B-121073, APR 12, 1955

B-121073: Apr 12, 1955

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USN: REFERENCE IS MADE TO YOUR LETTER OF JUNE 14. YOU WERE DETACHED FROM DUTY AT CORPUS CHRISTI. YOU WERE ADVISED BY DISPATCH FROM PORT LYAUTEY DATED MARCH 18. THAT NO QUARTERS WERE IMMEDIATELY AVAILABLE FOR YOUR DEPENDENTS. IN WHICH HE SAYS THAT NO DEFINITE WAITING PERIOD REGARDING THE OBTAINING OF SUITABLE HOUSING HAD BEEN FIXED SINCE THE MISSION OF THE BOARD WAS MERELY TO INSPECT A DWELLING AFTER IT HAD BEEN BROUGHT TO THE BOARD'S ATTENTION BY THE INDIVIDUAL CONCERNED AND TO SET A FAIR RENTAL ON THE PREMISES. HE ALSO SAID THAT THERE WERE MANY CASES WHERE A PERIOD OF MORE THAN 20 WEEKS WAS REQUIRED BEFORE A MAN FOUND ADEQUATE LIVING FACILITIES. THAT IN YOUR CASE A WAITING PERIOD GREATER THAN 20 WEEKS WOULD BE INDICATED AS YOU HAD FIVE CHILDREN AND ADEQUATE LIVING FACILITIES FOR A FAMILY OF THAT SIZE WERE PRACTICALLY NON EXISTENT AT THE TIME INVOLVED.

B-121073, APR 12, 1955

PRECIS-UNAVAILABLE

LIEUTENANT WILLIAM F. BEATTY, USN:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 14, 1954, REQUESTING REVIEW OF SETTLEMENT DATED MAY 18, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM ATLANTIC CITY, NEWJERSEY, TO CASABLANCA, FRENCH MOROCCO.

BY ORDERS DATED MARCH 4, 1953, YOU WERE DETACHED FROM DUTY AT CORPUS CHRISTI, TEXAS, AND DIRECTED TO PROCEED TO WASHINGTON, D. C., FOR TRANSPORTATION TO PORT LYAUTEY, FRENCH MOROCCO, AND UPON ARRIVAL TO REPORT TO THE COMMANDING OFFICER, NAVAL AIR FACILITY, FOR DUTY. IN RESPONSE TO A REQUEST WHETHER YOUR DEPENDENTS COULD ACCOMPANY YOU TO FRENCH MOROCCO, YOU WERE ADVISED BY DISPATCH FROM PORT LYAUTEY DATED MARCH 18, 1953, THAT NO QUARTERS WERE IMMEDIATELY AVAILABLE FOR YOUR DEPENDENTS, BUT THAT UPON REPORTING AND OBTAINING SUITABLE HOUSING A REQUEST FOR ENTRY OF DEPENDENTS WOULD BE APPROVED. IN FURTHER EXPLANATION OF SUCH DISPATCH, YOU SUBMIT A STATEMENT BY THE SENIOR MEMBER, OFF-STATION HOUSING BOARD AT PORT LYAUTEY, DATED APRIL 12, 1954, IN WHICH HE SAYS THAT NO DEFINITE WAITING PERIOD REGARDING THE OBTAINING OF SUITABLE HOUSING HAD BEEN FIXED SINCE THE MISSION OF THE BOARD WAS MERELY TO INSPECT A DWELLING AFTER IT HAD BEEN BROUGHT TO THE BOARD'S ATTENTION BY THE INDIVIDUAL CONCERNED AND TO SET A FAIR RENTAL ON THE PREMISES. HE ALSO SAID THAT THERE WERE MANY CASES WHERE A PERIOD OF MORE THAN 20 WEEKS WAS REQUIRED BEFORE A MAN FOUND ADEQUATE LIVING FACILITIES, AND THAT IN YOUR CASE A WAITING PERIOD GREATER THAN 20 WEEKS WOULD BE INDICATED AS YOU HAD FIVE CHILDREN AND ADEQUATE LIVING FACILITIES FOR A FAMILY OF THAT SIZE WERE PRACTICALLY NON EXISTENT AT THE TIME INVOLVED.

ON MARCH 24, 1953, YOU MADE APPLICATION FOR TRANSPORTATION OF HOUSEHOLD GOODS FROM CORPUS CHRISTI TO 27 SOUTH DOVER AVENUE, ATLANTIC CITY, NEW JERSEY, UNDER YOUR ORDERS OF MARCH 4, 1953, AND THE GOODS WERE SHIPPED TO ATLANTIC CITY ON A GOVERNMENT BILL OF LADING. UPON ARRIVAL OF THE GOODS, YOU REQUESTED THAT THEY BE PLACED IN TEMPORARY STORAGE PENDING FURTHER SHIPMENT TO YOUR OVERSEAS STATION, AND THE GOODS WERE PLACED IN STORAGE AT ELDRIDGE STORAGE. YOU SAY THAT AFTER OBTAINING HOUSING AT YOUR NEW STATION YOU REQUESTED THE NAVY TO SHIP YOUR HOUSEHOLD GOODS FROM ATLANTIC CITY, BUT THAT SUCH REQUEST WAS REFUSED ON THE BASIS THAT YOU HAD EXHAUSTED YOUR SHIPPING RIGHTS UNDER THE ORDERS OF MARCH 4, 1953. YOUR GOODS WERE THEN PACKED AND CRATED FOR OVERSEAS SHIPMENT, HAULED BY PENNSYLVANIA TRANSFER COMPANY OF PHILADELPHIA, INC., TO PHILADELPHIA, PENNSYLVANIA, AND SHIPPED BY JOHN A. STEER COMPANY, VIA OCEAN FREIGHT, TO CASABLANCA AT PERSONAL EXPENSE. ON JULY 10, 1953, THE NAVY PAID FOR THE TEMPORARY STORAGE OF YOUR GOODS IN ATLANTIC CITY FOR THE PERIOD APRIL 13 TO MAY 27, 1953, IN THE AMOUNT OF $21.60. THE ENTRY OF YOUR DEPENDENTS TO YOUR OVERSEAS STATION WAS APPROVED BY DISPATCH DATED JUNE 10, 1953.

PARAGRAPH 8009-4B(2), JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN A MEMBER IS ORDERED TO AN OVERSEAS STATION AND SHIPMENT OF HOUSEHOLD GOODS TO SUCH OVERSEAS STATION IS PROHIBITED OR WHEN, DUE TO MILITARY RESTRICTIONS, IT IS ANTICIPATED THAT DEPEDENTS WILL NOT BE PERMITTED TO JOIN HIM WITHIN 20 WEEKS, SHIPMENT IS AUTHORIZED TO THE NEAREST AVAILABLE NON-TEMPORARY STORAGE OR TO SUCH LOCATION WITHIN THE UNITED STATES AS MAY BE DESIGNATED BY THE MEMBER CONCERNED. IT IS ALSO PROVIDED THAT UPON SUBSEQUENT ISSUANCE OF AUTHORITY FOR MOVEMENT OF HOUSEHOLD GOODS OR TRAVEL OF DEPENDENTS TO THE OVERSEAS STATION, SHIPMENT IS AUTHORIZED FROM THE STORAGE PLACE TO THE UNRESTRICTED OVERSEAS DUTY STATION OR FROM THE DESIGNATED LOCATION TO THE OVERSEAS DUTY STATION. PARAGRAPH 8054-1 OF THE REGULATIONS PROVIDES THAT WHEN SPACE ON A GOVERNMENT VESSEL IS NOT AVAILABLE, HOUSEHOLD GOODS WITHIN THE PRESCRIBED WEIGHT ALLOWANCE MAY BE SHIPPED AT GOVERNMENT EXPENSE BY COMMERCIAL VESSEL, AND PARAGRAPH 8150-4 PROVIDES THAT REIMBURSEMENT TO MEMBERS FOR HOUSEHOLD GOODS SHIPPED AT THEIR PERSONAL EXPENSE WILL BE MADE ON THE BASIS OF COST HAD SHIPMENT BEEN MADE BY A SHIPPING OFFICER.

THE RECORD ESTABLISHES THAT AT THE TIME OF YOUR PERMANENT CHANGE OF STATION IT COULD REASONABLY BE ANTICIPATED THAT YOUR DEPENDENTS WOULD NOT BE PERMITTED TO JOIN YOU WITHIN 20 WEEKS, AND SHIPMENT TO ATLANTIC CITY AS TO A DESIGNATED PLACE - AS DISTINGUISHED FROM SHIPMENT TO TEMPORARY STORAGE - WAS THEREFORE AUTHORIZED UNDER THE APPLICABLE REGULATIONS PENDING REMOVAL OF THE RESTRICTION ON TRAVEL OF DEPENDENTS TO YOUR OVERSEAS STATION. IN VIEW OF THE APPARENT ADMINISTRATIVE MISUNDERSTANDING CONCERNING YOUR SHIPPING RIGHTS FROM ATLANTIC CITY TO YOUR OVERSEAS STATION, IT MAY BE CONCLUDED THAT SPACE ON A GOVERNMENT VESSEL WAS NOT AVAILABLE FOR SHIPMENT OF YOUR HOUSEHOLD GOODS UNDER THE ORDERS OF MARCH 4, 1953. ACCORDINGLY, YOU ARE ENTITLED TO REIMBURSEMENT OF THE COST OF PACKING AND CRATING YOUR EFFECTS FOR OVERSEAS SHIPMENT AND FOR HAULING FROM ATLANTIC CITY TO PHILADELPHIA, NOT TO EXCEED THE COST IF THAT SERVICE HAD BEEN PROVIDED BY THE GOVERNMENT THROUGH A SHIPPING OFFICER, PLUS THE COST OF OCEAN SHIPMENT TO CASABLANCA AT GOVERNMENT EXPENSE BY COMMERCIAL VESSEL, LESS THE COST OF THE TEMPORARY STORAGE AT ATLANTIC CITY WHICH HAS BEEN PAID BY THE GOVERNMENT. A SETTLEMENT FOR THE AMOUNT FOUND TO BE DUE ON THIS BASIS WILL ISSUE IN YOUR FAVOR IN DUE COURSE.