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B-183278 1 (1975-09-18)

handle is hein.gao/gaobadcoq0001 and id is 1 raw text is: 
                   o.LE R C.
                          .  THE  COMPTRO.LLER GENERAL
DECISION                     OF   THE UNITED STATES
                             WASHINGTON, D.C. 20548




FILE:   B83278                      DATE:   SEP  1 8 1975      7 Yo

MATTER OF: Reimbursement for shipment of household goods
               in advance of retirement - Colonel Jack L.
               Keith, USAF, Retired
          1. Member who transported his household goods from his
             last permanent duty station to his retirement home
             at time he applied for voluntary retirement, but
             which was prior to actual retirement and one year
             prior to approval of retirement request, is not
             entitled to reimbursement for such transportation
             costs, since para. M8015-1, JTR, provides that
             transportation at Government expense is not author-
             ized prior to issuance of orders, except in case of
             emergency, exigency of pervice, or when required by
             service necessity.

          2. Member may not be reimbursed for household goods'
             shipping costs incurred based upon erroneous infor-
             mation received from superior officer, since in the
             absence of specific statutory authority United
             States is not liable for negligent or erroneous
             acts of its officers, agents, or employees commit-
             .ted in the performance of official duties.

     This action is in response to a letter dated January 23, 1975,
from Colonel Jack L. Keith, USAF, Retired, requesting reconsidera-
tion of a settlement by our Transportation and Claims Division
dated October 1, 1973, which disallowed his claim for reimbursement
of costs incurred in transporting his household goods on Decem-
ber 31, 1971, incident to his retirement from the United States
Air Force, effective January 1, 1973.

     The record shows that on December 8, 1971, the member applied
for voluntary retirement to become effective January 1, 1973.
Concurrently, he submitted a request for shipment of his goods
prior to issuance of retirement orders. In anticipation of receiv-
ing approval of his requests, he moved his household goods at
personal expense from his permanent duty station, Langley Air Force
Base, Virginia, to Miami, Florida, on December 31, 1971. His
request for advance shipment was subsequently disapproved by undated
letter from Headquarters Air Force Military Personnel Center, Randolph
Air Force Base, Texas. This occurred sometime between December 8,
1971, the date of the request, and January 17, 1972, the date
of the letter to the member from the Chief of Transportation,Langley
Air Force Base, Virginia, which notified him of the disapproval.

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