGULATIONS WHICH WERE IN EFFECT AT THE TIME THE SHIPMENT WAS MADE, REQUIRED THAT ORDERS DIRECTING ADVANCE RETURN OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS OF MEMBERS OF THE UNIFORMED SERVICES FROM OVERSEAS TO THE UNITED STATES, SPECIFICALLY PROHIBIT SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE BEYOND THE POINT OF DEBARKATION IN THE UNITED STATES. THE REGULATIONS THEN PROVIDED THAT AFTER THE MEMBER WAS TRANSFERRED TO DUTY STATION IN THE UNITED STATES, FURTHER TRANSPORTATION WAS AUTHORIZED, NOT TO EXCEED ENTITLEMENT FROM THE POINT OF DEBARKATION IN THE UNITED STATES TO THE MEMBER'S NEW DUTY STATION.

IN YOUR LETTER, YOU REFER TO A REVISION IN THE JOINT TRAVEL REGULATIONS, EFFECTIVE OCTOBER 1, 1964, WHICH AUTHORIZES PAYMENT UNDER CIRCUMSTANCES SUCH AS WERE INVOLVED IN YOUR CLAIM AND YOU EXPRESS THE BELIEF THAT YOU SHOULD BE PAID UNDER THE NEW REGULATIONS. IT IS PRESUMED YOU ARE REFERRING TO PARAGRAPH 8303 OF THE JOINT TRAVEL REGULATIONS PERTAINING TO THE TRANSPORTATION OF HOUSEHOLD GOODS INCIDENT TO UNUSUAL OR EMERGENCY CIRCUMSTANCES CONCERNING PERSONAL SITUATIONS, WHICH WAS ISSUED EFFECTIVE OCTOBER 1, 1964. THE REGULATION PROVIDES THAT WHEN THE TRANSPORTATION OF A MEMBER'S DEPENDENTS IS AUTHORIZED FROM OUTSIDE THE UNITED STATES UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES AS PROVIDED IN PARAGRAPH 7103, THE TRANSPORTATION OF HIS HOUSEHOLD GOODS MAY ALSO BE AUTHORIZED TO AN APPROPRIATE DESTINATION IN THE UNITED STATES OR ELSEWHERE AS THERE PROVIDED AND UPON THE MEMBER'S SUBSEQUENT TRANSFER UNDER PERMANENT CHANGE OF STATION, TRANSPORTATION OF HIS HOUSEHOLD GOODS MAY BE AUTHORIZED FROM THE PLACE TO WHICH THEY WERE SHIPPED TO THE NEW DUTY STATION. THIS AUTHORIZATION WAS FIRST PROMULGATED IN PARAGRAPH 8301 OF THE JOINT TRAVEL REGULATIONS, DATED DECEMBER 1, 1959, AND PROVIDED FOR THE FIRST TIME SUBSTANTIALLY THE SAME AUTHORITY FOR THE ADVANCE SHIPMENT OF HOUSEHOLD GOODS TO AN APPROPRIATE DESTINATION IN THE UNITED STATES, AS NOW CONTAINED IN PARAGRAPH 8303.

IT IS WELL SETTLED THAT WHEN REGULATIONS ARE ISSUED, RIGHTS THEREUNDER BECOME FIXED, AND ALTHOUGH SUCH REGULATIONS MAY BE AMENDED PROSPECTIVELY TO INCREASE THE RIGHTS GIVEN THEREBY, THEY MAY NOT BE SO AMENDED RETROACTIVELY. CF. ARIZONA GROCERY V. ATCHISON RY. 284 U.S. 370; SEE ALSO, 27 COMP. GEN. 339; 31 ID. 619; 32 ID. 315; 33 ID. 505 AND B-142651, MAY 2, 1960 (COPY ENCLOSED). SINCE PARAGRAPH 8301 OF THE JOINT TRAVEL REGULATIONS WAS ISSUED DECEMBER 1, 1959, IT MAY NOT BE APPLIED RETROACTIVELY TO AUTHORIZE THE PAYMENT OF YOUR CLAIM FOR REIMBURSEMENT UNDER REGULATIONS IN EFFECT AT THE TIME OF SHIPMENT, WHICH PROVIDED FOR THE ADVANCE SHIPMENT OF YOUR EFFECTS AT GOVERNMENT EXPENSE ONLY TO THE PORT OF DEBARKATION IN THE UNITED STATES. ACCORDINGLY, WE HAVE NO CHOICE OTHER THAN TO AFFIRM THE PRIOR DECISION IN YOUR CASE.