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B-130736, APR. 11, 1957

B-130736 Apr 11, 1957
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0-18127: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 22. ON THE BASIS OF THOSE ORDERS YOU WERE AUTHORIZED TO SHIP YOUR HOUSEHOLD EFFECTS. IT IS REPORTED ADMINISTRATIVELY THAT YOU REQUESTED THAT A PORTION OF YOUR HOUSEHOLD EFFECTS. THAT THE LATTER SHIPMENT WAS DENIED. THE NET WEIGHT OF THE HOUSEHOLD EFFECTS SHIPPED TO MONTEREY WAS 9. YOU WERE ENTITLED TO SHIP THE DIFFERENCE (11. IT IS REPORTED THAT YOU WERE ADVISED TO ARRANGE SHIPMENT TO GOVERNMENT STORAGE FROM PERSONAL FUNDS AND TO SUBMIT CLAIM FOR YOUR AUTHORIZED ALLOWANCE BUT THAT YOU DID NOT FOLLOW THAT ADVICE AND PERMITTED YOUR EFFECTS TO REMAIN IN COMMERCIAL STORAGE AT WASHINGTON. BEFORE STORAGE AT GOVERNMENT EXPENSE IS AUTHORIZED THE FACTS MUST DISCLOSE THAT SUCH STORAGE WAS NECESSARY BECAUSE OF CIRCUMSTANCES BEYOND THE CONTROL OF THE OWNER OF THE EFFECTS.

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B-130736, APR. 11, 1957

TO COLONEL ROBERT E. CRON, JR., USA, 0-18127:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 22, 1957, RETURNING CHECK NO. 25,641,167, DATED SEPTEMBER 8, 1954, DRAWN TO YOUR ORDER IN THE SUM OF $24.26, ISSUED PURSUANT TO OUR SETTLEMENT OF AUGUST 25, 1954, AS REIMBURSEMENT OF EXPENSES INCURRED IN MOVING PART OF YOUR HOUSEHOLD EFFECTS FROM ALEXANDRIA, VIRGINIA, TO COMMERCIAL STORAGE IN WASHINGTON, D.C., AND IN WHICH YOU ASK THAT WE REVIEW THAT PORTION OF THE SETTLEMENT WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED INCIDENT TO STORAGE OF YOUR HOUSEHOLD EFFECTS.

SPECIAL ORDERS NO. 87, DATED APRIL 30, 1952, TRANSFERRED YOU FROM WASHINGTON, D.C., TO A SCHOOL AT MONTEREY, CALIFORNIA, FOR APPROXIMATELY SIX MONTHS AND AMENDMENT ORDERS ISSUED ON MAY 2, 1952, FURTHER ASSIGNED YOU OVERSEAS UPON COMPLETION OF THE COURSE OF INSTRUCTION AT THE SCHOOL. ON THE BASIS OF THOSE ORDERS YOU WERE AUTHORIZED TO SHIP YOUR HOUSEHOLD EFFECTS, WITHIN THE PRESCRIBED WEIGHT ALLOWANCE (11,000 POUNDS), TO A DESIGNATED PLACE WITHIN CONTINENTAL UNITED STATES OR TO GOVERNMENT STORAGE. SEE PARAGRAPH 8009, JOINT TRAVEL REGULATIONS.

IT IS REPORTED ADMINISTRATIVELY THAT YOU REQUESTED THAT A PORTION OF YOUR HOUSEHOLD EFFECTS, WEIGHING 10,780 POUNDS AFTER PACKING AND CRATING FOR A DOMESTIC COMMERCIAL VAN SHIPMENT, WHICH INCLUDED 1,000 POUNDS OF PROFESSIONAL BOOKS, BE SHIPPED TO MONTEREY, CALIFORNIA; THAT YOU ALSO REQUESTED THAT THE BALANCE, WEIGHING APPROXIMATELY 3,000 POUNDS, BE SHIPPED TO GOVERNMENT STORAGE; THAT THE LATTER SHIPMENT WAS DENIED; AND THAT YOU THEN PLACED THAT PORTION OF YOUR HOUSEHOLD EFFECTS IN A COMMERCIAL WAREHOUSE AT WASHINGTON, D.C.

THE NET WEIGHT OF THE HOUSEHOLD EFFECTS SHIPPED TO MONTEREY WAS 9,267 POUNDS, COMPUTED UNDER PARAGRAPH 8001, JOINT TRAVEL REGULATIONS. THEREFORE, YOU WERE ENTITLED TO SHIP THE DIFFERENCE (11,000 POUNDS LESS 9,267 POUNDS) OF 1,733 POUNDS TO GOVERNMENT STORAGE. SINCE THE PROPERTY IN COMMERCIAL STORAGE EXCEEDED 1,733 POUNDS, IT IS REPORTED THAT YOU WERE ADVISED TO ARRANGE SHIPMENT TO GOVERNMENT STORAGE FROM PERSONAL FUNDS AND TO SUBMIT CLAIM FOR YOUR AUTHORIZED ALLOWANCE BUT THAT YOU DID NOT FOLLOW THAT ADVICE AND PERMITTED YOUR EFFECTS TO REMAIN IN COMMERCIAL STORAGE AT WASHINGTON, D.C.

IT HAS BEEN HELD THAT THE PROVISIONS OF PARAGRAPH 8006-1, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, MUST BE INTERPRETED AS AUTHORIZING TEMPORARY COMMERCIAL 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. ALSO, BEFORE STORAGE AT GOVERNMENT EXPENSE IS AUTHORIZED THE FACTS MUST DISCLOSE THAT SUCH STORAGE WAS NECESSARY BECAUSE OF CIRCUMSTANCES BEYOND THE CONTROL OF THE OWNER OF THE EFFECTS. SEE 32 COMP. GEN. 410; 33 ID. 470; 34 ID. 45; AND COMPARE 332 COMP. GEN. 301; AND 35 ID. 581. TEMPORARY COMMERCIAL STORAGE OF YOUR EFFECTS WAS NOT AUTHORIZED, EVEN FOR THE PORTION WITHIN YOUR WEIGHT ALLOWANCE, UNLESS STORAGE WAS REQUIRED BECAUSE OF CIRCUMSTANCES BEYOND YOUR CONTROL AND UNLESS SUCH STORAGE WAS INCIDENT TO SHIPMENT OF THOSE EFFECTS. SINCE IT APPEARS THAT YOUR EFFECTS REMAINED IN STORAGE FOR SEVERAL MONTHS AND THAT SUCH STORAGE WAS NOT INCIDENT TO ACTUAL SHIPMENT OF THOSE EFFECTS, NO PART OF THE STORAGE CHARGES MAY BE PAID FROM PUBLIC FUNDS.

THE CHECK FOR $24.26 WAS RETURNED BY YOU BECAUSE YOU CONSIDER IT INADEQUATE AND DISPROPORTIONATE TO THE CHARGES YOU INCURRED. THE AMOUNT OF THE CHECK REPRESENTS THE COST FOR CARTAGE OF 3,000 POUNDS OF HOUSEHOLD EFFECTS FROM ALEXANDRIA, VIRGINIA, TO COMMERCIAL STORAGE IN WASHINGTON, D.C., NOT TO EXCEED THE COST OF 1,733 POUNDS--- THE BALANCE OF YOUR AUTHORIZED WEIGHT ALLOWANCE--- AT THE RATE OF $1.40 PER HUNDREDWEIGHT. SINCE YOU WERE ENTITLED TO HAVE THE LATTER WEIGHT OF EFFECTS MOVED AND THEY WERE MOVED ONLY TO STORAGE THE CARTAGE CHARGE IS ALL THAT IS AUTHORIZED TO BE PAID BY THE GOVERNMENT.

THE SETTLEMENT OF AUGUST 25, 1954, WAS MADE ON THE ABOVE BASIS AND REPRESENTS THE ENTIRE AMOUNT DUE YOU. THEREFORE, THE SETTLEMENT MUST BE, AND IS, SUSTAINED. THE CHECK FOR $24.26 IS HEREWITH RETURNED TO YOU.

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