B-129723, DEC. 6, 1956

B-129723, DEC. 6, 1956

TO CAPTAIN RODGER W. MCNAUGHTON, AUS, RETIRED:

YOUR LETTER OF OCTOBER 20, 1956, REQUESTS REVIEW OF OUR SETTLEMENT DATED JANUARY 24, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF MOVING YOUR HOUSEHOLD EFFECTS FROM ELDRED, PENNSYLVANIA, TO ELMIRA, NEW YORK, IN SEPTEMBER 1945.

BY ORDERS DATED OCTOBER 19, 1944, ARMY SERVICE FORCES, HEADQUARTERS, THIRD SERVICE COMMAND, BALTIMORE, MARYLAND, YOU WERE RELIEVED FROM ACTIVE DUTY ON FEBRUARY 2, 1945, AND DIRECTED TO PROCEED TO YOUR HOME OF RECORD, MT. PLEASANT, PENNSYLVANIA. IT APPEARS THAT YOU ARRANGED WITH O-ROARKE TRANSFER AND STORAGE COMPANY OF ELMIRA, NEW YORK, TO HAUL YOUR HOUSEHOLD EFFECTS FROM ELDRED, PENNSYLVANIA, TO ELMIRA, NEW YORK. THE ACTUAL WEIGHT OR COST OF THIS SHIPMENT IS NOT SHOWN. THE CLAIM WAS DISALLOWED BY SETTLEMENT OF JANUARY 24, 1956, FOR THE REASON THAT YOU FAILED TO FURNISH RECEIPTED BILLS FROM THE CARRIER SHOWING THE SERVICE WAS PERFORMED AND THE ACTUAL WEIGHT OF THE HOUSEHOLD EFFECTS MOVED.

IN YOUR LETTER OF JANUARY 24, 1956, YOU SAY THAT YOU CANNOT FURNISH A RECEIPT FROM THE CARRIER OR ASCERTAIN THE WEIGHT OF THE GOODS. HOWEVER, YOU SAY YOU CAN PROVIDE EVIDENCE FROM WITNESSES THAT THE SERVICE WAS PERFORMED AND YOU HAVE A CERTIFICATE DESCRIBING THE WEIGHT OF THE SAME FURNITURE LESS A REFRIGERATOR WHEN IT WAS MOVED IN 1947.

AT THE TIME THE 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, PROVIDED 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. FURTHER, AS A MEMBER OF THE CHEMICAL WARFARE SERVICE RESERVE YOUR MAXIMUM ENTITLEMENT TO TRANSPORTATION OF HOUSEHOLD EFFECTS AT THE TIME OF YOUR RETIREMENT IN 1945, EVEN IF OTHERWISE PROPERLY ESTABLISHED, WOULD HAVE BEEN LIMITED TO SHIPMENT WITHIN AUTHORIZED WEIGHT ALLOWANCES FROM ELDRED TO MOUNT PLEASANT, PENNSYLVANIA, THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY. IN ANY EVENT, THIRD PARTY AFFIDAVITS THAT THE SERVICE WAS PERFORMED AND WEIGHT CERTIFICATES OF YOUR HOUSEHOLD EFFECTS WHICH WERE MADE ON A SUBSEQUENT SHIPMENT MAY NOT BE ACCEPTED IN LIEU OF THE REQUIRED EVIDENCE. HENCE, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF JANUARY 24, 1956, WAS CORRECT AND IS SUSTAINED.