B-168965, MAR. 6, 1970

B-168965, MAR. 6, 1970

TRANSPORTATION--HOUSEHOLD EFFECTS--HOUSE TRAILER SHIPMENTS--PRIOR TO ISSUANCE OF ORDERS RETIRED MEMBER'S CLAIM FOR REIMBURSEMENT FOR PERSONALLY PROCURED TRANSPORTATION OF HIS HOUSE TRAILER FROM LAST DUTY STATION TO HOME OF SELECTION, IS DISALLOWED, AS MEMBER WHO TRANSPORTS HOUSETRAILER PRIOR TO ISSUANCE OF CHANGE-OF-STATION ORDERS IS ENTITLED TO REIMBURSEMENT FOR COST OF TRANSPORTATION ONLY IF ORDERS ARE ULTIMATELY ISSUED AND REIMBURSEMENT VOUCHER IS SUPPORTED BY CERTIFICATE OF ORDER-ISSUING AUTHORITY TO EFFECT THAT MEMBER WAS ADVISED PRIOR TO TRANSPORTING HOUSETRAILER THAT SUCH ORDERS WOULD BE ISSUED, AND SINCE CLAIMANT HAS NOT FURNISHED REQUIRED CERTIFICATE AND IT APPEARS AIR FORCE WILL NOT ISSUE ONE, IN HIS CASE, THERE IS NO AUTHORITY UNDER REGULATIONS FOR ALLOWANCE OF CLAIM.

TO MASTER SERGEANT LAURENT A. EMOND:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 12, 1970, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF DECEMBER 17, 1969, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE PERSONALLY PROCURED TRANSPORTATION OF YOUR HOUSE TRAILER FROM SMYRNA, TENNESSEE, TO MT. CLEMENS, MICHIGAN, ON MAY 31, 1967.

BY SPECIAL ORDER AC 278 DATED JANUARY 4, 1968, YOU WERE RELIEVED FROM ACTIVE DUTY AT SEWART AIR FORCE BASE, TENNESSEE, ON JANUARY 31, 1968, AND RETIRED EFFECTIVE FEBRUARY 1, 1968. IN YOUR CLAIM YOU SAY THAT BECAUSE OF THE DIFFICULTIES EXPERIENCED IN MOVING YOUR HOUSE TRAILER TO SEWART AIR FORCE BASE IN THE WINTER, YOU MOVED IT FROM THERE TO MT. CLEMENS ON MAY 31, 1967, IN ANTICIPATION OF YOUR RETIREMENT FROM THE AIR FORCE IN JANUARY 1968. IT IS REPORTED THAT YOU FORMALLY APPLIED FOR RETIREMENT ON JUNE 1, 1967, OR TWO DAYS AFTER YOUR TRAILER WAS MOVED.

SECTION 409 OF TITLE 37, U.S.C. PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED AND IN PLACE OF THE TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS OR PAYMENT OF A DISLOCATION ALLOWANCE, A MEMBER, OR IN THE CASE OF HIS DEATH HIS DEPENDENTS, WHO WOULD OTHERWISE BE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS UNDER SECTION 406 OF THIS TITLE, MAY TRANSPORT A HOUSE TRAILER OR MOBILE DWELLING WITHIN THE CONTINENTAL UNITED STATES FOR USE AS A RESIDENCE.

PARAGRAPH M10012-2 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY, PROVIDES THAT A MEMBER WHO TRANSPORTS HIS HOUSE TRAILER PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS WILL BE ENTITLED TO REIMBURSEMENT FOR THE COST OF TRANSPORTATION UNDER PARAGRAPH M10005 OR THE MONETARY ALLOWANCE PRESCRIBED BY PARAGRAPH M10006, AS APPLICABLE, ONLY IN THE EVENT THAT ORDERS ARE ULTIMATELY ISSUED AND THE REIMBURSEMENT VOUCHER IS SUPPORTED BY A CERTIFICATE OF THE ORDER-ISSUING AUTHORITY OR HIS DESIGNATED REPRESENTATIVE TO THE EFFECT THAT THE MEMBER WAS ADVISED PRIOR TO THE TRANSPORTATION OF HIS HOUSE TRAILER THAT SUCH ORDERS WOULD BE ISSUED.

THE TRAILER ALLOWANCE IS PAYABLE PRIMARILY TO MEMBERS UNDER PERMANENT CHANGE OF STATION ORDERS, INCLUDING CHANGE FROM LAST DUTY STATION TO HOME OF SELECTION. IN KEEPING WITH THAT CONCEPT OF THE LAW, THE REGULATIONS REQUIRE A CERTIFICATE AS DESCRIBED IN PARAGRAPH M10012 OF THE JOINT TRAVEL REGULATIONS OF THOSE MEMBERS WHO TRANSPORT THEIR HOUSE TRAILERS PRIOR TO THE ISSUANCE OF PERMANENT CHANGE OF STATION ORDERS AS A BASIS FOR THE PAYMENT OF THE TRAILER ALLOWANCE. SINCE YOU HAVE NOT FURNISHED A CERTIFICATE OF THE TYPE REQUIRED, AND IT APPEARS THAT THE AIR FORCE WILL NOT ISSUE ONE IN YOUR CASE, THERE IS NO AUTHORITY UNDER THE GOVERNING REGULATIONS FOR THE ALLOWANCE OF YOUR CLAIM.

WHILE YOU SAY THAT SUCH CERTIFICATE IS NOT IMPORTANT IN YOUR CASE SINCE YOU WERE ULTIMATELY DISCHARGED FROM THE SERVICE, WE ARE WITHOUT AUTHORITY TO WAIVE OR MAKE EXCEPTIONS TO THE REQUIREMENTS OF THE LAW AND REGULATIONS.

ACCORDINGLY, THE SETTLEMENT OF DECEMBER 17, 1969, DISALLOWING YOUR CLAIM IS SUSTAINED.