B-144852, FEB. 14, 1961

B-144852, FEB. 14, 1961

TO MAJOR VAUGHN F. SWIFT:

REFERENCE IS MADE TO YOUR LETTER REQUESTING REVIEW OF THE SETTLEMENT DATED APRIL 21, 1959, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM NEW ORLEANS, LOUISIANA, AND LYOTH, CALIFORNIA, TO ALAMOSA, COLORADO.

BY ORDERS DATED DECEMBER 6, 1956, YOUR WIFE WAS AUTHORIZED TO PROCEED TO THE UNITED STATES FROM YOUR OVERSEAS STATION IN ADVANCE OF PERMANENT CHANGE OF STATION ORDERS. THE AUTHORIZATION FOR HER TRANSPORTATION WAS SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH 7009-3, JOINT TRAVEL REGULATIONS, WHICH SPECIFICALLY LIMITS TRANSPORTATION TO THE POINT OF DEBARKATION IN THE UNITED STATES. ALSO, THE TRANSPORTATION OF HOUSEHOLD EFFECTS INCIDENT TO SUCH MOVEMENT WAS SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH 8010-2 OF THE JOINT TRAVEL REGULATIONS (MISTAKENLY CITED IN HER ORDERS AS 8011-2), WHICH SPECIFICALLY PROHIBITS SHIPMENT BEYOND THE POINT OF DEBARKATION IN THE UNITED STATES AND PROHIBITS STORAGE AT GOVERNMENT EXPENSE AFTER ARRIVAL IN THE UNITED STATES AND PRIOR TO RECEIPT BY YOU OF PERMANENT CHANGE OF STATION ORDERS. BY LETTER ORDERS NO. 36, DATED JUNE 17, 1957,YOU WERE TRANSFERRED TO A DUTY STATION IN WASHINGTON, D.C.

YOU HAVE INDICATED THAT THE RETURN OF YOUR WIFE AND HOUSEHOLD EFFECTS TO THE UNITED STATES PRIOR TO THE RECEIPT OF YOUR PERMANENT CHANGE OF STATION ORDERS WAS REQUIRED TO MAINTAIN A HOME FOR YOUR SON WHO WAS IN HIGH SCHOOL IN ALAMOSA, COLORADO, YOUR MOTHER WITH WHOM HE HAD BEEN LIVING, HAVING BECOME ILL. IN YOUR REQUEST FOR REVIEW YOU URGE THAT YOU ARE MORALLY ENTITLED TO REPAYMENT OF EXPENSES INCURRED IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS AND GENERALLY INQUIRE AS TO YOUR RIGHTS TO APPEAL FROM THE DECISIONS OF OUR OFFICE.

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 CHANGE OF PERMANENT 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 GOODS WHEN PERMANENT CHANGE OF STATION ORDERS HAVE NOT BEEN ISSUED, OR IF ISSUED, ARE OF SUCH A NATURE THAT THEY CANNOT BE USED AS AUTHORITY FOR SUCH TRANSPORTATION. SUCH AUTHORITY IS LIMITED TO UNUSUAL OR EMERGENCY CIRCUMSTANCES.

SUBPARAGRAPHS 7009-3 AND 8010-2, OF THE JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME OF THE RETURN OF YOUR WIFE AND HOUSEHOLD EFFECTS, PROVIDED FOR THE ADVANCE RETURN OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS OF MEMBERS OF THE UNIFORMED SERVICES FROM OVERSEAS TO THE UNITED STATES, AND REQUIRED THAT ORDERS AUTHORIZING ADVANCE RETURN OF DEPENDENTS AND HOUSEHOLD GOODS TO THE UNITED STATES SPECIFICALLY PROHIBIT SHIPMENT OF HOUSEHOLD GOODS BEYOND THE POINT OF DEBARKATION IN THE UNITED STATES. SUCH AN SUBSEQUENT REGULATIONS PROVIDE THAT AFTER THE MEMBER HAS COMPLETED HIS CURRENT OVERSEAS TOUR OF DUTY AND IS TRANSFERRED TO ANOTHER OVERSEAS DUTY OF AT LEAST 18 MONTHS' DURATION OR TO A DUTY STATION IN THE UNITED STATES, FURTHER TRANSPORTATION IS AUTHORIZED, IF OTHERWISE PROPER, FROM THE PLACE WHERE THE HOUSEHOLD EFFECTS THEN ARE LOCATED TO THE NEW DUTY STATION OR ELSEWHERE, 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 YOUR DUTY STATION IN WASHINGTON, D.C., UNDER YOUR ORDERS OF JUNE 17, 1957, YOU WERE AUTHORIZED TO SHIP YOUR EFFECTS FROM THE PLACE AT WHICH THEY WERE LOCATED AT THAT TIME, TO YOUR DUTY STATION, WASHINGTON, D.C., OR ELSEWHERE WITH THE REIMBURSEMENT LIMITATION INDICATED ABOVE. SINCE, HOWEVER, NO SHIPMENT OF YOUR EFFECTS WAS MADE INCIDENT TO YOUR ORDERS OF JUNE 17, 1957, THERE IS NO AUTHORITY UNDER THE REGULATIONS FOR REIMBURSEMENT OF ANY OF THE COSTS INCIDENT TO THEIR SHIPMENT FROM THE PORT OF DEBARKATION TO ALAMOSA, COLORADO. TRUST YOU WILL UNDERSTAND THAT WE ARE WITHOUT AUTHORITY TO IGNORE THE APPLICABLE REGULATIONS IN THE SETTLEMENT OF CLAIMS THAT ARE PRESENTED TO US FOR CONSIDERATION. ACCORDINGLY, THE SETTLEMENT OF APRIL 21, 1959, MUST BE AND IS SUSTAINED.

WITH REFERENCE TO YOUR RIGHTS OF APPEAL, THE ACTION OF THIS OFFICE ON CLAIMS AGAINST THE UNITED STATES IS FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT. HOWEVER, INDEPENDENTLY OF THE ACTION OF THIS OFFICE, THE COURT OF CLAIMS OF THE UNITED STATES HAS JURISDICTION TO CONSIDER AND DETERMINE CERTAIN CLAIMS AGAINST THE GOVERNMENT IF FILED THERE WITHIN SIX YEARS FROM THE DATE THE CLAIM FIRST ACCRUES. 28 U.S.C. 262.