B-132258, AUG. 6, 1957

B-132258, AUG. 6, 1957

TO COLONEL JACK L. ARMSTRONG, 2904A, USAF:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 5, 1957, WITH ENCLOSURES, REQUESTING A REVIEW OF OUR SETTLEMENT DATED MAY 28, 1957, WHICH DISALLOWED YOUR CLAIM FOR AN AMOUNT ALLEGED TO BE DUE FOR TRANSPORTING YOUR HOUSEHOLD GOODS FROM FALLS CHURCH, VIRGINIA, TO BETHESDA, MARYLAND, DURING SEPTEMBER 1956.

BY SPECIAL ORDERS NO. 46, DATED MARCH 7, 1956, YOU WERE RELIEVED FROM ASSIGNMENT WITH HEADQUARTERS, USAF, WASHINGTON, D.C., AND FROM DUTY WITH DIRECTOR OF MILITARY APPLICATION, ATOMIC ENERGY COMMISSION, AND ASSIGNED TO HEADQUARTERS 6590TH SUPPORT GROUP (HQ.) ARDC, BALTIMORE, MARYLAND, WITH DUTY STATION AT AIRPLANE NUCLEAR PROPULSION, ATOMIC ENERGY COMMISSION, WASHINGTON, D.C. THESE ORDERS REQUIRED YOU TO REPORT NOT LATER THAN MAY 1, 1956, AND CONTAINED THE LETTERS ,NTI" TO INDICATE NO TRAVEL WOULD BE INVOLVED. THEREAFTER, BY SPECIAL ORDERS NO. 195, DATED OCTOBER 5, 1956, THAT PART OF THE ABOVE-MENTIONED ORDERS READING "NTI" WAS AMENDED EFFECTIVE RETROACTIVELY TO MARCH 7, 1956, TO READ, IN PERTINENT PART," "WP. PCS. TDN. * * * (DISLOCATION ALW OTHER) * * * (SUBJ TO APPR OF COMDR OF GAINING UNIT). NTI FOR OFFICER CONCERNED.' THIS IS CRTN OF ADMIN ERROR TO SHOW ORIG INTENT.'

THE RECORD SHOWS THAT ON SEPTEMBER 8, 1956, YOUR HOUSEHOLD EFFECTS-- 1,500 CUBIC FEET--- ESTIMATED TO WEIGH APPROXIMATELY 9,000 POUNDS, WERE HAULED FROM 504 SHADY LANE, FALLS CHURCH, VIRGINIA, TO 5930 KIRBY ROAD, BETHESDA, MARYLAND, BY SMITH'S TRANSFER AND STORAGE COMPANY, WASHINGTON, D.C., AT A COST TO YOU OF $108.88. YOUR CLAIM FOR REIMBURSEMENT WAS DISALLOWED BY THE ABOVE-MENTIONED SETTLEMENT FOR THE REASONS THEREIN STATED.

THE TRANSPORTATION OF HOUSEHOLD EFFECTS FOR MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814. PARAGRAPH 8005-1-4 OF THOSE REGULATIONS (CHANGE 43, EFFECTIVE FEBRUARY 1, 1956) PROVIDES FOR DRAYAGE OR HAULING OF A MEMBER'S HOUSEHOLD GOODS (WITHIN PRESCRIBED WEIGHT ALLOWANCES) INTRACITY--- FROM ONE AREA TO ANOTHER WITHIN THE SAME CITY, TOWN, OR METROPOLITAN AREA--- AT GOVERNMENT EXPENSE WHEN NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION. A PERMANENT CHANGE OF STATION IS DEFINED IN PARAGRAPH 1150-10 OF THE JOINT TRAVEL REGULATIONS AS THE POST OF DUTY OR OFFICIAL STATION (INCLUDING THE HOME PORT OR THE HOME YARD OF A VESSEL) TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN "TEMPORARY DUTY" OR ,TEMPORARY ADDITIONAL DUTY," THE LIMITS OF WHICH, IF IN A CITY OR TOWN, WILL BE THE CORPORATE LIMITS OF SUCH CITY OR TOWN.

THUS, IT IS APPARENT THAT THE ABOVE-MENTIONED ORDERS DID NOT EFFECT A PERMANENT CHANGE OF YOUR DUTY STATION AS CONTEMPLATED BY THE REGULATIONS. A MERE CHANGE IN DUTY ASSIGNMENTS FROM ONE LOCATION TO ANOTHER, OR A TRANSFER FROM ONE INSTALLATION TO ANOTHER WITHIN THE CORPORATE LIMITS OF THE SAME CITY DOES NOT CONSTITUTE A PERMANENT CHANGE OF STATION WITHIN THE MEANING OF THE APPLICABLE STATUTE AND REGULATIONS.

IN YOUR LETTER OF JUNE 5, 1957, YOU STATE THAT AS A RESULT OF THE CITED ORDERS YOUR WORKING STATION WAS CHANGED FROM THE AEC HEADQUARTERS BUILDING, (1901 CONSTITUTION AVENUE, N.W.) TO THE ,H" STREET ANNEX (1717 H STREET, N.W.) IN WASHINGTON, D.C. WHILE YOU ADMIT THAT THIS CHANGE IN WORKING LOCATIONS (A DISTANCE OF LESS THAN ONE MILE) IS NOT SUFFICIENT TO JUSTIFY YOUR CLAIM, NEVERTHELESS YOU EXPRESS THE VIEW THAT SINCE THE ATOMIC ENERGY COMMISSION EXPECTS TO MOVE TO NEW HEADQUARTERS AT GERMANTOWN, MARYLAND, SOMETIME THIS FALL, YOU SHOULD BE ALLOWED THE CHARGES CLAIMED.

AMONG THE ENCLOSURES YOU TRANSMITTED IS A MIMEOGRAPHED NEWS BULLETIN ISSUED BY THE COMMISSION CONCERNING THE PROPOSED RELOCATION OF THE COMMISSION'S HEADQUARTERS WHICH CONTAINS RULES AND REGULATIONS ON REIMBURSEMENT FOR MOVEMENT OF HOUSEHOLD GOODS OF ITS EMPLOYEES WHEN THEIR OFFICIAL DUTY STATION IS CHANGED FROM WASHINGTON, D.C., TO GERMANTOWN, MARYLAND. THE BULLETIN RELATES TO CIVILIAN PERSONNEL AND DOES NOT PURPORT TO CONTAIN REGULATIONS GOVERNING REIMBURSEMENT FOR MEMBERS OF THE UNIFORMED SERVICES WHO ARE ASSIGNED TO DUTY AND WORK WITH CIVILIAN EMPLOYEES AT ATOMIC ENERGY COMMISSION HEADQUARTERS. HOWEVER, IT IS NOTED THAT PARAGRAPH 2 THEREOF READS, IN PART, AS FOLLOWS:

"AN EMPLOYEE MUST BE AUTHORIZED, IN CONNECTION WITH OFFICIAL CHANGE IN DUTY STATION, TO MOVE HIS HOUSEHOLD EFFECTS BEFORE REIMBURSEMENT CAN BE CLAIMED. AUTHORIZATION CANNOT BE ISSUED PRIOR TO THE OFFICIAL RELOCATION OF THE AGENCY. * * *"

INFORMAL CONTACT WITH THE ATOMIC ENERGY COMMISSION DISCLOSES THAT ITS MAIN OFFICES ARE STILL LOCATED AT 1901 CONSTITUTION AVENUE, N.W., AND THE DATE ON WHICH IT WILL OFFICIALLY TRANSFER TO NEW HEADQUARTERS IN GERMANTOWN HAS NOT BEEN ESTABLISHED. ACCORDINGLY, UPON REVIEW--- IN THE ABSENCE OF AN OFFICIAL CHANGE IN YOUR DUTY STATION--- NO BASIS IS FOUND FOR THE PAYMENT OF YOUR CLAIM. CONSEQUENTLY, THE SETTLEMENT OF MAY 28, 1957, IS SUSTAINED.

YOUR ORIGINAL SETTLEMENT AND COPIES OF THE TRAVEL ORDERS ATTACHED TO YOUR RECENT LETTER ARE RETURNED HEREWITH.