B-153207, FEB. 3, 1964

B-153207, FEB. 3, 1964

TO MAJOR EDWARD F. BRENNAN, ARTY ARMY ADVISOR:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 13, 1963, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF OCTOBER 25, 1963, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRANSPORTATION OF YOUR DEPENDENTS AND HOUSEHOLD EFFECTS FROM FORT BRAGG, NORTH CAROLINA, TO HOLLY HILL, FLORIDA, AND A DISLOCATION ALLOWANCE.

THE RECORD SHOWS THAT ON OCTOBER 30, 1961, YOU ASKED TO BE TRANSFERRED FROM FORT BRAGG, NORTH CAROLINA, TO THE ST. AUGUSTINE, FLORIDA, AREA, OR TO ANY PLACE CLOSER THERETO THAN FORT BRAGG. YOUR REQUEST WAS BASED ON COMPASSIONATE REASONS. THIS REQUEST WAS DENIED BY THE ADJUTANT GENERAL BY LETTER OF DECEMBER 5, 1961, ON THE BASIS THAT THE FACTS PRESENTED DID NOT WARRANT YOUR REASSIGNMENT UNDER THE CURRENT POLICY FOR COMPASSIONATE REASONS.

ON DECEMBER 11 AND 12, 1961, YOU MOVED YOUR DEPENDENTS AND HOUSEHOLD EFFECTS FROM FORT BRAGG TO HOLLY HILL AT PERSONAL EXPENSE. ON MARCH 21, 1962, THE DEPARTMENT OF THE ARMY DIRECTED YOUR TRANSFER TO VIETNAM. YOUR CLAIM FOR REIMBURSEMENT FOR THE MOVE OF YOUR DEPENDENTS AND HOUSEHOLD EFFECTS AND A DISLOCATION ALLOWANCE WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT THE MOVEMENT OF YOUR DEPENDENTS AND HOUSEHOLD EFFECTS WAS PRIOR TO CHANGE OF STATION ORDERS AND YOUR CLAIM WAS NOT SUPPORTED BY A CERTIFICATE STATING THAT YOU WERE ADVISED PERMANENT CHANGE OF STATION ORDERS WOULD BE ISSUED. IN YOUR PRESENT LETTER YOU SAY THE SETTLEMENT IS LEGALLY CORRECT; HOWEVER, YOU SAY YOU WERE ADVISED BY PERSONNEL AT FORT BRAGG THAT SO LONG AS YOU RECEIVED ORDERS WITHIN 180 DAYS YOU WOULD BE REIMBURSED FOR THE MOVE. ALSO, YOU SAY THAT THE LETTER OF DECEMBER 5, 1961, DENYING YOUR TRANSFER, DID NOT COME TO YOUR ATTENTION UNTIL ABOUT JANUARY 10, 1962, AND EXPRESS THE BELIEF THAT YOUR NEXT STEP IS TO APPEAL TO THE INSPECTOR GENERAL. FOR THAT REASON YOU ASK TO BE ADVISED AS TO THE DATE WHEN THE LETTER OF DECEMBER 5, 1961, WAS RECEIVED BY YOUR UNIT, 2D TGT ACQUISITIONS BN, 26TH ARTILLERY.

THE PROVISIONS OF THE PERTINENT STATUTE, 37 U.S.C. 406, AUTHORIZE TRANSPORTATION ALLOWANCES FOR MEMBERS OF THE UNIFORMED SERVICES FOR TRANSPORTATION OF THEIR DEPENDENTS AND HOUSEHOLD EFFECTS UPON PERMANENT CHANGE OF STATION UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES. PARAGRAPH 7000-9 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION EXCEPT WHEN THE DEPENDENTS DEPARTED THE OLD PERMANENT STATION PRIOR TO ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF PERMANENT CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. PARAGRAPH 8015-1 OF THE REGULATIONS PROVIDES 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 UNIFORMED SERVICE CONCERNED. PARAGRAPH 9002 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO 37 U.S.C. 407, PROVIDES THAT THE DISLOCATION ALLOWANCE IS PAYABLE WHEN DEPENDENTS RELOCATE THEIR HOUSEHOLD IN CONNECTION WITH A PERMANENT CHANGE OF STATION.

SINCE YOU WERE NOT UNDER PERMANENT CHANGE OF STATION ORDERS WHEN YOUR HOUSEHOLD MOVED AND CANNOT FURNISH A CERTIFICATE THAT PERMANENT CHANGE OF STATION ORDERS WOULD BE ISSUED, THERE APPARENTLY HAVING BEEN NO DETERMINATION AT THAT TIME TO ISSUE SUCH ORDERS, THERE IS NO BASIS FOR THE ALLOWANCE OF ANY PART OF YOUR CLAIM, NOTWITHSTANDING ANY ERRONEOUS ADVICE THAT MAY HAVE BEEN FURNISHED YOU. ACCORDINGLY, THE SETTLEMENT OF OCTOBER 25, 1963, IS SUSTAINED.

WHILE THE RECORD INDICATES THAT THE LETTER OF DECEMBER 5, 1961, WAS RECEIVED BY YOUR UNIT ON DECEMBER 13, 1961, OR SUBSEQUENT TO THE DATE ON WHICH YOU MOVED YOUR HOUSEHOLD FROM FORT BRAGG, SUCH FACT WOULD HAVE NO BEARING ON YOUR CLAIM IN VIEW OF THE REGULATIONS MENTIONED ABOVE. ALSO, IT MAY BE STATED THAT THE DECISIONS OF THIS OFFICE ARE FINAL AND CONCLUSIVE ON THE EXECUTIVE BRANCH OF THE GOVERNMENT.