B-142029, MAR. 18, 1960

B-142029, MAR. 18, 1960

TO MAJOR JOHN J. FALBE, III, USAR, RET:

REFERENCE IS MADE TO YOUR INDEBTEDNESS TO THE UNITED STATES IN SUM OF $508.95 ARISING FROM SHIPMENTS OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR RETIREMENT.

BY LETTER ORDER NO. 2-20, DATED FEBRUARY 12, 1957, YOU WERE RELEASED FROM ASSIGNMENT AND DUTY IN GERMANY AND RETURNED TO FORT HAMILTON, NEW YORK, FOR THE PURPOSE OF RETIREMENT, IT BEING SHOWN THAT YOUR HOME OF RECORD WAS RACINE, WISCONSIN. BY PARAGRAPH 41, SPECIAL ORDERS NO. 46, DATED MARCH 7, 1957, UPON YOUR APPLICATION, YOU WERE RETIRED ON MARCH 31, 1957, AFTER MORE THAN 22 YEARS' ACTIVE FEDERAL SERVICE. IN EXECUTING A CERTIFICATE FOR TRAVEL ALLOWANCE UPON RETIREMENT YOU STATED THAT YOU DEPARTED FORT HAMILTON, NEW YORK, ON MARCH 30, 1957, AND ARRIVED AT ST. LOUIS, MISSOURI, HOME OF SELECTION FOR RETIREMENT, ON APRIL 6, 1957; THAT YOUR DEPENDENTS TRAVELED FROM NEW YORK, NEW YORK, TO YOUR HOME OF SELECTION VIA RACINE, WISCONSIN, DURING THE PERIOD MARCH 14 TO APRIL 6, 1957, AND THAT SHIPMENT OF YOUR HOUSEHOLD EFFECTS WOULD BE MADE FROM NONTEMPORARY STORAGE IN COLUMBUS, OHIO, TO ST. LOUIS, MISSOURI. YOU FURTHER STATED THAT YOUR DEPENDENTS TRAVELED TO RACINE ON TRANSPORTATION REQUESTS; THENCE TO ST. LOUIS, YOUR "SELECTED PLACE OF RETIREMENT," AND BACK TO RACINE AT YOUR EXPENSE UNTIL A HOUSE COULD BE FOUND IN ST. LOUIS. ON THE BASIS OF YOUR CERTIFICATION, YOU WERE PAID MILEAGE FOR TRAVEL TO YOUR HOME OF SELECTION, ST. LOUIS, AND THE AMOUNT DUE FOR TRAVEL OF YOUR DEPENDENTS. IN SEPTEMBER 1957, YOUR HOUSEHOLD GOODS WERE SHIPPED AT YOUR REQUEST FROM STORAGE AT SOMERVILLE, NEW JERSEY, AND COLUMBUS, OHIO, TO RACINE, WISCONSIN, AT A COST OF $508.95. SINCE THE SHIPMENTS WERE MADE TO A POINT OTHER THAN YOUR SELECTED HOME, YOU WERE REQUESTED BY THE DEPARTMENT OF THE ARMY TO REMIT THAT AMOUNT.

THE RECORD SHOWS YOU HAVE PROTESTED THE INDEBTEDNESS ON SEVERAL OCCASIONS. IN YOUR 1ST INDORSEMENT DATED OCTOBER 11, 1959, YOU REQUESTED ADVICE FROM THIS OFFICE AS TO WHETHER YOU WERE AUTHORIZED TO SHIP YOUR HOUSEHOLD GOODS TO YOUR HOME OF RECORD UPON RELEASE FROM ACTIVE DUTY AS A RESERVE OFFICER. YOU POINT OUT THAT HAD YOU NOT RETIRED ON MARCH 31, 1957, YOU WOULD HAVE BEEN RELEASED FROM ACTIVE DUTY ON THAT DATE BECAUSE YOUR CATEGORY III COMMITMENT FOR ACTIVE DUTY EXPIRED THEN AND YOUR APPLICATION FOR CONTINUATION OF ACTIVE DUTY WAS DISAPPROVED. ALSO, YOU SAY THAT UPON RETIREMENT YOU ACCEPTED A POSITION WITH UNITED VAN LINES IN ST. LOUIS, WHICH WOULD ENTAIL CONSIDERABLE TRAVEL; THAT WHEN YOU CLAIMED MILEAGE TO ST. LOUIS, YOU BELIEVED YOU COULD FIND SUITABLE HOUSING FOR YOUR DEPENDENTS THERE, AND THAT WHEN YOUR EFFORTS TO DO SO WERE UNSUCCESSFUL YOU HAD YOUR HOUSEHOLD EFFECTS SHIPPED TO RACINE AND ESTABLISHED A HOME FOR YOUR FAMILY IN THAT CITY. SINCE CIRCUMSTANCES WHICH YOU BELIEVE WERE BEYOND YOUR CONTROL PREVENTED YOU FROM ESTABLISHING A HOME IN ST. LOUIS UPON RETIREMENT, YOU SUGGEST THAT YOUR ONLY INDEBTEDNESS TO THE UNITED STATES IS THE DIFFERENCE BETWEEN TRAVEL ALLOWANCE FROM FORT HAMILTON TO ST. LOUIS, AND FROM FORT HAMILTON TO RACINE.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AS AMENDED BY THE ACT OF AUGUST 11, 1955, 69 STAT. 691, 37 U.S.C. 253 (C), PROVIDES THAT UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED SERVICES WHO IS RETIRED WITH PAY IS ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS AND HOUSEHOLD EFFECTS "TO THE HOME SELECTED FOR ALLOWANCE PURPOSES UNDER SUBSECTION (A) OF THIS SECTION.' SECTION 303 (A) OF THE CAREER COMPENSATION ACT, AS AMENDED BY THE SAID ACT OF AUGUST 11, 1955, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED SERVICES WHO IS RETIRED WITH PAY MAY SELECT HIS HOME FOR THE PURPOSE OF TRAVEL AND TRANSPORTATION ALLOWANCES. PARAGRAPH 8009-6 OF THE JOINT TRAVEL REGULATIONS (CHANGE 54, DATED JANUARY 1, 1957) AUTHORIZES A MEMBER UPON RETIREMENT TO SHIP HIS HOUSEHOLD EFFECTS FROM HIS LAST DUTY STATION, OR ANY OTHER PLACE TO WHICH THEY PREVIOUSLY WERE SHIPPED, TO THE HOME SELECTED BY HIM FOR THE PURPOSE OF RECEIVING ALLOWANCES FOR HIS TRAVEL, AND PROVIDES THAT SHIPMENT OF HOUSEHOLD EFFECTS "TO ANY PLACE OTHER THAN HOME OF SELECTION IS NOT AUTHORIZED, COMPARATIVE COST NOTWITHSTANDING.' THUS, IT SEEMS CLEAR THAT THE CONGRESS AND THE DEPARTMENT OF DEFENSE INTENDED TO LIMIT SHIPMENTS OF HOUSEHOLD EFFECTS UPON RETIREMENT TO SHIPMENT TO THE HOME SELECTED BY THE MEMBER. WHILE YOU COULD HAVE SHIPPED YOUR EFFECTS TO YOUR HOME OF RECORD HAD YOU BEEN RELEASED FROM ACTIVE DUTY AND NOT RETIRED, SUCH FACT IS NOT MATERIAL SINCE THE SHIPMENT WAS MADE INCIDENT TO ORDERS EFFECTING YOUR RETIREMENT AND YOUR RIGHTS BECAME FIXED BY THOSE ORDERS. ALSO, WHILE THE CIRCUMSTANCES MENTIONED BY YOU MAY HAVE CAUSED YOU TO SETTLE YOUR FAMILY IN RACINE AFTER SELECTING ST. LOUIS AS YOUR HOME UPON RETIREMENT AND ACCEPTING MILEAGE THERETO, THERE IS NO PROVISION FOR ALLOWING AN ALTERNATE SELECTION WITH AN ADJUSTMENT IN TRAVEL ALLOWANCE.

SINCE THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS TO RACINE WAS AT YOUR REQUEST AND SINCE YOU RECEIVED THE BENEFIT OF IT, LEGAL PRECEDENTS SUPPORT THE VIEW THAT YOU MUST PAY THE COST INCURRED BY THE GOVERNMENT IN MAKING AN UNAUTHORIZED SHIPMENT, I.E., TO A POINT OTHER THAN YOUR SELECTED HOME. ACCORDINGLY, YOU ARE INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $508.95, WHICH MAY BE REMITTED IN ONE SUM, OR IN PERIODIC PAYMENTS. YOUR REMITTANCES IN THE FORM OF MONEY ORDERS OR CHECKS SHOULD BE MADE PAYABLE TO THE U.S. GENERAL ACCOUNTING OFFICE, AND SHOULD BE MAILED TO U.S. GENERAL ACCOUNTING OFFICE, BOX 2610, WASHINGTON 13, D.C. ..END :