B-142423, MAY 20, 1960

B-142423, MAY 20, 1960

TO STAFF SERGEANT GENE F. RAY, AF 19 410 454:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 17, 1960, REQUESTING REVIEW OF SETTLEMENT DATED DECEMBER 10, 1959, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED FOR TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM SEATTLE, WASHINGTON,TO RIVERSIDE, CALIFORNIA, IN CONNECTION WITH YOUR TRANSFER FROM ALASKA TO THE UNITED STATES.

ON JANUARY 28, 1958, YOU REQUESTED THAT YOUR DEPENDENTS BE AUTHORIZED TO RETURN TO THE ZONE OF THE INTERIOR BY COMMERCIAL AIR TRANSPORTATION AT NO EXPENSE TO THE GOVERNMENT ON OR ABOUT APRIL 1, 1958, UNLESS MATS SPACE WAS AVAILABLE. YOU STATED IN YOUR REQUEST THAT YOU UNDERSTOOD THAT YOUR HOUSEHOLD GOODS WOULD BE STORED IN SEATTLE AT YOUR EXPENSE UNTIL YOU RECEIVED YOUR ZI ASSIGNMENT ORDERS. PURSUANT TO YOUR REQUEST, SPECIAL ORDERS NO. B-140, DATED FEBRUARY 25, 1958, AUTHORIZED YOUR DEPENDENTS TO PROCEED ON OR ABOUT APRIL 1, 1958, FROM HEADQUARTERS, ALASKAN AIR COMMAND, USAF, APO 942, TO SEATTLE, WASHINGTON, VIA COMMERCIAL MEANS AT NO EXPENSE TO THE GOVERNMENT FOR THE PURPOSE OF EARLY RETURN OF DEPENDENTS TO THE ZONE OF THE INTERIOR. SHIPMENT OF HOUSEHOLD GOODS BEYOND POINT OF DEBARKATION IN THE UNITED STATES AND STORAGE AFTER ARRIVAL IN THE UNITED STATES AT GOVERNMENT EXPENSE WAS SPECIFICALLY PROHIBITED BY PARAGRAPH 2 OF THE ORDERS. PURSUANT TO SAID ORDERS, YOUR DEPENDENTS TRAVELED FROM ANCHORAGE, ALASKA, TO COLTON, CALIFORNIA, BY COMMERCIAL AIR, AT YOUR OWN EXPENSE, AND YOUR HOUSEHOLD GOODS WERE SHIPPED FROM ANCHORAGE, ALASKA, TO RIVERSIDE, CALIFORNIA, ON WHICH SHIPMENT YOU CLAIM REIMBURSEMENT IN THE AMOUNT OF $325.79 COVERING TRANSPORTATION OF YOUR HOUSEHOLD GOODS FROM SEATTLE, WASHINGTON, TO RIVERSIDE, CALIFORNIA.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES THAT THE SECRETARIES CONCERNED MAY PRESCRIBE REGULATIONS GOVERNING THE RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES TO TRANSPORTATION OF THEIR DEPENDENTS WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION, AND TO TRANSPORTATION OF HOUSEHOLD GOODS IN CONNECTION WITH A CHANGE OF STATION (WHETHER TEMPORARY OR PERMANENT). IT IS FURTHER PROVIDED THAT THE SECRETARIES MAY AUTHORIZE THE MOVEMENT OF DEPENDENTS AND HOUSEHOLD EFFECTS, WHEN PERMANENT CHANGE OF STATION ORDERS HAVE NOT BEEN ISSUED, OR IF ISSUED, ARE OF SUCH NATURE THAT THEY CANNOT BE USED AS AUTHORITY FOR SUCH TRANSPORTATION, SUCH AUTHORITY BEING LIMITED TO UNUSUAL OR EMERGENCY CIRCUMSTANCES, INCLUDING CIRCUMSTANCES WHEN SUCH MEMBERS ARE SERVING ON PERMANENT DUTY AT STATIONS OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA, OR ON SEA DUTY.

PARAGRAPHS 7009-3, CHANGE 60, DATED JULY 1, 1957, AND 8010-2, CHANGE 54, DATED JANUARY 1, 1957, OF THE JOINT TRAVEL REGULATIONS, ISSUED UNDER THE ABOVE PROVISIONS OF LAW, WHICH WERE IN EFFECT AT THE TIME OF THE MOVEMENT OF YOUR DEPENDENTS AND HOUSEHOLD GOODS, PROVIDE FOR THE ADVANCE RETURN OF DEPENDENTS AND HOUSEHOLD GOODS TO THE UNITED STATES.

PARAGRAPH 8010-2 REQUIRES THAT ORDERS AUTHORIZING ADVANCE SHIPMENT OF HOUSEHOLD GOODS ,SPECIFICALLY PROHIBIT SHIPMENT OF HOUSEHOLD GOODS) BEYOND THE POINT OF DEBARKATION IN THE UNITED STATES AND STORAGE AFTER ARRIVAL IN THE UNITED STATES AT GOVERNMENT EXPENSE.' THE LATTER PARAGRAPH FURTHER PROVIDED THAT UPON COMPLETION OF THE CURRENT OVERSEAS TOUR, AND TRANSFER OF THE MEMBER UNDER PERMANENT CHANGE OF STATION ORDERS TO ANOTHER OVERSEAS DUTY STATION OR AN ADDITIONAL TOUR OF DUTY OF AT LEAST 18 MONTHS' DURATION, OR TO A DUTY STATION IN THE UNITED STATES, SHIPMENT OF HOUSEHOLD GOODS,IF OTHERWISE PROPER, IS AUTHORIZED NOT TO EXCEED ENTITLEMENT FROM THE POINT OF DEBARKATION IN THE UNITED STATES TO WHICH RETURNED, TO THE MEMBER'S NEW DUTY STATION.

AT THE TIME OF YOUR TRANSFER TO THE UNITED STATES UNDER SPECIAL ORDERS NO. A-152, DATED MAY 27, 1958, SHIPMENT OF YOUR HOUSEHOLD GOODS FROM SEATTLE TO YOUR NEW STATION WOULD HAVE BEEN AUTHORIZED AT GOVERNMENT EXPENSE IF YOU HAD STORED THEM AT THAT PLACE AFTER SHIPMENT FROM ALASKA. HOWEVER, SINCE YOUR EFFECTS WERE IN RIVERSIDE, CALIFORNIA, AT THE TIME SUCH ORDERS WERE ISSUED, NO FURTHER SHIPMENT WAS NECESSARY AND REIMBURSEMENT IS NOT AUTHORIZED FOR THE SHIPMENT BEYOND SEATTLE MADE PRIOR TO THE ISSUANCE OF THOSE ORDERS. ACCORDINGLY, THE SETTLEMENT OF MARCH 17, 1960, MUST BE AND IS SUSTAINED.

CONCERNING YOUR STATEMENT THAT YOU HAVE DONE NOTHING MORE THAN FOLLOW SERVICE REGULATIONS AND THE UNIFORM INTERPRETATION THEREOF BY YOUR SUPERIORS, YOU ARE ADVISED THAT ANY INDICATION ON THEIR PART THAT YOU WOULD BE ENTITLED TO MORE THAN MAY BE ALLOWED BY THE PLAIN TERMS OF THE TRAVEL REGULATIONS AS RESTATED IN PARAGRAPH 2 OF SPECIAL ORDERS NO. B-140 IS NOT BINDING ON THE UNITED STATES. IT IS WELL SETTLED THAT THE GOVERNMENT IS LIABLE ONLY TO THE EXTENT OF THE POWER IT HAS ACTUALLY GIVEN ITS AGENTS BY LAW, AND THE UNAUTHORIZED ACTS OF SUCH AGENTS CANNOT ESTOP THE GOVERNMENT FROM ASSERTING THEIR INVALIDITY. 16 COMP. GEN. 325.