B-131487, JUN. 14, 1957

B-131487, JUN. 14, 1957

TO WILLIAM S. BLAKESLEE, AC2:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 20, 1957, AND ENCLOSURE, REQUESTING REVIEW OF OUR SETTLEMENT DATED MARCH 5, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR HANDLING-IN CHARGES AND THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS FOR THE PERIOD MAY 10 TO NOVEMBER 10, 1954.

BY ORDERS DATED APRIL 8, 1954, YOU WERE RELIEVED FROM YOUR DUTY STATION AT ATLANTIC CITY, NEW JERSEY, AND ORDERED TO DUTY WITH THE FLEET AIRCRAFT SQUADRON SEVENTY-SEVEN, NAPLES, ITALY. THE RECORD SHOWS THAT UPON YOUR APPLICATION DATED APRIL 28, 1954, YOUR HOUSEHOLD EFFECTS WERE PACKED AND SHIPPED FROM YOUR RESIDENCE IN PLEASANTVILLE, NEW JERSEY, TO ELDREDGE STORAGE COMPANY, ATLANTIC CITY, NEW JERSEY, FOR COMMERCIAL STORAGE. THE EFFECTS REMAINED IN STORAGE UNTIL DECEMBER 2, 1954, WHEN THEY WERE MOVED TO YOUR RESIDENCE AT MT. HOLLY, NEW JERSEY. THE GOVERNMENT PAID THE SUM OF $71.94 FOR SIX MONTHS' STORAGE AND RELATED CHARGES. AN EXCEPTION WAS RAISED IN THE DISBURSING OFFICER'S ACCOUNTS FOR THE REASON THAT TEMPORARY STORAGE OF YOUR HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE WAS NOT AUTHORIZED. YOU REPAID THE SUM OF $71.94 TO THE GOVERNMENT. YOUR CLAIM FOR REFUND OF THIS AMOUNT WAS DISALLOWED BY SETTLEMENT DATED MARCH 5, 1957. IT APPEARS TO BE YOUR CONTENTION THAT YOU ARE ENTITLED TO REIMBURSEMENT OF THE STORAGE CHARGES SINCE YOU ACTED UPON THE ADVICE OF THE SUPPLY OFFICER AT ATLANTIC CITY, WHO HANDLED THE STORAGE TRANSACTION.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 53 STAT. 802, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED, IN CONNECTION WITH A CHANGE OF STATION,"TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS" TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. IT IS TO BE NOTED THAT THE ABOVE-CITED ACT PROVIDES ONLY THAT, IN CONNECTION WITH A CHANGE OF STATION, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRANSPORTATION OF THEIR HOUSEHOLD EFFECTS TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, OR TO REIMBURSEMENT THEREFOR, ENUMERATING PARENTHETICALLY CERTAIN ITEMS OF EXPENSE ORDINARILY INCURRED INCIDENT TO THE SHIPMENT OF HOUSEHOLD EFFECTS SUCH AS CRATING, PACKING AND UNPACKING, AMONG WHICH IS INCLUDED "TEMPORARY STORAGE.' THUS IT IS EVIDENT THAT THE CONGRESS INTENDED THAT TEMPORARY STORAGE SHOULD BE FURNISHED ONLY WHEN NECESSARY AS AN INCIDENT TO A SHIPMENT CURRENTLY IN PROCESS OR IN IMMEDIATE PROSPECT. REGULATIONS ISSUED PURSUANT TO THE PROVISIONS OF SECTION 303 (C) OF THE CAREER COMPENSATION ACT, SUPRA, ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS, PARAGRAPH 8006-1A OF WHICH AUTHORIZES TEMPORARY STORAGE OF HOUSEHOLD EFFECTS, (1) AFTER PICK UP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH OF SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN, (2) WHILE SHIPMENT IS IN TRANSIT, AND (3) AFTER ARRIVAL OF SHIPMENT AT DESTINATION AND BEFORE DELIVERY INTO QUARTERS.

IN VIEW OF THE FOREGOING, THE CONCLUSION IS REQUIRED THAT PARAGRAPH 8006- 1A OF THE JOINT TRAVEL REGULATIONS, EFFECTIVE APRIL 1, 1951, IMPLEMENTING THE AUTHORITY IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS INCIDENT TO THE TRANSPORTATION THEREOF, MUST BE INTERPRETED 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. THE CIRCUMSTANCES WHICH GAVE RISE TO THE NECESSITY FOR TEMPORARY STORAGE MUST BE CERTIFIED TO BY THE PROPERLY DESIGNATED AUTHORITY HAVING KNOWLEDGE OF THE FACTS. SUCH CIRCUMSTANCES WOULD NOT INCLUDE A MERE REQUEST BY AN OWNER THAT HIS EFFECTS BE PLACED IN STORAGE FOR SEVERAL MONTHS PENDING SUCH FUTURE DISPOSITION AS HE MAY DESIRE. SINCE THE RECORD INDICATES THAT YOU PLACED YOUR EFFECTS IN STORAGE IN APRIL 1954 AND YOU INTENDED TO LEAVE THEM IN STORAGE UNTIL SEPTEMBER 1954 WHEN YOU EXPECTED YOUR WIFE TO MOVE INTO HER APARTMENT, IT IS CLEAR THAT NO PART OF THE STORAGE WAS INCIDENT TO A SHIPMENT CURRENTLY IN PROCESS OR IN IMMEDIATE PROSPECT. UNDER THESE CIRCUMSTANCES THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. THIS IS SO NOTWITHSTANDING THE FACT THAT THE STORAGE OF YOUR EFFECTS WAS PROCURED IN GOOD FAITH AND IN COMPLIANCE WITH THE ADMINISTRATIVE INTERPRETATION OF THE REGULATIONS. THE GOVERNMENT IS NOT BOUND BY THE NEGLIGENT OR ERRONEOUS ACTS OF ITS OFFICERS OR AGENTS IN THE ABSENCE OF A STATUTE SO PROVIDING. SEE ROBERTSON V. BICHEL, 127 U.S. 507, 515.

ACCORDINGLY, THE SETTLEMENT OF MARCH 5, 1957, WAS CORRECT AND IS SUSTAINED.