B-120071, JUN 4, 1954

B-120071: Jun 4, 1954

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USNR: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 23. IT APPEARS THAT YOUR HOUSEHOLD GOODS WERE PLACED IN COMMERCIAL STORAGE AT YOUR HOME CITY OF AUSTIN AFTER YOU REPORTED AT THE NAVAL SCHOOL. IT IS SHOWN THAT YOU RETURNED TO THE UNITED STATES PURSUANT TO ORDERS OF APRIL 6. ASSIGNING YOU TO DUTY AT YOUR PRESENT STATION AND YOU STATE THAT YOUR HOUSEHOLD GOODS WERE SHIPPED FROM STORAGE IN AUSTIN TO BOSTON AFTER YOU REPORTED FOR DUTY AT THE LATTER PLACE. REGULATIONS GOVERNING TEMPORARY STORAGE OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IN COMMERCIAL WAREHOUSES FOR PERIODS NOT IN EXCESS OF SIX MONTHS ARE CONTAINED IN PARAGRAPH 8006-1 OF THE JOINT TRAVEL REGULATIONS. SUCH REGULATIONS HAVE NO BEARING ON YOUR CLAIM SINCE THE STORAGE THERE AUTHORIZED IS THAT WHICH IS FOUND NECESSARY AFTER HOUSEHOLD GOODS HAVE BEEN PICKED UP FOR SHIPMENT TO AN OFFICER'S NEW STATION.

B-120071, JUN 4, 1954

PRECIS-UNAVAILABLE

LIEUTENANT COMMANDER ROBERT E. BECK, USNR:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 23, 1954, REQUESTING REVIEW OF THAT PART OF SETTLEMENT DATED APRIL 16, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF STORAGE CHARGES PAID BY YOU IN CONNECTION WITH THE STORAGE OF YOUR HOUSEHOLD GOODS AT AUSTIN, TEXAS, DURING THE PERIOD NOVEMBER 12, 1951, TO MAY 12, 1953.

IT APPEARS THAT YOUR HOUSEHOLD GOODS WERE PLACED IN COMMERCIAL STORAGE AT YOUR HOME CITY OF AUSTIN AFTER YOU REPORTED AT THE NAVAL SCHOOL, GENERAL LINE, MONTEREY, CALIFORNIA, FOR TEMPORARY DUTY UNDER INSTRUCTION FOR A PERIOD OF ABOUT 12 WEEKS PENDING FURTHER ASSIGNMENT BY THE BUREAU OF NAVAL PERSONNEL, AS DIRECTED IN ACTIVE DUTY ORDERS OF AUGUST 13, 1951. ORDERS OF DECEMBER 18, 1951, ISSUED AT SUCH SCHOOL, DIRECTED YOU TO PROCEED TO PHARAN, SAUDI ARABIA, AND REPORT FOR DUTY. IT IS SHOWN THAT YOU RETURNED TO THE UNITED STATES PURSUANT TO ORDERS OF APRIL 6, 1953, ASSIGNING YOU TO DUTY AT YOUR PRESENT STATION AND YOU STATE THAT YOUR HOUSEHOLD GOODS WERE SHIPPED FROM STORAGE IN AUSTIN TO BOSTON AFTER YOU REPORTED FOR DUTY AT THE LATTER PLACE.

REGULATIONS GOVERNING TEMPORARY STORAGE OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IN COMMERCIAL WAREHOUSES FOR PERIODS NOT IN EXCESS OF SIX MONTHS ARE CONTAINED IN PARAGRAPH 8006-1 OF THE JOINT TRAVEL REGULATIONS. SUCH REGULATIONS HAVE NO BEARING ON YOUR CLAIM SINCE THE STORAGE THERE AUTHORIZED IS THAT WHICH IS FOUND NECESSARY AFTER HOUSEHOLD GOODS HAVE BEEN PICKED UP FOR SHIPMENT TO AN OFFICER'S NEW STATION, A SITUATION WHICH DID NOT ARISE IN THIS CASE. THE REGULATIONS TO WHICH YOU REFER - CONTAINED IN THE JOINT TRAVEL REGULATIONS RATHER THAN IN THE BUREAU OF NAVAL PERSONNEL MANUAL - DO NOT AUTHORIZE STORAGE IN COMMERCIAL WAREHOUSES AT GOVERNMENT EXPENSE. PARAGRAPH 8006-2A OF SUCH REGULATIONS STATES THAT MEMBERS MAY APPLY FOR NONTEMPORARY STORAGE OF THEIR HOUSEHOLD GOODS "AT AN INSTALLATION OF THE SERVICE CONCERNED" UNDER THE CIRCUMSTANCES THERE STATED AND IT IS PROVIDED THAT THE GRANTING OF SUCH REQUEST WILL DEPEND UPON WHETHER SUCH FACILITIES ARE AVAILABLE. THE PERIOD OF STORAGE IS FOR ONE YEAR. WHILE PARAGRAPHS 8007-5 AND 6, JOINT TRAVEL REGULATIONS, PROVIDE THAT WHEN A MEMBER IS ORDERED TO TEMPORARY DUTY PENDING ASSIGNMENT ABROAD OR WHEN HE IS ORDERED TO TEMPORARY DUTY FROM A PERMANENT STATION WITHOUT RETURN TO SUCH STATION, HIS HOUSEHOLD GOODS MAY BE PACKED, DRAYED AND PLACED IN STORAGE, THE PLACE OF STORAGE IS THE "FACILITIES OF THE SERVICE CONCERNED," AS PROVIDED IN PARAGRAPH 8006-2. IF SUCH FACILITIES ARE NOT AVAILABLE, THERE IS NO AUTHORITY FOR STORAGE IN COMMERCIAL FACILITIES AT GOVERNMENT EXPENSE.

THE PROVISIONS OF PARAGRAPH 8009-4B OF SUCH REGULATIONS, IN EFFECT IN DECEMBER 1951, DID NOT MENTION MOVEMENT TO PLACE OF STORAGE UPON ASSIGNMENT OF MEMBERS TO DUTY OVERSEAS WHERE THEIR DEPENDENTS WERE NOT PERMITTED TO ACCOMPANY THEM. WHILE PARAGRAPH 8009-4B(2) OF THE CURRENT REGULATIONS, AUTHORIZES SHIPMENT TO STORAGE UNDER SUCH CIRCUMSTANCES, THE PLACE OF STORAGE IS THE "NEAREST AVAILABLE NON-TEMPORARY STORAGE" I.E., GOVERNMENT STORAGE FACILITIES.

THERE BEING NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM THE SETTLEMENT OF APRIL 16, 1954, IS SUSTAINED.