B-121325, OCT 7, 1954
Highlights
STOCK: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 24. YOU WERE ORDERED TO PROCEED AND REPORT TO FORT DIX. THAT SUCH DISCHARGE WAS ACCOMPLISHED ON FEBRUARY 25. APPARENTLY YOUR HOUSEHOLD EFFECTS WERE SHIPPED TO BROOKLYN AT GOVERNMENT EXPENSE. YOU STATE THAT SUCH EFFECTS WERE SHIPPED AT PERSONAL EXPENSE ($238.96) FROM BROOKLYN TO SELAH. THAT YOU HAVE BEEN PAID $31.29 REPRESENTING THE COST OF SHIPPING SUCH EFFECTS FROM BROOKLYN TO FORT DIX. THERE WAS NO AUTHORITY FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MEMBERS OF THE REGULAR ARMY FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME. THEY WERE REQUIRED TO PAY THE COST OF TRANSPORTING THEIR EFFECTS FROM LAST STATION TO HOME. " HAVE NOT BEEN REGARDED AS APPLICABLE TO ENLISTED MEN OF THE REGULAR ARMY UPON DISCHARGE.
B-121325, OCT 7, 1954
PRECIS-UNAVAILABLE
MR. HAROLD A. STOCK:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 24, 1954, IN EFFECT REQUESTING REVIEW OF SETTLEMENT DATED APRIL 10, 1951, WHICH DISALLOWED YOUR CLAIM FOR AN ADDITIONAL $207.67 AS REIMBURSEMENT OF THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM BROOKLYN, NEW YORK, TO YOUR HOME AT SELAH, WASHINGTON.
IT APPEARS THAT WHILE SERVING OVERSEAS AS A SERGEANT, REGULAR ARMY, YOU WERE ORDERED TO PROCEED AND REPORT TO FORT DIX, NEW JERSEY, FOR DISCHARGE FROM THE SERVICE, AND THAT SUCH DISCHARGE WAS ACCOMPLISHED ON FEBRUARY 25, 1950. APPARENTLY YOUR HOUSEHOLD EFFECTS WERE SHIPPED TO BROOKLYN AT GOVERNMENT EXPENSE. YOU STATE THAT SUCH EFFECTS WERE SHIPPED AT PERSONAL EXPENSE ($238.96) FROM BROOKLYN TO SELAH, AND THAT YOU HAVE BEEN PAID $31.29 REPRESENTING THE COST OF SHIPPING SUCH EFFECTS FROM BROOKLYN TO FORT DIX.
PRIOR TO PROMULGATION OF THE JOINT TRAVEL REGULATIONS WHICH BECAME EFFECTIVE APRIL 1, 1951, THERE WAS NO AUTHORITY FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MEMBERS OF THE REGULAR ARMY FROM HOME TO FIRST STATION AND FROM LAST STATION TO HOME. WHILE ELIGIBLE ENLISTED MEMBERS OF THE REGULAR ARMY COULD MOVE THEIR EFFECTS AT GOVERNMENT EXPENSE ON CHANGE OF STATION WHILE IN THE SERVICE, THEY WERE REQUIRED TO PAY THE COST OF TRANSPORTING THEIR EFFECTS FROM LAST STATION TO HOME. THE PROVISIONS OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, DEFINING THE TERM "PERMANENT CHANGE OF STATION" AS INCLUDING THE CHANGE FROM LAST STATION TO HOME IN CONNECTION WITH "RETIREMENT, RELIEF FROM ACTIVE DUTY, OR TRANSFER TO A RESERVE COMPONENT," HAVE NOT BEEN REGARDED AS APPLICABLE TO ENLISTED MEN OF THE REGULAR ARMY UPON DISCHARGE, SINCE THEY ARE NOT RETIRED, RELEASED FROM ACTIVE DUTY OR TRANSFERRED TO A RESERVE COMPONENT. 23 COMP. GEN. 73, AND 25 ID. 887.
YOUR RIGHT TO TRANSPORTATION OF HOUSEHOLD EFFECTS WAS GOVERNED BY THE PROVISIONS OF EXECUTIVE ORDER NO. 10053, APRIL 20, 1949, ISSUED UNDER AUTHORITY CONTAINED IN SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY THE ACT OF AUGUST 2, 1946, 60 STAT. 860, PUBLISHED IN ARMY REGULATIONS 55-160, APRIL 29, 1949. WHILE PARAGRAPH 10C OF SUCH REGULATIONS AUTHORIZED TRANSPORTATION OF EFFECTS FROM LAST STATION TO HOME, SUCH PROVISION WAS APPLICABLE ONLY "UPON TERMINATION OF ACTIVE DUTY OTHER THAN BY RESIGNATION, DISCHARGE FROM THE REGULAR SERVICES, OR RETIREMENT." SUBPARAGRAPH D OF PARAGRAPH 10 OF SUCH REGULATIONS STATED THAT UPON BEING ORDERED HOME FOR DISCHARGE FROM STATIONS OUTSIDE THE UNITED STATES, ENLISTED MEN OF THE FIRST FOUR GRADES WERE ENTITLED TO TRANSPORTATION OF EFFECTS "FROM POINTS OUTSIDE THE UNITED STATES TO THE PLACE TO WHICH ORDERED FOR DISCHARGE." SINCE YOU WERE ORDERED TO FORT DIX FOR DISCHARGE AND THAT PLACE WAS YOUR LAST DUTY STATION, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.
ACCORDINGLY, THE SETTLEMENT OF APRIL 10, 1951, IS SUSTAINED.