B-118256, FEB 11, 1954

B-118256: Feb 11, 1954

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WILAUER: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 4. YOU WERE ORDERED FROM TEMPORARY DUTY UNDER INSTRUCTION AT THE UNITED STATES NAVAL CIC TEAM TRAINING CENTER. WERE HAULED FROM YOUR RESIDENCE IN INDIANA. YOUR HOUSEHOLD EFFECTS WERE REMOVED FROM STORAGE AND SHIPPED UNDER SUBSEQUENT CHANGE OF STATION ORDERS TO A NEW DUTY STATION. IT IS TO BE NOTED THAT THE ABOVE CITED ACT PROVIDES ONLY THAT. AMONG WHICH IS INCLUDED "TEMPORARY STORAGE.". IT IS EVIDENT THAT THE CONGRESS INTENDED THAT TEMPORARY STORAGE SHOULD BE FURNISHED ONLY WHEN NECESSARY AS INCIDENT TO A SHIPMENT CURRENTLY IN PROCESS OR IN IMMEDIATE PROSPECT. ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. (2) WHILE SHIPMENT IS IN TRANSIT.

B-118256, FEB 11, 1954

PRECIS-UNAVAILABLE

LIEUTENANT PAUL A. WILAUER:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 4, 1953, REQUESTING REVIEW OF SETTLEMENT DATED SEPTEMBER 9, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS DURING THE PERIOD AUGUST 15, 1951, TO FEBRUARY 15, 1952, INCIDENT TO YOUR SERVICE AS AN ENSIGN, UNITED NAVAL RESERVE.

BY ORDERS DATED JULY 27, 1951, YOU WERE ORDERED FROM TEMPORARY DUTY UNDER INSTRUCTION AT THE UNITED STATES NAVAL CIC TEAM TRAINING CENTER, BOSTON, MASSAEHUSETTS TO TEMPORARY DUTY UNDER INSTRUCTION FOR ABOUT TWO WEEKS WITH THE AMPHIBIOUS TRAINING COMMAND, PACIFIC FLEET, AND THENCE TO DUTY ON BOARD THE U. S. S. NOBLE, (APA-218). YOU REPORTED FOR DUTY ABOARD THAT VESSEL AT SAN DIEGO, CALIFORNIA, ON SEPTEMBER 1, 1951. IT APPEARS THAT YOUR HOUSEHOLD EFFECTS, WEIGHING 3,500 POUNDS, WERE HAULED FROM YOUR RESIDENCE IN INDIANA, PENNSYLVANIA, TO COMMERCIAL STORAGE IN THAT CITY ON AUGUST 15, 1951, AT PERSONAL EXPENSE. A RECEIPT FROM MCHAUGHTON BROS., INDIANA, PENNSYLVANIA, ATTACHED TO YOUR CLAIM, SHOWS CHARGES PAID AS FOLLOWS: HAULING TO STORAGE, $20.25; TRANSPORTATION TAX, $0.61; PACKING, $40.25; CARTAGE, ETC., IN STORAGE, $8.75; AND STORAGE FROM AUGUST 15, 1951, TO FEBRUARY 15, 1952, $52.50, A TOTAL OF $122.36 FOR WHICH YOU CLAIMED REIMBURSEMENT. THE SETTLEMENT OF SEPTEMBER 9, 1953, ALLOWED YOU THE SUM OF $60.50, REPRESENTING REIMBURSEMENT FOR THE COST OF PACKING AND HAULING YOUR HOUSEHOLD EFFECTS TO STORAGE. IT FURTHER APPEARS THAT SOMETIME AFTER SEPTEMBER 1952, YOUR HOUSEHOLD EFFECTS WERE REMOVED FROM STORAGE AND SHIPPED UNDER SUBSEQUENT CHANGE OF STATION ORDERS TO A NEW DUTY STATION.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF STATION SHALL BE ENTITLED TO "TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR," TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES 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 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 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 REGULATION, 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 STATES 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 WHICH GIVE RISE TO THE STORAGE, WHICH 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 INITIAL MOVEMENT OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR ORDERS OF JULY 27, 1951, WAS FROM RESIDENCE TO LOCAL STORAGE IN INDIANA, PENNSYLVANIA, AND AS SUCH EFFECTS WERE SHIPPED AFTER BEING IN LOCAL STORAGE FOR MORE THAN A YEAR UNDER SUBSEQUENT ORDERS AS TO WHICH THERE APPEARS TO HAVE BEEN NO DELAY, NO PART OF THE STORAGE WAS INCIDENT TO ANY TRANSPORTATION OR SHIPMENT OF SUCH EFFECTS WITHIN THE MEANING OF THE APPLICABLE STATUTE AND REGULATIONS ISSUED PURSUANT THERETO. HENCE, THERE IS NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED FOR ANY PART OF THE STORAGE COSTS INCURRED BY YOU.

ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 9, 1953, WAS CORRECT AND IS SUSTAINED.