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B-117876, AUG 1, 1956

B-117876 Aug 01, 1956
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SECRETARY: REFERENCE IS MADE TO LETTER OF MARCH 14. REQUESTING A DECISION AS TO WHETHER TEMPORARY STORAGE OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS AUTHORIZED AT GOVERNMENT EXPENSE IN THE VARIOUS CIRCUMSTANCES SET FORTH IN THE ENCLOSED COPY OF LETTER DATED JANUARY 16. (2) WHILE SHIPMENT IS IN TRANSIT OR EN ROUTE AND STORAGE IS NOT FURNISHED FREE OF CHARGE BY THE CARRIER. IT SEEMS CLEAR THAT THE RECEIPT OF CHANGE OF STATION ORDERS OR MERE TRANSPORTATION OF A MEMBER'S EFFECTS FOLLOWING ORDERS TO MADE A PERMANENT CHANGE OF STATION IS NOT SUFFICIENT TO ENTITLE HIM TO TEMPORARY STORAGE OF HIS EFFECTS. IS MERELY A CONTINUATION OF STORAGE INTERRUPTED BY TRANSPORTATION FROM ONE PLACE OF STORAGE TO ANOTHER PLACE OF STORAGE AND.

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B-117876, AUG 1, 1956

PRECIS-UNAVAILABLE

MR. SECRETARY:

REFERENCE IS MADE TO LETTER OF MARCH 14, 1956, WITH ENCLOSURES, FROM THE ASSISTANT SECRETARY OF THE NAVY, PERSONNEL AND RESERVE FORCES, REQUESTING A DECISION AS TO WHETHER TEMPORARY STORAGE OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS AUTHORIZED AT GOVERNMENT EXPENSE IN THE VARIOUS CIRCUMSTANCES SET FORTH IN THE ENCLOSED COPY OF LETTER DATED JANUARY 16, 1956, FROM THE ASSISTANT CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS,

PARAGRAPH 8006-1A, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE MEMBER, SUCH TEMPORARY STORAGE TO ACCRUE (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 OR EN ROUTE AND STORAGE IS NOT FURNISHED FREE OF CHARGE BY THE CARRIER; AND (3) AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION STATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS. UNDER THIS PARAGRAPH OF THE REGULATIONS, IT SEEMS CLEAR THAT THE RECEIPT OF CHANGE OF STATION ORDERS OR MERE TRANSPORTATION OF A MEMBER'S EFFECTS FOLLOWING ORDERS TO MADE A PERMANENT CHANGE OF STATION IS NOT SUFFICIENT TO ENTITLE HIM TO TEMPORARY STORAGE OF HIS EFFECTS. THERE FIRST MUST ARISE A NECESSITY FOR TEMPORARY STORAGE ATTRIBUTABLE TO CONDITIONS, BEYOND CONTROL OF THE OWNER, PREVAILING DURING THE COURSE OF TRANSPORTING THE EFFECTS FROM QUARTERS AT THE OLD STATION, OR OTHER LOCATION, TO QUARTERS AT THE NEW STATION, OR OTHER DESTINATION. THE MOVEMENT OF EFFECTS FROM STORAGE AT THE OLD STATION, OR OTHER LOCATION, TO STORAGE AT THE NEW STATION, OR OTHER DESTINATION, IS MERELY A CONTINUATION OF STORAGE INTERRUPTED BY TRANSPORTATION FROM ONE PLACE OF STORAGE TO ANOTHER PLACE OF STORAGE AND, CONSEQUENTLY, COULD NOT BE CONSIDERED TEMPORARY STORAGE UNDER THE CONDITIONS CONTEMPLATED BY THE STATUTE AND APPLICABLE REGULATIONS.

THE QUESTIONS POSED BY THE ASSISTANT CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS, IN CONNECTION WITH OUR DECISION DATED APRIL 16, 1954, B 117876, 33 COMP. GEN. 470, ARE AS FOLLOWS:

(1) "WHERE HOUSEHOLD EFFECTS OF A MEMBER OF THE UNIFORMED SERVICES ARE SHIPPED, INCIDENT TO PERMANENT CHANGE OF STATION ORDERS, TO HIS NEW STATION OR OTHER DESTINATION AND THERE PLACED IN TEMPORARY STORAGE UNDER CONDITIONS NECESSITATING STORAGE, WOULD THE MERE FACT THAT THE MEMBER'S PROPERTY WAS LOCATED IN COMMERCIAL STORAGE RATHER THAN IN HIS QUARTERS WHEN PICKED UP FOR SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN DEFEAT THE MEMBER'S ENTITLEMENT TO TEMPORARY STORAGE AT DESTINATION?"

THE MERE FACT THAT THE EFFECTS OF A MEMBER WERE IN COMMERCIAL STORAGE RATHER THAN IN QUARTERS WHEN PICKED UP FOR SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN WOULD NOT DEFEAT THE MEMBER'S ENTITLEMENT TO TEMPORARY STORAGE AT DESTINATION IF SUCH STORAGE BECAME NECESSARY BECAUSE OF CONDITIONS BEYOND CONTROL OF THE OWNER.

(2) "WHERE HOUSEHOLD EFFECTS OF A MEMBER OF THE UNIFORMED SERVICES ARE LOCATED IN COMMERCIAL STORAGE RATHER THAN IN HIS QUARTERS WHEN HE RECEIVES PERMANENT CHANGE OF STATION ORDERS, IS THE MEMBER ENTITLED TO TEMPORARY STORAGE AT ORIGIN, IF OTHERWISE INCIDENT TO SHIPMENT OF HIS HOUSEHOLD EFFECTS TO HIS NEW STATION OR OTHER DESTINATION?"

WHEN A MEMBER'S HOUSEHOLD EFFECTS ARE ALREADY IN COMMERCIAL STORAGE AT THE TIME HE RECEIVES CHANGE OF STATION ORDERS AND HIS EFFECTS ARE SHIPPED PROMPTLY UPON HIS REQUEST TO HIS NEW STATION OR OTHER DESTINATION, IT SEEMS CLEAR THAT NO PART OF THE STORAGE OF THE EFFECTS AT ORIGIN COULD BE CONSIDERED AS INCIDENT TO THE TRANSPORTATION, OR SHIPMENT, WITHIN THE MEANING OF THE APPLICABLE STATUTE AND REGULATIONS.

(3) "WHERE HOUSEHOLD EFFECTS OF A MEMBER OF THE UNIFORMED SERVICES ARE PLACED IN TEMPORARY STORAGE AT ORIGIN, INCIDENT TO PERMANENT CHANGE OF STATION ORDERS, AND UNDER CONDITIONS WHICH PROPERLY MAY BE CERTIFIED BY APPROPRIATE AUTHORITY HAVING KNOWLEDGE OF THE FACTS ENTITLING THE MEMBER TO SUCH STORAGE AT GOVERNMENT EXPENSE, IS THE MEMBER'S ENTITLEMENT TO SUCH STORAGE DEFEATED WHEN SHIPMENT IS NOT MADE TO THE PREDETERMINED DESTINATION BUT IS MADE INSTEAD TO A DIFFERENT DESTINATION, AFTER RECEIPT OF NEW PERMANENT CHANGE OF STATION ORDERS ISSUED DURING THE SIX-MONTH MAXIMUM PERIOD OF TEMPORARY STORAGE AUTHORIZED BY THE REGULATIONS?"

WHEN EFFECTS HAVE BEEN PLACED IN STORAGE AT ORIGIN PENDING SHIPMENT INCIDENT TO PERMANENT CHANGE OF STATION ORDERS, UNDER CONDITIONS WHICH PROPERLY MAY BE CERTIFIED BY APPROPRIATE AUTHORITY HAVING KNOWLEDGE OF THE FACTS AS ENTITLING THE OWNER TO SUCH STORAGE, BUT SHIPMENT IS NOT MADE TO THE PREDETERMINED DESTINATION BECAUSE NEW PERMANENT CHANGE OF STATION ORDERS ARE ISSUED INCIDENT TO WHICH SHIPMENT IS MADE TO A DIFFERENT DESTINATION, HE WOULD BE ENTITLED TO TEMPORARY STORAGE UNDER THE INITIAL ORDERS, AND ALSO TO ANY NECESSARY TEMPORARY STORAGE INCIDENT TO SHIPMENT UNDER THE NEW CHANGE OF STATION ORDERS. YOUR QUESTIONS ARE ANSWERED ACCORDINGLY.

HOUSEHOLD EFFECTS WHICH ARE PERMITTED TO REMAIN IN STORAGE INDEFINITELY, EVEN THOUGH SHIPPED IN THE INTERIM FROM ONE PLACE OF STORAGE TO ANOTHER, MUST BE REGARDED AS IN NONTEMPORARY STORAGE, NOTWITHSTANDING THE FACT THAT THE STORAGE AT ONE POINT MAY HAVE BEEN NOT LONGER THAN SIX MONTHS, THE MAXIMUM PERIOD OF TEMPORARY STORAGE PRESCRIBED BY REGULATIONS. HENCE, WITH RESPECT TO THE NOTICES OF EXCEPTION REFERRED TO IN THE LETTER OF THE NAVAL SUPPLY CENTER, NORFOLK, VIRGINIA, DATED DECEMBER 5, 1955, THE EXCEPTIONS TO VOUCHERS 36782 AND 94130 IN THE APRIL AND JUNE 1954 ACCOUNTS OF B. H. JONES IN THE CASES OF ROBERT E. O'HARA AND FRANK H. PATTERSON WILL BE CONTINUED PENDING RECEIPT OF EVIDENCE OF COLLECTION BY CHECK AGE. THE EXCEPTION 69479, MAY 1954 ACCOUNTS OF B. H. JONES, HAS BEEN REMOVED SINCE IT HAS NOW BEEN SHOWN THAT THE STORAGE AT NORFOLK, VIRGINIA WAS DURING A PERIOD OF TEMPORARY DUTY AT BRUNSWICK, GEORGIA, ON ROUTE FROM CHINA LAKE, CALIFORNIA, TO DUTY AT NORFOLK, AND THAT THE EFFECTS WERE REMOVED FROM STORAGE IN KEY WEST, FLORIDA, A FEW DAYS AFTER BEING SHIPPED THERE FROM NORFOLK INCIDENT TO LIEUTENANT GORDON'S CHANGE OF DUTY ASSIGNMENT FROM NORFOLK TO KEY WEST.

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