B-117224, DEC 16, 1953

B-117224, DEC 16, 1953

PRECIS-UNAVAILABLE

JOHN A. STRUBBE, LIEUTENANT (JG), USNR:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 15, 1953, REQUESTING REVIEW OF SETTLEMENT DATED AUGUST 24, 1953, WHEREIN YOU WERE ALLOWED THE SUM OF $55.60 ON YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF PACKING, DRAYAGE TO STORAGE, AND STORAGE OF YOUR HOUSEHOLD EFFECTS IN CHICAGO, ILLINOIS, DURING THE PERIOD MAY 24 TO NOVEMBER 24, 1951.

BY ORDERS DATED APRIL 11, 1951, AND ENDORSEMENTS THEREON, YOU WERE ORDERED TO ACTIVE DUTY FROM CHICAGO, ILLINOIS, AND ASSIGNED TO DUTY ABOARD THE U.S.S. MELVIN R. NAWMAN (DE-416). YOU REPORTED FOR DUTY ABOARD SAID VESSEL ON JUNE 20, 1951. YOUR HOUSEHOLD EFFECTS WEIGHING APPROXIMATELY 4,250 POUNDS WERE HAULED FROM YOUR RESIDENCE IN CHICAGO, ILLINOIS, TO COMMERCIAL STORAGE IN THE SAME CITY ON MAY 24, 1951, AT PERSONAL EXPENSE. A RECEIPT OF HOLLANDER STORAGE & MOVING COMPANY, INC., CHICAGO, ILLINOIS, ATTACHED TO YOUR CLAIM, SHOWS CHARGES PAID AS FOLLOWS: PACKING $15; HAULING TO STORAGE $40.60; LABOR INTO STORAGE $8; INSURANCE $4.50, AND STORAGE FROM MAY 24, 1951, TO NOVEMBER 24, 1951, $48, A TOTAL OF $116.10, FOR WHICH AMOUNT YOU CLAIM REIMBURSEMENT. BY SETTLEMENT DATED AUGUST 24, 1953, YOU WERE ALLOWED THE SUM OF $55.60 REPRESENTING THE COST OF PACKING AND HAULING YOUR HOUSEHOLD EFFECTS TO STORAGE.

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 SAID CAREER COMPENSATION ACT OF 1949, ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS, PARAGRAPH 8006-1A OF WHICH AUTHORIZES TEMPORARY STORAGE OF HOUSEHOLD EFFECTS, (1) AFTER PICKUP 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 A PROPERLY DESIGNATED AUTHORITY HAVING KNOWLEDGE OF THE FACTS BEYOND CONTROL OF THE OWNER OF THE EFFECTS UNDER WHICH THEY WERE STORED, WHICH CIRCUMSTANCES 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 INCIDENT TO YOUR ORDERS TO ACTIVE DUTY AND ASSIGNMENT TO DUTY ABOARD THE U.S.S. MELVIN R. NAWMAN (DE-416) WAS FROM RESIDENCE TO LOCAL STORAGE IN CHICAGO, ILLINOIS, IT IS CLEAR THAT NO PART OF THE STORAGE WAS INCIDENT TO ANY TRANSPORTATION OR SHIPMENT OF SUCH EFFECTS. HENCE, THERE IS NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED AS FOR TEMPORARY STORAGE FOR ANY PART OF THE STORAGE COST INCURRED BY YOU.

UNDER PARAGRAPH 8006-2A, JOINT TRAVEL REGULATIONS, A MEMBER UPON BEING ORDERED DIRECT TO SEA DUTY MAY APPLY FOR NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS AT AN INSTALLATION OF THE SERVICE CONCERNED. THE GRANTING OF SUCH A REQUEST DEPENDS UPON WHETHER FACILITIES ARE AVAILABLE. IT IS A SERVICE THAT MAY BE RENDERED IN KIND ONLY, AND WHERE THE EFFECTS ARE NOT IN FACT SO STORED, IRRESPECTIVE OF THE REASONS THEREFOR, THERE IS NO AUTHORITY FOR REIMBURSING A MEMBER FOR COMMERCIAL STORAGE COSTS CLAIMED ON THE BASIS THAT SUCH COSTS WOULD NOT HAVE BEEN INCURRED HAD GOVERNMENT STORAGE BEEN FURNISHED. ALSO, THERE IS NO AUTHORITY UNDER THE REGULATIONS FOR REIMBURSEMENT OF THE CHARGES FOR INSURANCE ON YOUR HOUSEHOLD EFFECTS.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 24, 1953, IS SUSTAINED.