B-112467, MAY 12, 1953
Highlights
JOE BLAINE BOWIE: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 20. YOU WERE ALLOWED 49.57 AS REIMBURSEMENT FOR PACKING AND HAULING HOUSEHOLD EFFECTS TO STORAGE. THAT PART OF YOUR CLAIM REPRESENTING STORAGE CHARGES WAS DISALLOWED. THE SAID SETTLEMENT WAS REVIEWED AND IN DECISION OF THIS OFFICE TO YOU DATED FEBRUARY 10. YOU WERE ADVISED AS TO THE REGULATIONS APPLICABLE TO YOUR CLAIM AND OF THE REASONS WHY YOU WERE NOT ENTITLED TO STORAGE OF YOUR HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE. IN YOUR PRESENT REQUEST FOR FURTHER CONSIDERATION OF YOUR CLAIM YOU CONTEND THAT THE REGULATIONS SHOULD NOT BE CONSTRUED AS LIMITING THE RIGHT OF TEMPORARY STORAGE OF HOUSEHOLD EFFECTS TO INSTANCES WHERE ACTUAL SHIPMENT IS INVOLVED.
B-112467, MAY 12, 1953
PRECIS-UNAVAILABLE
MR. JOE BLAINE BOWIE:
FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 20, 1953, AND ENCLOSURE, AND LETTER DATED FEBRUARY 25, 1953, AND ENCLOSURES, FROM HONORABLE MIKE MONRONEY, UNITED STATES SENATE, CONCERNING YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS, INCIDENT TO YOUR SERVICE AS A MEMBER OF THE UNITED STATES NAVAL RESERVE.
IN THE SETTLEMENT OF THE CLAIMS DIVISION OF THIS OFFICE DATED SEPTEMBER 25, 1952, YOU WERE ALLOWED 49.57 AS REIMBURSEMENT FOR PACKING AND HAULING HOUSEHOLD EFFECTS TO STORAGE, BUT THAT PART OF YOUR CLAIM REPRESENTING STORAGE CHARGES WAS DISALLOWED. UPON YOUR REQUEST, THE SAID SETTLEMENT WAS REVIEWED AND IN DECISION OF THIS OFFICE TO YOU DATED FEBRUARY 10, 1953, B-112467, YOU WERE ADVISED AS TO THE REGULATIONS APPLICABLE TO YOUR CLAIM AND OF THE REASONS WHY YOU WERE NOT ENTITLED TO STORAGE OF YOUR HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE. IN YOUR PRESENT REQUEST FOR FURTHER CONSIDERATION OF YOUR CLAIM YOU CONTEND THAT THE REGULATIONS SHOULD NOT BE CONSTRUED AS LIMITING THE RIGHT OF TEMPORARY STORAGE OF HOUSEHOLD EFFECTS TO INSTANCES WHERE ACTUAL SHIPMENT IS INVOLVED.
SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 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. CF. 22 COMP. GEN. 478, 483, REGULATIONS ISSUED PURSUANT TO THE PROVISIONS OF SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 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 APPEARS REQUIRED THAT SAID PARAGRAPH 8006-1A OF THE JOINT TRAVEL REGULATIONS, EFFECTIVE APRIL 1, 1951, IMPLEMENTING THE AUTHORITY FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS INCIDENT TO THE TRANSPORTATION THEREOF CONTAINED IN THE SAID SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 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 SAID REGULATIONS, SUCH NECESSITY TO BE CERTIFIED TO BY PROPERLY DESIGNATED AUTHORITY HAVING KNOWLEDGE OF THE FACTS BEYOND CONTROL OF THE OWNER OF THE EFFECTS UNDER WHICH THEY WERE STORED, WHICH CIRCUMSTANCES, INTER ALIA, WOULD NOT INCLUDE A MERE REQUEST BY AN OWNER THAT HIS EFFECTS BE PLACED IN STORAGE PENDING SUCH FUTURE DISPOSITION AS HE MAY DESIRE. SINCE THE SOLE MOVEMENT OF YOUR HOUSEHOLD EFFECTS WAS FROM RESIDENCE TO LOCAL STORAGE AND RETURN TO RESIDENCE, IT IS CLEAR THAT NO PART OF THE STORAGE WAS INCIDENT TO ANY TRANSPORTATION OR SHIPMENT OF SUCH EFFECTS. HENCE, IRRESPECTIVE OF ANY ADVICE TO THE CONTRARY WHICH YOU MAY HAVE RECEIVED, THERE IS NO LEGAL BASIS UPON WHICH YOUR CLAIM FOR STORAGE EXPENSES MAY BE ALLOWED.
ACCORDINGLY, THE DECISION OF FEBRUARY 10, 1953, IS AFFIRMED.