B-130511, MAR. 18, 1957

B-130511, MAR. 18, 1957

TO LIEUTENANT (JG) WILLIAM CROTE, USNR:

FURTHER REFERENCE IS MADE TO YOUR LETTERS OF JANUARY 1 AND 31, 1957, CONCERNING YOUR CLAIM FOR REIMBURSEMENT OF $378 PAID BY YOU FOR MOVING YOUR HOUSEHOLD EFFECTS TO AND FROM WAREHOUSE; WAREHOUSE LABOR; AND STORAGE CHARGES FOR SIX MONTHS AS TEMPORARY STORAGE.

ORDERS DATED AUGUST 22, 1955, DIRECTED YOUR RELEASE FROM ACTIVE DUTY EFFECTIVE ON OR ABOUT DECEMBER 6, 1955, AND IN SUFFICIENT TIME TO PERMIT COMPLETION OF SEPARATION PROCESSING PRIOR TO DECEMBER 21, 1955. FIRST ENDORSEMENT THEREON PROVIDED THAT ON DECEMBER 19, 1955, YOU WOULD REGARD YOURSELF DETACHED FROM DUTY AND REPORT IMMEDIATELY FOR SEPARATION PROCESSING. PURSUANT TO MODIFICATIONS OF THOSE ORDERS YOU WERE ACTUALLY RELEASED FROM ACTIVE DUTY ON JANUARY 31, 1956. ON DECEMBER 20, 1955, YOUR HOUSEHOLD EFFECTS, WEIGHING 3,500 POUNDS, WERE HAULED FROM YOUR RESIDENCE IN BOSTON, MASSACHUSETTS, TO A COMMERCIAL WAREHOUSE IN THE SAME CITY FOR STORAGE. THE EFFECTS REMAINED IN STORAGE UNTIL OCTOBER 6, 1956, AT WHICH TIME THEY WERE HAULED TO A RESIDENCE SELECTED BY YOU AT CAMBRIDGE, MASSACHUSETTS.

BY A SETTLEMENT MADE BY OUR CLAIMS DIVISION YOU WERE ALLOWED $52.50 REPRESENTING THE AMOUNT IT WOULD HAVE COST THE GOVERNMENT BY CONTRACT TO MOVE YOUR EFFECTS FROM RESIDENCE TO STORAGE. YOU WERE ADVISED BY THE VOUCHER AUTHORIZING THE ABOVE PAYMENT THAT WHERE A MEMBER, UPON SEPARATION FROM THE SERVICE, FINDS HIMSELF IN POSSESSION OF HOUSEHOLD EFFECTS FOR WHICH, BECAUSE OF PERSONAL LIVING ARRANGEMENTS, HE HAS NO PRESENT USE AND THEREFORE, SHIPS THEM TO STORAGE RATHER THAN TO HIS HOME, THE STORAGE WAREHOUSE CONSTITUTES THE FINAL DESTINATION OF THE SHIPMENT AND THAT, ACCORDINGLY, THERE WAS NO AUTHORITY FOR REIMBURSEMENT FOR STORAGE CHARGES OR DRAYAGE FROM PLACE OF STORAGE TO RESIDENCE.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT, UNDER SUCH REGULATIONS AS THE SECRETARIES MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, AND TEMPORARY STORAGE) OF HOUSEHOLD EFFECTS TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT SECTION PROVIDE FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS IN COMMERCIAL FACILITIES FOR PERIODS NOT TO EXCEED SIX MONTHS WHEN NECESSARY DUE TO CONDITIONS BEYOND CONTROL OF THE OWNER IN CONNECTION WITH TRANSPORTATION OF THE EFFECTS. BY DECISION B-117876, DATED APRIL 16, 1954 (33 COMP. GEN. 470), WE ADVISED THE SECRETARY OF THE NAVY THAT WHEN, INCIDENT TO A PERMANENT CHANGE OF STATION, THE HOUSEHOLD EFFECTS OF A MEMBER ARE PLACED IN COMMERCIAL STORAGE AT POINT OF ORIGIN WITH THE INTENTION OF MAKING SHIPMENT UNDER SUCH ORDERS, AND NO SHIPMENT IS EFFECTED, NO PART OF SUCH STORAGE MAY BE REGARDED AS TEMPORARY STORAGE AT GOVERNMENT EXPENSE IRRESPECTIVE OF THE MEMBER'S INTENTIONS AT TIME OF STORAGE, AND THAT INTRACITY DRAYAGE MAY NOT BE CONSIDERED SHIPMENT SO AS TO AUTHORIZE TEMPORARY STORAGE INCIDENT TO SUCH DRAYAGE. SEE DECISION B 128785, AUGUST 30, 1956. ALSO, WE HAVE HELD THAT UNDER PARAGRAPH 8006 1 OF THE JOINT TRAVEL REGULATIONS, THE RIGHT TO TEMPORARY STORAGE OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE INCIDENT TO A CHANGE OF STATION ARISES ONLY WHEN THE STORAGE IS IN CONNECTION WITH TRANSPORTATION OR SHIPMENT OF SUCH EFFECTS. SEE 32 COMP. GEN. 410. IN A CASE WHERE HOUSEHOLD EFFECTS WERE PLACED IN STORAGE AND NOT ACTUALLY SHIPPED TO ANY OTHER POINT, IT WAS HELD TO BE CLEAR THAT NO PART OF THE STORAGE WAS INCIDENT TO TRANSPORTATION OR SHIPMENT OF SUCH EFFECTS. DECISION B- 128044, AUGUST 1, 1956.

SINCE YOU HAD YOUR EFFECTS (3,500 POUNDS) HAULED FROM YOUR RESIDENCE IN BOSTON TO A COMMERCIAL WAREHOUSE FOR STORAGE UNTIL YOU MIGHT FIND FURTHER USE FOR THEM, SUCH STORAGE WAS NOT TEMPORARY STORAGE INCIDENT TO THEIR TRANSPORTATION WITHIN THE MEANING OF THE APPLICABLE STATUTE AND NO PART OF THE STORAGE CHARGES MAY BE PAID FROM PUBLIC FUNDS. THE WAREHOUSE LABOR CHARGES AND THE SUBSEQUENT DRAYAGE OF THOSE EFFECTS FROM STORAGE TO RESIDENCE, A SECOND INTRA-CITY MOVE, LIKEWISE ARE NOT FOR ALLOWANCE.

IN YOUR LETTER OF JANUARY 1, 1957, YOU QUESTION THE COMPUTATION OF THE SUM OF $52.50 ALLOWED YOU AS DRAYAGE CHARGES TO STORAGE. AS WAS STATED ON THE VOUCHER, THE AMOUNT ALLOWED REPRESENTS THE COST TO THE GOVERNMENT HAD THE SERVICE BEEN PERFORMED UNDER NAVY CONTRACT. PRIOR TO THE SETTLEMENT WE WERE INFORMED BY THE ADMINISTRATIVE OFFICE THAT THE NAVY HAD A CONTRACT RATE OF $1.50 PER HUNDREDWEIGHT FOR DRAYAGE IN BOSTON OR FROM BOSTON TO CAMBRIDGE, MASSACHUSETTS, AT THE TIME YOUR EFFECTS WERE MOVED. WE ARE REQUIRED TO EFFECT SETTLEMENT ON THE BASIS OF THE INFORMATION FURNISHED ADMINISTRATIVELY.

INASMUCH AS THE SETTLEMENT OF YOUR CLAIM WAS MADE ON THE FOREGOING BASIS, IT WAS CORRECT AND IS SUSTAINED.