B-125369, NOV. 28, 1955
Highlights
RET-D.: REFERENCE IS MADE TO YOUR 1ST INDORSEMENT DATED AUGUST 10. YOU WERE ASSIGNED TO FORT MCPHERSON. YOUR LAST PREVIOUS DUTY STATION WAS RUPERT. IS SUPPORTED ONLY BY YOUR AFFIDAVIT THAT PACKING AND UNPACKING WERE ACCOMPLISHED BY YOU AND YOUR FAMILY. THAT YOU HAVE NO RECEIPTED BILLS OR BILL OF LADING AS NONE WERE EVER ACQUIRED. AT THE TIME THE ALLEGED SHIPMENT WAS MADE. THE TRANSPORTATION OF HOUSEHOLD GOODS OF MILITARY PERSONNEL WAS GOVERNED BY REGULATIONS PROMULGATED PURSUANT TO A STATUTORY AUTHORIZATION. PROVIDES THAT REIMBURSEMENT TO PERSONS WHO HAVE HAD THEIR HOUSEHOLD GOODS SHIPPED AT PERSONAL EXPENSE ORDINARILY IS NOT AUTHORIZED UNLESS DUE TO AN EMERGENCY OR UNLESS OTHER GOOD AND SUFFICIENT REASON EXISTED FOR FAILURE TO HAVE THE TRANSPORTATION OFFICER SHIP THE GOODS.
B-125369, NOV. 28, 1955
TO FIRST SERGEANT MERRILL BROWN, USA, RET-D.:
REFERENCE IS MADE TO YOUR 1ST INDORSEMENT DATED AUGUST 10, 1955, REQUESTING REVIEW OF OUR SETTLEMENT OF OCTOBER 6, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPPING YOUR HOUSEHOLD GOODS BY EXPRESS FROM FILER, IDAHO, TO ARCHER, FLORIDA, IN OCTOBER 1945.
BY PARAGRAPH 33, SPECIAL ORDERS NO. 260, DATED OCTOBER 8, 1945, NINTH SERVICE COMMAND, BUSHNELL GENERAL HOSPITAL, BRIGHAM CITY, UTAH, HAVING BEEN DISCHARGED AND REENLISTED, YOU WERE ASSIGNED TO FORT MCPHERSON, GEORGIA. YOUR LAST PREVIOUS DUTY STATION WAS RUPERT, IDAHO. YOUR CLAIM, FILED NEARLY NINE YEARS LATER, IS SUPPORTED ONLY BY YOUR AFFIDAVIT THAT PACKING AND UNPACKING WERE ACCOMPLISHED BY YOU AND YOUR FAMILY; THAT THE SHIPMENT WEIGHED APPROXIMATELY 1,300 OR 1,400 OUNDS; THAT YOU PAID $10 FOR HAULING THE EFFECTS FROM YOUR RESIDENCE TO A DEPOT IN FILER AND APPROXIMATELY $97 FOR RAILWAY EXPRESS FROM FILER TO ARCHER, AND THAT YOU HAVE NO RECEIPTED BILLS OR BILL OF LADING AS NONE WERE EVER ACQUIRED. ADDITIONAL EVIDENCE HAS BEEN FURNISHED WITH YOUR REQUEST FOR REVIEW.
AT THE TIME THE ALLEGED SHIPMENT WAS MADE, THE TRANSPORTATION OF HOUSEHOLD GOODS OF MILITARY PERSONNEL WAS GOVERNED BY REGULATIONS PROMULGATED PURSUANT TO A STATUTORY AUTHORIZATION. PARAGRAPH 18, ARMY REGULATIONS 55-160, APRIL 26, 1943, PROVIDES THAT REIMBURSEMENT TO PERSONS WHO HAVE HAD THEIR HOUSEHOLD GOODS SHIPPED AT PERSONAL EXPENSE ORDINARILY IS NOT AUTHORIZED UNLESS DUE TO AN EMERGENCY OR UNLESS OTHER GOOD AND SUFFICIENT REASON EXISTED FOR FAILURE TO HAVE THE TRANSPORTATION OFFICER SHIP THE GOODS, IN WHICH CASE THE CHIEF OF TRANSPORTATION MAY RATIFY THE SHIPMENT AND DIRECT REIMBURSEMENT OF FREIGHT CHARGES NOT TO EXCEED THE COST HAD THE SHIPMENT BEEN MADE BY THE TRANSPORTATION OFFICER. IN SUCH CASES, CLAIMS FOR REIMBURSEMENT MUST BE SUPPORTED BY ORIGINAL PAID RECEIPTS FOR AMOUNTS EXPENDED, AND OTHER PERTINENT AND NECESSARY SUPPORTING PAPERS. IN YOUR CASE, THE CHIEF OF TRANSPORTATION HAS NOT RATIFIED THE SHIPMENT, AND YOU HAVE NOT FURNISHED RECEIPTED BILLS OR OTHER EVIDENCE OF THE AMOUNT PAID AND THE WEIGHT SHIPPED. YOUR AFFIDAVIT MAY NOT BE ACCEPTED IN LIEU OF SUCH EVIDENCE AND HENCE, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.