B-119797, JUN 7, 1954

B-119797: Jun 7, 1954

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USNR: REFERENCE IS MADE TO YOUR LETTER OF MARCH 29. YOU WERE ORDERED TO ACTIVE DUTY AND. WERE DIRECTED TO PROCEED TO NAVAL AIR STATION. AT THE TIME THE ORDERS WERE ISSUED YOUR HOUSEHOLD EFFECTS WERE IN COMMERCIAL STORAGE IN SAN FRANCISCO. AT WHICH TIME THEY WERE REMOVED FOR SHIPMENT TO SAN DIEGO. HAULING AND STORAGE OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES AT PUBLIC EXPENSE WAS GOVERNED BY EXECUTIVE ORDER 10053. (B) WHILE SHIPMENT IS IN TRANSIT AND STORAGE IS NOT FURNISHED FREE OF CHARGE BY THE CARRIER. SIMILAR PROVISIONS ARE CONTAINED IN PARAGRAPH 8006. THE REIMBURSEMENT AUTHORIZED FOR STORAGE UNDER BOTH THE EXECUTIVE ORDER AND JOINT TRAVEL REGULATIONS IS LIMITED TO THE COST OF TEMPORARY STORAGE NECESSARILY PROCURED AT PERSONAL EXPENSE IN CONNECTION WITH AN ACTUAL SHIPMENT OF HOUSEHOLD EFFECTS PURSUANT TO CHANGE OF STATION ORDERS.

B-119797, JUN 7, 1954

PRECIS-UNAVAILABLE

LIEUTENANT HENRY G. WILLIAMS, USNR:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 29, 1954, REQUESTING REVIEW OF THE SETTLEMENT OF MARCH 12, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR SIX MONTHS' COMMERCIAL STORAGE OF YOUR HOUSEHOLD EFFECTS NOVEMBER 18, 1950, TO MAY 18, 1951.

BY ORDERS DATED AUGUST 18, 1950, ADDRESSED TO YOU AT YOUR HOME, KANSAS CITY, MISSOURI, YOU WERE ORDERED TO ACTIVE DUTY AND, IF FOUND PHYSICALLY QUALIFIED, WERE DIRECTED TO PROCEED TO NAVAL AIR STATION, ALAMEDA, CALIFORNIA, FOR TEMPORARY DUTY IN CONNECTION WITH REACTIVATION OF THE U S S BAIROKO CVR-115 AND FOR DUTY ABOARD THAT VESSEL WHEN PLACED IN COMMISSION. ENDORSEMENTS ON THE ORDERS SHOW THAT YOU REPORTED FOR THE TEMPORARY DUTY ON AUGUST 26, 1950, AND ABOARD THE VESSEL FOR DUTY ON SEPTEMBER 12, 1950. AT THE TIME THE ORDERS WERE ISSUED YOUR HOUSEHOLD EFFECTS WERE IN COMMERCIAL STORAGE IN SAN FRANCISCO, CALIFORNIA, HAVING BEEN THERE SINCE JANUARY 20, 1950. THEY REMAINED IN SUCH STORAGE UNTIL MAY 24, 1951, AT WHICH TIME THEY WERE REMOVED FOR SHIPMENT TO SAN DIEGO, CALIFORNIA.

PRIOR TO MARCH 31, 1951, THE PACKING, CRATING, HAULING AND STORAGE OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES AT PUBLIC EXPENSE WAS GOVERNED BY EXECUTIVE ORDER 10053, DATED APRIL 20, 1949. PARAGRAPH 7 OF SAID ORDER PROVIDES THAT WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION TEMPORARY STORAGE NOT TO EXCEED SIX MONTHS MAY BE AUTHORIZED WHEN NECESSARY DUE TO CONDITIONS BEYOND CONTROL OF THE OWNER PROVIDED THAT THE STORAGE OCCURS (A) AFTER PICKUP OF PROPERTY AT QUARTERS AND BEFORE SHIPMENT FROM CARRIER'S STATION AT ORIGIN, (B) WHILE SHIPMENT IS IN TRANSIT AND STORAGE IS NOT FURNISHED FREE OF CHARGE BY THE CARRIER, OR (C) AFTER ARRIVAL OF SHIPMENT AT DESTINATION AND BEFORE DELIVERY INTO QUARTERS. SIMILAR PROVISIONS ARE CONTAINED IN PARAGRAPH 8006, JOINT TRAVEL REGULATIONS, EFFECTIVE APRIL 1, 1951, PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. THE REIMBURSEMENT AUTHORIZED FOR STORAGE UNDER BOTH THE EXECUTIVE ORDER AND JOINT TRAVEL REGULATIONS IS LIMITED TO THE COST OF TEMPORARY STORAGE NECESSARILY PROCURED AT PERSONAL EXPENSE IN CONNECTION WITH AN ACTUAL SHIPMENT OF HOUSEHOLD EFFECTS PURSUANT TO CHANGE OF STATION ORDERS. SINCE YOUR HOUSEHOLD EFFECTS WERE IN NON-TEMPORARY STORAGE AT SAN FRANCISCO, CALIFORNIA, LONG BEFORE YOU WERE ORDERED TO ACTIVE DUTY AND REMAINED THERE UNTIL YOU WERE READY TO HAVE THEM SHIPPED TO SAN DIEGO, CALIFORNIA, NO PART OF SUCH EXTENDED PERIOD OF COMMERCIAL STORAGE MAY BE REGARDED AS TEMPORARY STORAGE WITHIN THE MEANING OF APPLICABLE LAW AND REGULATIONS. HENCE, THERE IS NO LEGAL BASIS FOR PAYMENT OF YOUR CLAIM IRRESPECTIVE OF ANY ADVICE TO THE CONTRARY WHICH YOU MAY HAVE RECEIVED.

THEREFORE, THE SETTLEMENT OF MARCH 12, 1954, IS SUSTAINED.