B-122399, DEC. 28, 1955

B-122399: Dec 28, 1955

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USN: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 6. YOU WERE DETACHED FROM DUTY AT WASHINGTON. YOU WERE DETACHED FROM DUTY AS COMMANDING OFFICER OF THE U.S.S. 268 POUNDS WAS HAULED FROM YOUR RESIDENCE IN ALEXANDRIA. THE EFFECTS REMAINED IN STORAGE UNTIL AFTER YOU WERE DETACHED FROM DUTY ABOARD THE U.S.S. THEN WERE HAULED FROM STORAGE TO RESIDENCE IN ALEXANDRIA. YOUR CLAIM FOR REFUND OF SUCH AMOUNT WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 25. IT APPEARS THAT THE EFFECTS WERE NOT MERELY PLACED IN STORAGE PENDING SUCH DISPOSITION AS YOU MIGHT DESIRE. THAT THEY WERE PLACED IN STORAGE PENDING SHIPMENT TO THE WEST COAST INCIDENT TO YOUR ORDERS OF MARCH 28. THE SHIPMENT TO THE WEST COAST WAS NOT EFFECTED BECAUSE OF YOUR PERMANENT CHANGE OF STATION BACK TO YOUR OLD DUTY STATION.

B-122399, DEC. 28, 1955

TO CAPTAIN RAY R. CONNER, USN:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 6, 1955, AND PRIOR CORRESPONDENCE REQUESTING REVIEW OF SETTLEMENT DATED OCTOBER 25, 1954, WHICH DISALLOWED YOUR CLAIM FOR $294.43 REFUNDED BY YOU TO THE GOVERNMENT FOR STORAGE OF YOUR HOUSEHOLD EFFECTS IN WASHINGTON, D.C., INCIDENT TO ORDERS DATED MARCH 28, 1952.

BY ORDERS DATED MARCH 28, 1952, AS MODIFIED, YOU WERE DETACHED FROM DUTY AT WASHINGTON, D.C., AND ASSIGNED TO DUTY ABOARD THE U.S.S. ALGOL (AKA 54). YOU REPORTED FOR DUTY ABOARD THAT VESSEL ON JULY 25, 1952. ORDERS DATED FEBRUARY 12, 1953, YOU WERE DETACHED FROM DUTY AS COMMANDING OFFICER OF THE U.S.S. ALGOL (AKA 54) AND AGAIN ASSIGNED TO DUTY AT WASHINGTON, D.C. PURSUANT TO YOUR APPLICATION DATED DECEMBER 1, 1952, ONE LOT OF YOUR HOUSEHOLD EFFECTS WEIGHING 12,268 POUNDS WAS HAULED FROM YOUR RESIDENCE IN ALEXANDRIA, VIRGINIA, TO COMMERCIAL STORAGE IN WASHINGTON, D.C. THE EFFECTS REMAINED IN STORAGE UNTIL AFTER YOU WERE DETACHED FROM DUTY ABOARD THE U.S.S. ALGOL (AKA 54) AND ASSIGNED TO DUTY AT WASHINGTON, D.C., BY ORDERS DATED FEBRUARY 12, 1953, AND THEN WERE HAULED FROM STORAGE TO RESIDENCE IN ALEXANDRIA, THE SERVICES FOR HAULING AND STORAGE BEING PERFORMED AT GOVERNMENT EXPENSE. YOU REIMBURSED THE GOVERNMENT $294.43 FOR THE COST OF STORAGE OF YOUR EFFECTS FOR SIX MONTHS AT PUBLIC EXPENSE. YOUR CLAIM FOR REFUND OF SUCH AMOUNT WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 25, 1954.

IT APPEARS THAT THE EFFECTS WERE NOT MERELY PLACED IN STORAGE PENDING SUCH DISPOSITION AS YOU MIGHT DESIRE, BUT THAT THEY WERE PLACED IN STORAGE PENDING SHIPMENT TO THE WEST COAST INCIDENT TO YOUR ORDERS OF MARCH 28, 1952. THE SHIPMENT TO THE WEST COAST WAS NOT EFFECTED BECAUSE OF YOUR PERMANENT CHANGE OF STATION BACK TO YOUR OLD DUTY STATION, AFTER WHICH THE EFFECTS WERE REMOVED FROM STORAGE AND HAULED TO YOUR RESIDENCE IN ALEXANDRIA, INCIDENT TO THE ORDERS OF FEBRUARY 12, 1953. IN THESE CIRCUMSTANCES, IT MAY BE CONSIDERED THAT THE STORAGE OF YOUR EFFECTS WAS NECESSARY BECAUSE OF CONDITIONS BEYOND YOUR CONTROL, AND SUCH STORAGE IS AUTHORIZED AT GOVERNMENT EXPENSE UNDER THE PROVISIONS OF SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AND PARAGRAPH 8006- 1A OF THE JOINT TRAVEL REGULATIONS.

THE RECORD SHOWS, HOWEVER, THAT INCIDENT TO THE ORDERS OF FEBRUARY 12, 1953, SEVERAL LOTS OF HOUSEHOLD EFFECTS WERE SHIPPED FOR YOU AT GOVERNMENT EXPENSE FROM THE WEST COAST TO WASHINGTON, D.C. STORAGE AND TRANSPORTATION SERVICES AT GOVERNMENT EXPENSE MAY BE RENDERED ONLY WITHIN THE LIMITS OF YOUR AUTHORIZED PERMANENT CHANGE OF STATION NET WEIGHT ALLOWANCE OF 11,000 POUNDS. HENCE, YOU ARE ENTITLED ONLY TO REFUND OF A PART OF THE STORAGE COST OF $294.43 PAID BY YOU TO THE GOVERNMENT, COMPUTED ON THE BASIS OF YOUR AUTHORIZED PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE, LESS THE WEIGHT OF THE EFFECTS SHIPPED FROM THE WEST COAST TO WASHINGTON, D.C., INCIDENT TO THE ORDERS OF FEBRUARY 12, 1953. A SETTLEMENT FOR THE AMOUNT DUE YOU ON THAT BASIS WILL ISSUE IN DUE COURSE.