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B-197522 1 (1980-11-24)

handle is hein.gao/gaobadish0001 and id is 1 raw text is: 1i DECISION q C, $ ~ THE COMPTROLLER GENERAL OF THE UNITED STATES VG . WASHINGTON, 0. C. 20548 FILE: B-197522 MATTER OF: DIGEST: A E November 24, 1980 Captain William M. Wolfe LTransportation of household goods in advance of orders Military member is not entitled to transportation of household goods in advance of orders, since shipment without orders was for personal, not military reason. Military member indicated he was informed that he had 72 hours to clear post and that in 48 hours orders .would be issued, but he shipped goods without waiting for orders. Further, orders were not immediately forthcoming because of member's actions delaying separation from active duty until a medical determina- tion could be made in his case. The issue in this case is whether Captain William M. Wolfe (U.S. Army Retired) is entitled to transportation of his household goods which he shipped without orders authorizing the shipment. r Mr. J. A. Ware, Acting Assistant Adjutant General, Fort Leonard Wood, Missouri, certified on April 15, 1975, that Captain Wolfe had received notice on November 4, 1974, of his scheduled separation from active duty. According to Mr. Ware, notice was by letter entitled Retention on Active Duty from Headquarters, Department of the Army,J_9CC 66Ze dated October 24, 1974. No mention of the date of separation con- tained in this letter is made in Mr. Ware's statement. On November 4, 1974, Captain Wolfe says that he contacted Post Transportation, Household Goods Section, and explained he had been informed that he was to separate from the service within 72 hours and that his orders would not be prepared for 48 hours. Concerning the lack of separa- tion orders, Mrs. Evelyn Hayes of the Household Goods Section responded that orders must be submitted to the Section. Nevertheless, Captain Wolfe shipped his household goods to his home of record on November 5, 1974, without obtaining orders. He says that Mr. Ware had informed him that when he did obtain orders he would be reimbursed for the shipment. However, Captain Wolfe never received orders in accordance with the October 24 notice of separation. Captain Wolfe's attorney secured a Federal court injunction preventing theArmy from separating him from the service until a Medical Board had taken action in his

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