B-111118, OCT 20, 1952

B-111118, OCT 20, 1952

PRECIS-UNAVAILABLE

EUGENE H. SAELZLER:

REFERENCE IS MADE TO YOUR LETTERS OF JULY 14, AND SEPTEMBER 30, 1952, REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 3, 1952, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF HAULING YOUR HOUSEHOLD EFFECTS TO STORAGE AND FOR STORAGE OF SAME DURING THE PERIOD MARCH 21 TO SEPTEMBER 21, 1951.

BY HEADQUARTERS FIRST ARMY MOVEMENT ORDER 22, DATED MARCH 7, 1951, THE 402D MILITARY GOVERNMENT COMPANY, OF WHICH YOU WERE A MEMBER, WAS DIRECTED TO MOVE FROM ITS HOME STATION, BUFFALO, NEW YORK, TO CAMP GORDON, GEORGIA, SO AS TO ARRIVE ON OR ABOUT MARCH 20, 1951, IT BEING STATED THEREIN THAT THIS WAS A PERMANENT CHANGE OF STATION AND THAT TRANSPORTATION OF HOUSEHOLD EFFECTS WAS AUTHORIZED IN ACCORDANCE WITH ARMY REGULATIONS 55- 160, DATED APRIL 29, 1949. ON MARCH 16, 1951, THE COMMANDING OFFICER, 402D MILITARY GOVERNMENT COMPANY, CERTIFIED THAT YOU ENTERED ACTIVE MILITARY SERVICE WITH THAT COMPANY AT BUFFALO, NEW YORK, ON THAT DATE. MARCH 21, 1951, YOUR HOUSEHOLD EFFECTS WERE HAULED FROM YOUR RESIDENCE IN BUFFALO TO COMMERCIAL STORAGE IN THE SAME CITY.

WHEN YOU WERE ORDERED TO ACTIVE DUTY THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MILITARY PERSONNEL WAS GOVERNED BY UNIFORM REGULATIONS CONTAINED IN EXECUTIVE ORDER NO. 10053, DATED APRIL 20, 1949, PUBLISHED AS TO THE ARMY IN ARMY REGULATIONS 55-160, DATED APRIL 29, 1949. SAID REGULATIONS PROVIDE (PARAGRAPH 10A) FOR SHIPMENT OF HOUSEHOLD EFFECTS FROM HOME TO FIRST OR ANY SUBSEQUENT DUTY STATION WHEN ORDERED TO ACTIVE DUTY; (PARAGRAPH 6(1) (A)) FOR NECESSARY DRAYAGE OR HAULING OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE FROM QUARTERS TO STORAGE IN CONNECTION WITH CHANGE OF STATION ORDERS, AND (PARAGRAPH 7(1)) FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS UNDER CERTAIN CONDITIONS BEYOND CONTROL OF THE OWNER (A) AFTER PICKUP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH OF SHIPMENT AT ORIGIN, (B) WHEN SHIPMENT IS IN TRANSIT OR EN ROUTE, AND (C) AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION STATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS.

THUS SHIPMENT OF YOUR HOUSEHOLD EFFECTS TO YOUR DUTY STATION WAS AUTHORIZED AND IN THAT CASE, HAD TEMPORARY STORAGE BECOME NECESSARY BECAUSE OF CIRCUMSTANCES BEYOND YOUR CONTROL BEFORE DISPATCH OF THE SHIPMENT FROM CARRIER'S STATION, WHILE EN ROUTE TO YOUR DUTY STATION, OR AFTER ARRIVAL AT CARRIER'S DESTINATION STATION PENDING DELIVERY INTO YOUR QUARTERS, SUCH STORAGE WOULD HAVE BEEN FURNISHED AT GOVERNMENT EXPENSE. HOWEVER, WHERE THE DESIRED MOVEMENT OF HOUSEHOLD EFFECTS IS FULLY COMPLETED, I. E., FROM POINT OF ORIGIN TO FINAL DESTINATION, WITHOUT ANY NECESSITY ARISING FOR TEMPORARY STORAGE NO REIMBURSEMENT FOR COMMERCIAL STORAGE IS AUTHORIZED EVEN THOUGH IT MAY BE THAT THE OWNER THEREAFTER INCURS SUCH EXPENSES. SINCE THE SOLE MOVEMENT OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR SERVICE WAS FROM RESIDENCE TO LOCAL STORAGE - WHERE IT APPEARS THEY REMAINED UNTIL YOUR RELEASE FROM ACTIVE DUTY - NO TEMPORARY STORAGE IN CONNECTION WITH THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS WAS INVOLVED. HENCE, THERE IS NO LEGAL BASIS UPON WHICH YOUR CLAIM FOR STORAGE EXPENSES MAY BE ALLOWED NOTWITHSTANDING THE FACT THAT YOU MAY HAVE BEEN ADVISED TO THE CONTRARY.

SINCE APPLICABLE REGULATIONS AUTHORIZE THE HAULING OF EFFECTS FROM HOME TO STORAGE AT GOVERNMENT EXPENSE, A SETTLEMENT FOR THE AMOUNT DUE YOU, AS REIMBURSEMENT FOR SUCH COSTS WILL ISSUE IN DUE COURSE.