B-121569, DEC 8, 1954

B-121569: Dec 8, 1954

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STUBBS: REFERENCE IS MADE TO YOUR LETTER POSTMARKED AUGUST 18. YOU WERE DETACHED FROM DUTY ABOARD THE U.S.S. BEING SHOWN THAT YOUR HOME OF RECORD AND PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY WAS COLUMBUS. YOUR HOUSEHOLD EFFECTS WERE PACKED. ONE CHEST WAS HAULED FROM THE NAVY PIER TO STORAGE IN SAN DIEGO ON MARCH 5. 380 POUNDS WERE REMOVED FROM STORAGE AND SHIPPED BY VAN FROM SAN DIEGO. YOUR CLAIM IS FOR REIMBURSEMENT OF STORAGE EXPENSES INCURRED BY YOU FROM JANUARY 14. YOU WERE ALLOWED $5.25 AS REIMBURSEMENT OF THE COST OF HAULING THE CHEST TO STORAGE IN SAN DIEGO. IT IS TO BE NOTED THAT THE STATUTORY AUTHORITY BASICALLY IS FOR TRANSPORTATION OF HOUSEHOLD EFFECTS OF MILITARY PERSONNEL TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED.

B-121569, DEC 8, 1954

PRECIS-UNAVAILABLE

MR. WILLIAM M. STUBBS:

REFERENCE IS MADE TO YOUR LETTER POSTMARKED AUGUST 18, 1954, REQUESTING REVIEW OF SETTLEMENT DATED MAY 28, 1954, ALLOWING $5.25 ON YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF CARTAGE OF ONE CHEST AND STORAGE OF HOUSEHOLD EFFECTS INCIDENT TO YOUR SERVICE AS A LIEUTENANT, UNITED STATES NAVAL RESERVE.

BY ORDERS DATED JANUARY 14, 1953, YOU WERE DETACHED FROM DUTY ABOARD THE U.S.S. LST 854 AND DIRECTED TO PROCEED TO THE UNITED STATES FOR TEMPORARY DUTY IN CONNECTION WITH YOUR SEPARATION PROCESSING. ENDORSEMENTS ON SUCH ORDERS SHOW THAT YOU REPORTED FOR SUCH PROCESSING AT SAN FRANCISCO, CALIFORNIA, ON MARCH 16, 1953, AND BEING SHOWN THAT YOUR HOME OF RECORD AND PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY WAS COLUMBUS, OHIO. IT APPEARS THAT BECAUSE OF A CHANGE IN THE LIVING ARRANGEMENTS OF YOUR FAMILY, YOUR HOUSEHOLD EFFECTS WERE PACKED, CRATED, AND HAULED FROM A RESIDENCE TO LOCAL STORAGE IN SAN DIEGO, CALIFORNIA, ON SEPTEMBER 30, 1952, WHERE THEY REMAINED UNTIL APRIL 30, 1953, AT PERSONAL EXPENSE. ALSO, ONE CHEST WAS HAULED FROM THE NAVY PIER TO STORAGE IN SAN DIEGO ON MARCH 5, 1953, AT PERSONAL EXPENSE OF $5.25, EXCLUSIVE OF TRANSPORTATION TAX. PURSUANT TO YOUR APPLICATION DATED APRIL 28, 1953, YOUR EFFECTS WEIGHING 4,380 POUNDS WERE REMOVED FROM STORAGE AND SHIPPED BY VAN FROM SAN DIEGO, CALIFORNIA, TO CLEVELAND, OHIO, ON GOVERNMENT BILL OF LADING NO. N-32323094, DATED APRIL 28, 1953, AT A COST TO THE GOVERNMENT OF $756.43, PAID ON VOUCHER NO. 216421, AUGUST 1953 ACCOUNTS OF FRITZ R. KAHN, WHICH INCLUDED TWO MONTHS' STORAGE IN TRANSIT AND HAULING FROM STORAGE TO RESIDENCE AT DESTINATION. YOUR CLAIM IS FOR REIMBURSEMENT OF STORAGE EXPENSES INCURRED BY YOU FROM JANUARY 14, 1953, THE DATE OF ISSUANCE OF YOUR RELEASE FROM ACTIVE DUTY ORDERS, TO APRIL 30, 1953, AND FOR HAULING ONE CHEST TO STORAGE ON MARCH 5, 1953, A TOTAL OF $89.28. SETTLEMENT DATED MAY 28, 1954, YOU WERE ALLOWED $5.25 AS REIMBURSEMENT OF THE COST OF HAULING THE CHEST TO STORAGE IN SAN DIEGO, ON MARCH 5, 1953.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED IN CONNECTION WITH A CHANGE OF STATION "TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS," TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. IT IS TO BE NOTED THAT THE STATUTORY AUTHORITY BASICALLY IS FOR TRANSPORTATION OF HOUSEHOLD EFFECTS OF MILITARY PERSONNEL TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, OR TO REIMBURSEMENT, ENUMERATING PARENTHETICALLY CERTAIN ITEMS OF EXPENSE ORDINARILY INCURRED INCIDENT TO THE SHIPMENT OF HOUSEHOLD EFFECTS SUCH AS CRATING, PACKING AND UNPACKING, AMONG WHICH IS "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. COMPARE 22 COMP. GEN. 478, 483.

SINCE FOR PERSONAL REASONS YOU ELECTED TO PLACE YOUR EFFECTS IN COMMERCIAL STORAGE IN SAN DIEGO ON SEPTEMBER 30, 1952, PRIOR TO THE ISSUANCE OF ORDERS DATED JANUARY 14, 1953, RELEASING YOU FROM ACTIVE DUTY, AND SINCE SUCH EFFECTS WERE SHIPPED PROMPTLY UPON YOUR REQUEST OF APRIL 28, 1953, FOLLOWING YOUR RELEASE FROM ACTIVE DUTY, IT IS CLEAR THAT NO TEMPORARY STORAGE IN SAN DIEGO WAS EITHER REQUIRED OR INCURRED IN CONNECTION WITH THE TRANSPORTATION OR SHIPMENT OF SUCH EFFECTS. HENCE, THERE IS NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED AS FOR TEMPORARY STORAGE ANY PART OF THE STORAGE COSTS INCURRED BY YOU. ACCORDINGLY, THE SETTLEMENT OF MAY 28, 1954, IS SUSTAINED.

CONCERNING YOUR REQUEST FOR THE RETURN OF YOUR ORIGINAL ORDERS, COPIES OF INVOICES AND CANCELLED CHECK, FURNISHED IN SUPPORT OF YOUR CLAIM, YOU ARE ADVISED THAT THE ORDERS ATTACHED TO YOUR CLAIM ARE COPIES AND NOT ORIGINALS, AND THAT SUCH PAPERS CONSTITUTE A PART OF YOUR CLAIM, WHICH HAS BEEN ACTED UPON BY THIS OFFICE, AND MAY NOT NOW BE RETURNED TO YOU.