B-133547, OCT. 16, 1957

B-133547, OCT. 16, 1957

TO MAJOR VERNON D. BOYD, USMC, RET-D.:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 9, 1957, REQUESTING REVIEW OF THE SETTLEMENT DATED JULY 16, 1957, WHICH ALLOWED $110 AS REIMBURSEMENT FOR THE COST OF MOVING YOUR HOUSEHOLD EFFECTS FROM WOODBRIDGE, VIRGINIA, TO STEAMBOAT, NEVADA, IN A RENTED TRAILER.

BY ORDERS DATED JULY 27, 1954, ADDRESSED TO YOU AT HEADQUARTERS MARINE CORPS, WASHINGTON, D.C., YOU WERE RELIEVED FROM ACTIVE DUTY, PLACED ON THE TEMPORARY DISABILITY RETIRED LIST EFFECTIVE AUGUST 1, 1954, AND DIRECTED TO PROCEED TO YOUR HOME, BROOKLYN, NEW YORK. ON APRIL 1, 1955, YOU AND YOUR WIFE DEPARTED WOODBRIDGE, VIRGINIA, FOR A HOME OF YOUR SELECTION, STEAMBOAT, NEVADA, TAKING YOUR HOUSEHOLD EFFECTS HAVING AN APPROXIMATE WEIGHT OF 4,000 POUNDS. YOU ACCOMPLISHED THE MOVE BY USING A PERSONALLY OWNED TRUCK, A TWO-TON RENTAL TRAILER, A PERSONALLY OWNED STATION WAGON, AND A CARGO TRAILER.

AT THE TIME YOUR GOODS WERE MOVED MEMBERS OF THE UNIFORMED SERVICES RETIRED FOR PHYSICAL DISABILITY OR PLACED ON THE TEMPORARY DISABILITY RETIRED LIST WERE NOT ENTITLED TO SELECT A HOME FOR TRAVEL AND TRANSPORTATION PURPOSES. SUBSEQUENTLY, SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253, WAS AMENDED, EFFECTIVE APRIL 1, 1951, BY THE ACT OF AUGUST 11, 1955, PUBLIC LAW 368--- 84TH CONGRESS, TO PROVIDE SUCH ENTITLEMENT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED. SUCH CONTROLLING REGULATIONS ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. THOSE REGULATIONS SPECIFICALLY PROVIDE THAT REIMBURSEMENT TO MEMBERS FOR SHIPMENT OF HOUSEHOLD GOODS AT THEIR OWN EXPENSE IS NOT ORDINARILY AUTHORIZED; THAT SHIPMENTS WILL ORDINARILY BE MADE THROUGH A SHIPPING OFFICER, AND THAT IN CASE AN EMERGENCY OR OTHER COMPELLING REASON EXISTED FOR FAILURE TO HAVE THE SHIPPING OFFICER ARRANGE FOR SHIPMENT OF HOUSEHOLD EFFECTS, THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED MAY RATIFY THE SHIPMENT AND DIRECT REIMBURSEMENT OF TRANSPORTATION CHARGES TO THE MEMBER. THE REGULATIONS FURTHER PROVIDE THAT CLAIMS FOR REIMBURSEMENT MUST BE SUPPORTED BY VARIOUS DOCUMENTS INCLUDING THE ORIGINAL RECEIPTED BILLS FOR ANY PACKING, DRAYING, UNPACKING AND UNCRATING, AND THE ORIGINAL RECEIPTED CARRIER'S BILL FOR TRANSPORTATION SHOWING THE WEIGHT OF THE EFFECTS SHIPPED. THE REGULATIONS CLEARLY REQUIRE EVIDENCE OF ACTUAL EXPENDITURE FOR SUCH SERVICES BEFORE REIMBURSEMENT MAY BE AUTHORIZED. THERE IS NO PROVISION FOR THE PAYMENT OF AN ALLOWANCE TO A MEMBER WHO PERFORMS SUCH SERVICES HIMSELF WITHOUT INCURRING ACTUAL AND PROVABLE EXPENSE.

IN YOUR CASE, THE ONLY EXPENSE FOR WHICH YOU HAVE FURNISHED PROOF IS THE RENTAL OF THE TRAILER FOR $110. THEREFORE, THAT IS THE ONLY AMOUNT FOR WHICH REIMBURSEMENT COULD BE AUTHORIZED. ACCORDINGLY, THE SETTLEMENT OF JULY 16, 1957, WAS CORRECT AND IS SUSTAINED.