B-108352, JUL 1, 1953

B-108352: Jul 1, 1953

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STRONG: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 2. YOU WERE ORDERED TO EXTENDED ACTIVE DUTY AS A CAPTAIN IN THE UNITED STATES ARMY RESERVE FROM CINCINNATI. YOU WERE ASSIGNED TO DUTY AT WASHINGTON. WERE PACKED ON SEPTEMBER 11. YOU WERE ALLOWED ON YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES SO INCURRED THE SUM OF $175.74 WHICH INCLUDED $43.25 FOR STORAGE. YOUR CLAIM FOR $88 WAS DISALLOWED. YOU WERE ADVISED THEREIN THAT THE AMOUNT OF $43.25 FOR STORAGE CHARGES WAS ERRONEOUSLY ALLOWED BY THE SETTLEMENT OF MARCH 17. YOU WERE REQUESTED TO REMIT THAT AMOUNT TO THIS OFFICE. IN YOUR PRESENT LETTER YOU CONTEND THAT SINCE NO GOVERNMENT STORAGE FACILITIES WERE AVAILABLE FOR THE STORAGE OF YOUR EFFECTS YOU ARE ENTITLED UNDER THE PROVISIONS OF PARAGRAPH 8007-6 OF THE JOINT TRAVEL REGULATIONS TO SIX MONTHS COMMERCIAL STORAGE.

B-108352, JUL 1, 1953

PRECIS-UNAVAILABLE

MR. ROBERT L. STRONG:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 2, 1953, REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 27, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS DURING THE PERIOD DECEMBER 19, 1951 TO APRIL 19, 1952, INCIDENT TO YOUR SERVICE AS A CAPTAIN, UNITED STATES ARMY RESERVE.

BY ORDERS DATED FEBRUARY 12, 1951, AS AMENDED, YOU WERE ORDERED TO EXTENDED ACTIVE DUTY AS A CAPTAIN IN THE UNITED STATES ARMY RESERVE FROM CINCINNATI, OHIO, EFFECTIVE OCTOBER 5, 1951, AND ASSIGNED TO FORT GEORGE G. MEADE, MARYLAND, FOR PROCESSING AND ASSIGNMENT, AND BY ORDERS DATED OCTOBER 11, 1951, YOU WERE ASSIGNED TO DUTY AT WASHINGTON, D. C. IT APPEARS THAT YOUR HOUSEHOLD EFFECTS, WEIGHING APPROXIMATELY 9,800 POUNDS, WERE PACKED ON SEPTEMBER 11, 1951, HAULED FROM RESIDENCE TO STORAGE IN CINCINNATI, OHIO, ON SEPTEMBER 19, 1951, AND STORED FOR A PERIOD OF THREE MONTHS AT A COST TO YOU OF $284.75. BY SETTLEMENT DATED MARCH 17, 1952, YOU WERE ALLOWED ON YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES SO INCURRED THE SUM OF $175.74 WHICH INCLUDED $43.25 FOR STORAGE. THEREAFTER, YOU SUBMITTED TO THIS OFFICE A RECEIPT OF THE SECURITY STORAGE COMPANY SHOWING CHARGES PAID BY YOU FOR STORAGE OF YOUR EFFECTS FROM DECEMBER 19, 1951 TO APRIL 19, 1952, IN THE AMOUNT OF $88, FOR WHICH YOU CLAIMED REIMBURSEMENT. BY SETTLEMENT DATED JANUARY 27, 1953, YOUR CLAIM FOR $88 WAS DISALLOWED, AND YOU WERE ADVISED THEREIN THAT THE AMOUNT OF $43.25 FOR STORAGE CHARGES WAS ERRONEOUSLY ALLOWED BY THE SETTLEMENT OF MARCH 17, 1952, AND YOU WERE REQUESTED TO REMIT THAT AMOUNT TO THIS OFFICE. IN YOUR PRESENT LETTER YOU CONTEND THAT SINCE NO GOVERNMENT STORAGE FACILITIES WERE AVAILABLE FOR THE STORAGE OF YOUR EFFECTS YOU ARE ENTITLED UNDER THE PROVISIONS OF PARAGRAPH 8007-6 OF THE JOINT TRAVEL REGULATIONS TO SIX MONTHS COMMERCIAL STORAGE.

THE SOLE AUTHORITY FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS OF SERVICE PERSONNEL AT GOVERNMENT EXPENSE IS CONTAINED IN SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, WHICH 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 SAID STATUTE DOES NOT AUTHORIZE STORAGE INDEPENDENTLY OF TRANSPORTATION BUT ONLY AS INCIDENT THERETO, AND WHILE FOR ADMINISTRATIVE PURPOSES THE MAXIMUM PERIOD OF TEMPORARY STORAGE HAS BEEN FIXED AT SIX MONTHS, THE PERIOD OF TEMPORARY STORAGE AUTHORIZED WITHIN SUCH LIMITATION CLEARLY CANNOT BE DETERMINED IN ANY GIVEN CASE OTHER THAN ON THE BASIS OF THE CIRCUMSTANCES AND CONDITIONS PERTAINING TO THE SHIPMENT AS MADE. 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. PARAGRAPH 8007-6 OF THE JOINT TRAVEL REGULATIONS, WHICH YOU APPARENTLY REGARD AS AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM, MAKES CERTAIN PROVISION FOR DRAYAGE AND STORAGE OF HOUSEHOLD EFFECTS OF PERSONNEL DETACHED FROM A PERMANENT DUTY STATION FOR TEMPORARY DUTY AND FURTHER ASSIGNMENT, WHICH SERVICES OTHERWISE WOULD HAVE TO AWAIT THE ASSIGNMENT OF A NEW PERMANENT STATION, BUT SUCH REGULATIONS OBVIOUSLY CANNOT, AND DO NOT, CONFER UPON SUCH PERSONNAL GREATER RIGHTS TO COMMERCIAL STORAGE OF THEIR EFFECTS THAN WOULD ACCRUE UNDER OTHERWISE PROPER CIRCUMSTANCES TO PERSONNEL DETACHED FROM AN OLD PERMANENT STATION UNDER ORDERS DESIGNATING THE NEW PERMANENT STATION.

SINCE THE SOLE MOVEMENT OF THE HOUSEHOLD EFFECTS HERE INVOLVED INCIDENT TO YOUR ORDERS TO ACTIVE DUTY AND ASSIGNMENT TO DUTY AT WASHINGTON D. C. WAS FROM RESIDENCE TO LOCAL STORAGE AND RETURN TO RESIDENCE IN CINCINNATI, OHIO, IT IS CLEAR THAT NO PART OF THE STORAGE WAS INCIDENT TO ANY TRANSPORTATION OR SHIPMENT OF SUCH EFFECTS UNDER THOSE ORDERS. THIS BEING SO, NO RIGHT TO STORAGE OF YOUR EFFECTS IN A COMMERCIAL FACILITY AT GOVERNMENT EXPENSE ACCRUED TO YOU NOTWITHSTANDING THE FACT THAT IT MAY BE THAT NO SPACE FOR THEIR STORAGE WAS AVAILABLE IN A GOVERNMENT FACILITY. HENCE, THERE IS NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED FOR ANY PART OF THE STORAGE CHARGES SO INCURRED. HOWEVER, SINCE YOUR AUTHORIZED WEIGHT ALLOWANCE WAS 8,500 POUNDS, PLUS 5 PERCENT FOR MATERIALS USED FOR PACKING FOR VAN SHIPMENT, OR 8,925 POUNDS, YOU WERE ENTITLED TO REIMBURSEMENT OF $100.75 FOR PACKING - NO EXCESS WEIGHT HAVING BEEN PACKED - AND TO REIMBURSEMENT FOR HAULING ON THE BASIS OF 8925/9800 X $52, OR $47.36, A TOTAL OF $148.11. BY THE SETTLEMENT OF MARCH 17, 1952, YOU WERE ALLOWED THE AMOUNT OF $175.74. THEREFORE, YOU ARE INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $27.63. SUCH SUM SHOULD BE REMITTED TO THIS OFFICE BY CHECK, DRAFT OR MONEY ORDER PAYABLE TO THE TREASURER OF THE UNITED STATES.