B-127718, JUL. 19, 1956
Highlights
USN: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 6. YOU WERE ORDERED TO CONSIDER YOURSELF DETACHED FROM DUTY ON HIS STAFF AND TO PROCEED TO BREMERTON. IT APPEARS THAT WHEN THE ORDERS WERE RECEIVED YOU WERE LIVING AT CORONADO. YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM THAT CITY ON MAY 13. THE EFFECTS WERE PLACED IN COMMERCIAL STORAGE ON THE LATTER DATE. IN THE AMOUNT OF $74.30 HAVE BEEN PAID BY THE GOVERNMENT ON VOUCHER NO. 233490 IN THE OCTOBER 1955 ACCOUNTS OF D. YOUR CLAIM FOR STORAGE CHARGES FOR THE REMAINDER OF THE PERIOD INVOLVED WAS DISALLOWED BY SETTLEMENT DATED MARCH 5. OF OUR CLAIMS DIVISION FOR THE REASON THAT THERE HAD NOT BEEN FURNISHED A CERTIFICATE BY THE PROPERLY DESIGNATED AUTHORITY THAT THE PERIOD OF STORAGE COVERED BY SUCH CLAIM WAS NECESSARY BECAUSE OF CONDITIONS BEYOND YOUR CONTROL.
B-127718, JUL. 19, 1956
TO COMMANDER W. B. MCQUOWN, USN:
REFERENCE IS MADE TO YOUR LETTER DATED APRIL 6, 1956, AND ENCLOSURES, CONCERNING YOUR CLAIM FOR $115.25 PAID BY YOU FOR THE TEMPORARY STORAGE OF YOUR HOUSEHOLD EFFECTS FROM JULY 24 TO SEPTEMBER 24, 1955, AND FOR WRAPPING MATERIALS AND WAREHOUSE HANDLING OF THE EFFECTS.
UNDER CHANGE OF DUTY ORDERS DATED MARCH 14, 1955, WHEN DIRECTED BY THE COMMANDER, AIR FORCE, PACIFIC FLEET, ON OR ABOUT AUGUST 10, 1955, YOU WERE ORDERED TO CONSIDER YOURSELF DETACHED FROM DUTY ON HIS STAFF AND TO PROCEED TO BREMERTON, WASHINGTON, FOR DUTY. YOU REPORTED AT YOUR NEW DUTY STATION ON AUGUST 22, 1955. IT APPEARS THAT WHEN THE ORDERS WERE RECEIVED YOU WERE LIVING AT CORONADO, CALIFORNIA. AFTER RECEIPT OF THE ORDERS, THE OWNER OF THE RESIDENCE YOU OCCUPIED IN THAT CITY DEMANDED REPOSSESSION, AND YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM THAT CITY ON MAY 13, 1955, ARRIVING AT BREMERTON, WASHINGTON, ON MAY 24, 1955. THE EFFECTS WERE PLACED IN COMMERCIAL STORAGE ON THE LATTER DATE, WHERE THEY REMAINED THROUGH SEPTEMBER 24, 1955. STORAGE CHARGES FOR THE PERIOD MAY 24 THROUGH JULY 23, 1955, IN THE AMOUNT OF $74.30 HAVE BEEN PAID BY THE GOVERNMENT ON VOUCHER NO. 233490 IN THE OCTOBER 1955 ACCOUNTS OF D. N. COBA, DISBURSING OFFICER.
YOUR CLAIM FOR STORAGE CHARGES FOR THE REMAINDER OF THE PERIOD INVOLVED WAS DISALLOWED BY SETTLEMENT DATED MARCH 5, 1956, OF OUR CLAIMS DIVISION FOR THE REASON THAT THERE HAD NOT BEEN FURNISHED A CERTIFICATE BY THE PROPERLY DESIGNATED AUTHORITY THAT THE PERIOD OF STORAGE COVERED BY SUCH CLAIM WAS NECESSARY BECAUSE OF CONDITIONS BEYOND YOUR CONTROL. WITH YOUR LETTER OF APRIL 6, 1956, YOU FURNISHED A CERTIFICATE BY THE ADMINISTRATIVE OFFICER AT YOUR NEW DUTY STATION THAT THE DELAY IN STORAGE FROM AUGUST 22, 1955, THE DATE OF YOUR ARRIVAL AT SUCH STATION, UNTIL SEPTEMBER 24, 1955, TO ENABLE YOU TO LOCATE A SUITABLE DWELLING IN THAT AREA, WAS NOT CONSIDERED EXCESSIVE AND WAS DUE TO MILITARY NECESSITY.
SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES FOR THE TRANSPORTATION AND "TEMPORARY STORAGE" OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES, UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH 8006, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT SECTION, PROVIDES FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS, NOT TO EXCEED SIX MONTHS, WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE MEMBER, SUCH AS (1) AFTER PICKUP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH OF SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN; (2) WHILE SHIPMENT IS IN TRANSIT OR EN ROUTE AND STORAGE IS NOT FURNISHED FREE OF CHARGE BY THE CARRIER; OR (3) AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS.
THESE PROVISIONS OF THE STATUTE AND THE REGULATIONS HAVE CONSISTENTLY BEEN INTERPRETED AND APPLIED AS AUTHORIZING TEMPORARY STORAGE OF HOUSEHOLD EFFECTS AT PUBLIC EXPENSE ONLY WHEN NECESSARY IN CONJUNCTION WITH ONE OR MORE OF THE SEVERAL STAGES OF TRANSPORTATION SET OUT IN THE REGULATIONS, SUCH NECESSITY TO BE CERTIFIED TO BY PROPERLY DESIGNATED AUTHORITY HAVING KNOWLEDGE OF THE FACTS WHICH GAVE RISE TO THE NEED FOR THE STORAGE.
FROM THE FACTS PRESENTED IT APPEARS THAT THE EARLY MOVEMENT OF YOUR EFFECTS TO BREMERTON FOR COMMERCIAL STORAGE RESULTED FROM THE VACATING OF YOUR RESIDENCE IN CORONADO RATHER THAN FROM YOUR CHANGE OF STATION. HENCE, THE STORAGE CHARGES APPEAR TO HAVE BEEN INCURRED BECAUSE OF THAT EARLY SHIPMENT. THE REGULATIONS AUTHORIZE NO STORAGE AT GOVERNMENT EXPENSE INCIDENT TO SUCH A SHIPMENT.
THE PRESENT RECORD DOES NOT SHOW WHEN YOUR EFFECTS WERE REMOVED FROM STORAGE NOR DOES THE CERTIFICATE FURNISHED WITH YOUR REQUEST FOR REVIEW STATE THAT STORAGE AFTER YOUR ARRIVAL AT BREMERTON ACTUALLY WAS NECESSARY BECAUSE OF YOUR INABILITY TO FIND A SUITABLE DWELLING. ON THE BASIS OF THAT RECORD, THERE IS NO LEGAL BASIS UPON WHICH ANY PART OF YOUR CLAIM MAY BE ALLOWED AND THE CIRCUMSTANCES UNDER WHICH YOUR EFFECTS WERE STORED DURING THE PERIOD MAY 24 TO JULY 23, 1955, INDICATE THAT PAYMENT OF THE CHARGES INVOLVED BY THE GOVERNMENT WAS NOT AUTHORIZED UNDER THE APPLICABLE STATUTES AND REGULATIONS. ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD YOU ARE INDEBTED TO THE GOVERNMENT IN THE AMOUNT OF $74.30, THE COST OF THE UNAUTHORIZED STORAGE. SUCH SUM SHOULD BE REMITTED TO US BY CHECK, DRAFT OR MONEY ORDER PAYABLE TO THE U.S. GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON, 13, D.C. ..END :