B-121768, JAN 12, 1955

B-121768: Jan 12, 1955

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AB1: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 21. YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM CORPUS CHRISTI TO MINNEAPOLIS. IN YOUR PRESENT LETTER YOU STATE THAT YOUR WIFE WAS ILL AND THAT YOU WERE ADVISED YOU WOULD BE REIMBURSED FOR SIX MONTHS' STORAGE. SPECIFICALLLY PROVIDE THAT THE PAYMENT OF STORAGE CHARGES MUST BE SUPPORTED BY THE CERTIFICATE OF A PROPERLY DESIGNATED AUTHORITY THAT THE STORAGE WAS NECESSARY. ON THE BASIS OF THE PRESENT RECORD THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM AND THE SETTLEMENT OF SEPTEMBER 17.

B-121768, JAN 12, 1955

PRECIS-UNAVAILABLE

WARREN C. STIEREN, AB1:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 21, 1954, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF SEPTEMBER 17, 1954, WHICH DISALLOWED YOUR CLAIM FOR $28.45 REPRESENTING REIMBURSEMENT FOR THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS FROM MAY 7 TO NOVEMBER 6, 1953.

YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM CORPUS CHRISTI TO MINNEAPOLIS, MINNESOTA, ON APRIL 28, 1953, INCIDENT TO ORDERS DATED APRIL 21, 1953, TRANSFERRING YOU FROM NAVAL AUXILIARY AIR STATION, KINGSVILLE, TEXAS, TO NAVAL AIR STATION, MINNEAPOLIS, MINNESOTA, FOR DUTY NOT LATER THAN MAY 12, 1953. THE ORDERS AUTHORIZED 10 DAYS' LEAVE AND STATED THAT YOUR ADDRESS ON LEAVE WOULD BE 455 PIERCE STREET, MINNEAPOLIS, MINNESOTA. UPON ARRIVAL OF THE SHIPMENT YOU REMOVED CERTAIN ITEMS FOR IMMEDIATE USE AND ALLOWED THE REMAINDER TO REMAIN IN TEMPORARY COMMERCIAL STORAGE FOR SIX MONTHS. IN YOUR PRESENT LETTER YOU STATE THAT YOUR WIFE WAS ILL AND THAT YOU WERE ADVISED YOU WOULD BE REIMBURSED FOR SIX MONTHS' STORAGE.

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. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT STATUTE AUTHORIZE (PARAGRAPH 8006-1A) TEMPORARY STORAGE OF HOUSEHOLD EFFECTS WHEN NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION BECAUSE OF CONDITIONS BEYOND CONTROL OF THE OWNER SUCH AS DIRECTED SURRENDER OF QUARTERS, ARRIVAL OF SHIPMENT AT DESTINATION BEFORE ARRIVAL OF MEMBER, OR NONAVAILABILITY OF HOUSING AT DESTINATION, AND SPECIFICALLLY PROVIDE THAT THE PAYMENT OF STORAGE CHARGES MUST BE SUPPORTED BY THE CERTIFICATE OF A PROPERLY DESIGNATED AUTHORITY THAT THE STORAGE WAS NECESSARY. SUCH CERTIFICATE HAS NOT BEEN FURNISHED IN YOUR CASE AND IT DOES NOT APPEAR THAT IT PROPERLY COULD BE FURNISHED INASMUCH AS THE STORAGE AT DESTINATION DID NOT OCCUR UNDER CIRCUMSTANCES WITHIN THE SCOPE OF THE REGULATIONS (SUCH AS EARLY ARRIVAL OF THE SHIPMENT OR NONAVAILABILITY OF HOUSING).

ON THE BASIS OF THE PRESENT RECORD THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM AND THE SETTLEMENT OF SEPTEMBER 17, 1954, MUST BE SUSTAINED.