B-121452, DEC 13, 1954

B-121452, DEC 13, 1954

PRECIS-UNAVAILABLE

LIEUTENANT JOHN W. LEREW, JR., USNR:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 11, 1954, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 10, 1954, WHICH DISALLOWED YOUR CLAIM FOR $54.40, REPRESENTING REIMBURSEMENT FOR THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM GREENWICH, CONNECTICUT, TO WILMINGTON, DELAWARE.

THE RECORD SHOWS THAT BY ORDERS DATED OCTOBER 27, 1950, YOU WERE ORDERED TO ACTIVE DUTY AND, IF FOUND PHYSICALLY QUALIFIED, DIRECTED TO PROCEED TO THE PORT IN WHICH THE U.S.S. PEREGRINE (EAM-373) MIGHT BE; THAT YOUR HOME OF RECORD WAS STAMFORD, CONNECTICUT; THAT ON AUGUST 31, 1951, YOUR HOUSEHOLD EFFECTS WERE MOVED FROM YOUR HOME TO COMMERCIAL STORAGE IN NEARBY GREENWICH, CONNECTICUT; THAT BY ORDERS DATED NOVEMBER 5, 1952, YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE JANUARY 23, 1953; AND THAT ON FEBRUARY 10, 1953, YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM THE PLACE OF STORAGE TO WILMINGTON, DELAWARE. YOUR CLAIM FOR REIMBURSEMENT BASED ON THE ORDERS RELEASING YOU FROM ACTIVE DUTY WAS DENIED BY THE DEPARTMENT OF THE NAVY, AND YOU RESUBMITTED IT ON THE BASIS OF THE ORDERS TO ACTIVE DUTY. IN YOUR PRESENT LETTER YOU CONTEND THAT THE ORDERS TO ACTIVE DUTY SUPPORT THE ALLOWANCE OF YOUR CLAIM, AND REQUEST THAT YOU BE ADVISED REGARDING THE COURSE OF FURTHER ACTION AVAILABLE TO YOU IN THE EVENT THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT IN CONNECTION WITH A CHANGE OF STATION MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR, TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH 8009, JOINT TRAVEL REGULATIONS, PROVIDES THAT SHIPMENT OF HOUSEHOLD EFFECTS IS AUTHORIZED FROM HOME TO FIRST OR ANY SUBSEQUENT DUTY STATION UPON BEING ORDERED TO ACTIVE DUTY, AND FROM THE LAST OR ANY PREVIOUS PERMANENT DUTY STATION (OR PLACE OF STORAGE IN CONNECTION THEREWITH) TO HOME UPON RELEASE FROM ACTIVE DUTY. SINCE IT SEEMS CLEAR THAT THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS SUBSEQUENT TO YOUR RELEASE FROM ACTIVE DUTY WAS NOT INCIDENT TO THE ORDERS TO ACTIVE DUTY, AND SINCE SHIPMENT FROM YOUR HOME (OR A NEARBY POINT) TO SOME OTHER PLACE WAS NOT AUTHORIZED INCIDENT TO RELEASE FROM ACTIVE DUTY, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

THE ACTION OF THIS OFFICE ON CLAIMS AGAINST THE UNITED STATES IS FINAL AND CONCLUSIVE UPON ALL EXECUTIVE OFFICERS OF THE GOVERNMENT. HOWEVER, INDEPENDENTLY OF THE ACTION OF THIS OFFICE THE COURT OF CLAIMS OF THE UNITED STATES HAS JURISDICTION TO CONSIDER AND DETERMINE CERTAIN CLAIMS AGAINST THE GOVERNMENT IF FILED THERE WITHIN SIX YEARS AFTER THE CLAIM FIRST ACCRUES. 28 U.S.C. 262.