B-130012, JUN. 3, 1957

B-130012, JUN. 3, 1957

TO CHIEF WARRANT OFFICER VERNON A. NITCHEY, USN:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 7, 1957, REQUESTING RECONSIDERATION OF OUR DECISION TO YOU DATED JANUARY 28, 1957, B 130012, WHICH SUSTAINED THE SETTLEMENT DATED OCTOBER 25, 1956, DENYING PAYMENT OF YOUR CLAIM FOR STORAGE AND CARTAGE ON YOUR HOUSEHOLD GOODS SHIPPED FROM SAN DIEGO, CALIFORNIA, TO BREMERTON, WASHINGTON, ON GOVERNMENT BILL OF LADING NO. N 30777947.

AS INDICATED IN THE ABOVE-MENTIONED DECISION, THE RECORD SHOWS THAT BY ORDERS DATED DECEMBER 10, 1955, THE HOME YARD OF THE U.S.S. HORNET (CVA- 12), THE VESSEL UPON WHICH YOU WERE SERVING, WAS CHANGED FROM SAN FRANCISCO, CALIFORNIA, TO PUGET SOUND, WASHINGTON, EFFECTIVE JANUARY 15, 1956. FOLLOWING THE ORDERS FOR CHANGE OF HOME YARD PURSUANT TO YOUR APPLICATION DATED DECEMBER 19, 1955, YOUR HOUSEHOLD GOODS WEIGHING 4,320 POUNDS WERE SHIPPED FROM PLACE OF STORAGE AT SAN DIEGO, CALIFORNIA, TO THE NAVY HOUSING UNIT (C/O MRS. BECK), BREMERTON, WASHINGTON, AT GOVERNMENT EXPENSE, DURING DECEMBER 1955. IT IS INDICATED THAT, DUE TO THE LACK OF AN APPROPRIATE ADDRESS, YOUR HOUSEHOLD GOODS WERE PLACED IN COMMERCIAL STORAGE FROM DECEMBER 28, 1955, UNTIL JANUARY 9, 1956, WHEN THEY WERE TRANSPORTED TO YOUR NEW RESIDENCE IN BREMERTON. PAYMENT OF CLAIM FOR $88.34, REPRESENTING THE SUM EXPENDED FOR STORAGE AND CARTAGE CHARGES, WAS REJECTED BY THE ABOVE-MENTIONED SETTLEMENT IN THE ABSENCE OF A SUPPORTING CERTIFICATE FROM A PROPERLY DESIGNATED OFFICIAL THAT COMMERCIAL STORAGE OF YOUR EFFECTS AT GOVERNMENT EXPENSE WAS NECESSARY.

ATTACHED TO YOUR LETTER REQUESTING RECONSIDERATION OF YOUR CLAIM IS A STATEMENT PREPARED AND SIGNED BY YOU PURPORTING TO SHOW THAT THE STORAGE OF YOUR EFFECTS WAS NECESSARY. HOWEVER, THE EXECUTED STATEMENT SHOWS THAT YOU DID NOT HAVE AN ACCEPTABLE SHIPPING ADDRESS IN BREMERTON AT THE TIME YOU MADE ARRANGEMENTS FOR THE MOVEMENT OF YOUR EFFECTS FROM SAN DIEGO. THAT STATEMENT, WHICH WAS FORWARDED HERE THROUGH THE OFFICE OF THE COMMANDING OFFICER, U.S. NAVAL SUPPLY DEPOT, SAN DIEGO, WAS NOT APPROVED BY HIM. INSTEAD, BY SECOND INDORSEMENT DATED FEBRUARY 25, 1957, HE REPORTS THAT AT THE TIME OF YOUR APPLICATION YOU WERE INFORMED THAT THE BREMERTON ADDRESS TO WHICH YOU REQUESTED SHIPMENT BE MADE WAS INSUFFICIENT AND THAT AS A RESULT THEREOF THE STORAGE OF YOUR EFFECTS WOULD PROBABLY BE REQUIRED. MOREOVER IT IS REPORTED THAT YOUR APPLICATION WAS RECEIVED BY AN EXPERIENCED SUPERVISOR AT THE BASE, WHO, BECAUSE OF YOUR UNUSUAL REQUEST TO EFFECT SHIPMENT IRRESPECTIVE OF THE ADDRESS, REQUIRED YOU TO SIGN THE STATEMENT (COPY ATTACHED) WHICH READS:

"DUE TO INSUFFICIENT ADDRESS I WILL TAKE FULL RESPONSIBILITY IF THESE HHE ARE PLACED IN COMMERCIAL STORAGE BECAUSE OF LACK OF ADDRESS.'

PARAGRAPH 8051-1 (CHANGE 39, DATED OCTOBER 1, 1955), OF THE JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME YOU REQUESTED SHIPMENT OF YOUR EFFECTS, REQUIRES THAT APPLICATIONS FOR SHIPMENT SHALL INDICATE THAT ARRANGEMENTS HAVE BEEN MADE AT DESTINATION FOR IMMEDIATE ACCEPTANCE OF THE HOUSEHOLD GOODS FROM THE CARRER UPON ARRIVAL AT DESTINATION. PROVISION IS ALSO MADE THAT "THE MEMBER IS RESPONSIBLE FOR ANY DEMURRAGE, UNAUTHORIZED STORAGE, OR OTHER CHARGES INCURRED BECAUSE CORRECT DELIVERY ADDRESS WAS NOT FURNISHED OR BECAUSE SHIPMENT WAS NOT ACCEPTED PROMPTLY FROM THE CARRIER BY SUCH MEMBER OR HIS AUTHORIZED AGENT DESIGNATED UPON THE REQUEST.' VIEW OF THE ABOVE, AND SINCE THE CERTIFICATE EXECUTED BY YOU CONCERNING THE NECESSITY FOR THE STORAGE OF YOUR EFFECTS (SEE PARAGRAPH 8006-1C (CHANGE 39) OF THE JOINT TRAVEL REGULATIONS), WAS NOT APPROVED BY THE APPROPRIATE COMMANDING OFFICER OR HIS AUTHORIZED REPRESENTATIVE, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

ACCORDINGLY, UPON REVIEW, IT IS FOUND THAT THE ACTION DENYING PAYMENT OF YOUR CLAIM WAS CORRECT, AND SUCH ACTION MUST BE AND IS, SUSTAINED.