B-135495, APR. 18, 1958

B-135495, APR. 18, 1958

TO THE WARRANT OFFICER WILLIAM F. TEGTMEIER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 28, 1958, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF FEBRUARY 25, 1958, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM FALLS CHURCH, VIRGINIA, TO BLUE RIDGE SUMMIT, PENNSYLVANIA.

BY ORDERS DATED MAY 15, 1957, YOU WERE TRANSFERRED FROM WASHINGTON, D.C., TO FORT RITCHIE, MARYLAND, ON A PERMANENT CHANGE OF STATION. ON APRIL 27, 1957, PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS, YOU SHIPPED YOUR HOUSEHOLD EFFECTS FROM FALLS CHURCH, VIRGINIA, TO BLUE RIDGE SUMMIT, PENNSYLVANIA, AT PERSONAL EXPENSE. YOUR CLAIM FOR REIMBURSEMENT FO THE EXPENSE SO INCURRED WAS DISALLOWED FOR THE REASON THAT IT WAS NOT SUPPORTED BY EVIDENCE OF THE TYPE REQUIRED BY PARAGRAPH 8014-1 OF THE JOINT TRAVEL REGULATIONS. IN YOUR REQUEST FOR REVIEW YOU PLACE RELIANCE ON PARAGRAPH 90705B OF AIR FORCE MANUAL 75-1 AND A STATEMENT ISSUED BY THE CHIEF, ADMINISTRATIVE DIVISION, OFFICE OF AIR ADJUTANT GENERAL, AS AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. YOU FURTHER STATE THAT AT THE TIME YOU MOVED YOUR EFFECTS YOU HAD BEEN INFORMED YOU WOULD BE TRANSFERRED ON TEMPORARY DUTY FOR 45 DAYS BEGINNING MAY 15, 1957, TO BE FOLLOWED BY PERMANENT CHANGE OF STATION ORDERS ON JULY 1, 1957, AND THAT YOU MADE THE MOVE AT PERSONAL EXPENSE BECAUSE YOU THOUGHT THE PER DIEM ALLOWANCE FOR TEMPORARY DUTY WOULD OFFSET THE EXPENSE OF MOVING. IT APPEARS THAT YOU WERE ON LEAVE FROM APRIL 27 TO MAY 14, 1957.

PARAGRAPH 90705B, AIR FORCE MANUAL 75-1, RELATING TO TRANSPORTATION OF HOUSEHOLD EFFECTS, PROVIDES THAT THE AIR FORCE WILL NOT PAY FOR SERVICES PERFORMED PRIOR TO RECEIPT OF ORDERS EXCEPT WHEN DOCUMENTARY EVIDENCE IS FURNISHED FROM THE CLAIMANT'S COMMANDING OFFICER OR ADJUTANT THAT HE HAD PRIOR KNOWLEDGE OF THE CHANGE OF STATION OR IN CASE OF EMERGENCY OR EXIGENCY OF THE SERVICE. IN YOUR CASE, THE CHIEF, ADMINISTRATIVE DIVISION, OFFICE OF AIR ADJUTANT GENERAL, FURNISHED A STATEMENT THAT HE HAD KNOWLEDGE THAT YOU MOVED TO FORT RITCHIE, MARYLAND, PRIOR TO RECEIPT OF PERMANENT CHANGE OF STATION ORDERS. HE FURTHER STATED THAT THE MOVE ORIGINALLY WAS PLANNED AS 45 DAYS' TEMPORARY DUTY EFFECTIVE MAY 16, 1957, TO BECOME A PERMANENT CHANGE OF STATION AT THE END OF THAT TIME; THAT THE PLAN WAS CHANGED, AND THAT THE ASSIGNMENT WAS MADE AS A PERMANENT CHANGE OF STATION EFFECTIVE MAY 16, 1957, BY ORDERS OF MAY 15, 1957.

SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED, IN CONNECTION WITH A CHANGE OF STATION, TO TRANSPORTATION OF HOUSEHOLD EFFECTS TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES. THE JOINT TRAVEL REGULATIONS PROMULGATED BY THE SECRETARIES PURSUANT TO THAT ACT SPECIFICALLY PROVIDE (PARAGRAPH 8014-1) THAT SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO ISSUANCE OF ORDERS "EXCEPT IN CASE OF EMERGENCY, EXIGENCY OF THE SERVICE, OR WHEN REQUIRED BY SERVICE NECESSITY," AS DETERMINED BY THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED. SINCE THAT IS THE CONTROLLING REGULATION, THERE IS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM IN THE ABSENCE OF A DETERMINATION BY AN APPROPRIATE OFFICIAL OF THE DEPARTMENT OF THE AIR FORCE THAT SHIPMENT OF YOUR HOUSEHOLD EFFECTS PRIOR TO PERMANENT CHANGE OF STATION ORDERS WAS DUE TO AN EMERGENCY, EXIGENCY OF THE SERVICE, OR REQUIRED BY SERVICE NECESSITY. NO SUCH DETERMINATION WAS MADE, NOR DO THE FACTS INDICATE THAT SUCH A DETERMINATION WOULD BE APPROPRIATE.

ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 25, 1958, WAS CORRECT AND IS SUSTAINED.