B-122485, APR 25, 1955

B-122485, APR 25, 1955

PRECIS-UNAVAILABLE

LIEUTENANT COMMANDER PENDER L. JENNINGS, JR., USN:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 2, 1954, REQUESTING REVIEW OF SETTLEMENT DATED JULY 29, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF STORAGE OF HOUSEHOLD EFFECTS FROM JULY 1, 1952, TO SEPTEMBER 15, 1953.

BY ORDERS DATED APRIL 23, 1952, YOU WERE TRANSFERRED FROM DUTY ABOARD THE U.S.S. FECHTELER (DD-870) TO DUTY ABOARD THE U.S.S. EDMONDS (DE-406), THE HOME PORT OF WHICH VESSEL WAS PEARL HARBOR, TERRITORY OF HAWAII. ORDERS DATED SEPTEMBER 17, 1953, YOU WERE DETACHED FROM DUTY ABOARD THE U.S.S. EDMONDS AND ASSIGNED TO DUTY AT THE U.S. NAVAL AMMUNITION DEPOT, BANGOR, WASHINGTON. IT APPEARS THAT ON OR ABOUT JUNE 16, 1952, YOUR WIFE REQUESTED INFORMATION FROM THE U.S. NAVAL SUPPLY DEPOT CLEAR FIELD, AT OGDEN, UTAH, CONCERNING PERMANENT STORAGE OF YOUR HOUSEHOLD EFFECTS. SHE WAS ADVISED BY LETTER FROM THAT DEPOT DATED JUNE 17, 1952, THAT GOVERNMENT FACILITIES WERE AVAILABLE THERE FOR NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS AND THAT REIMBURSEMENT FOR PERMANENT COMMERCIAL STORAGE FOR THE DURATION OF YOUR SERVICE OVERSEAS COULD NOT BE AUTHORIZED. ALSO, SHE WAS INFORMED OF THE NECESSARY PROCEDURE TO BE FOLLOWED IF SHE DESIRED TO PLACE HOUSEHOLD EFFECTS IN NONTEMPORARY STORAGE AT THAT FACILITY. NOTWITHSTANDING SUCH INFORMATION, HOUSEHOLD EFFECTS WEIGHING APPROXIMATELY 5,600 POUNDS WERE HAULED FROM A RESIDENCE AND PLACED IN COMMERCIAL STORAGE IN PROVO, UTAH, IN JULY 1952, WHERE THEY REMAINED FOR APPROXIMATELY 15 MONTHS AT PERSONAL EXPENSE OF $165. YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES SO INCURRED FOR STORAGE WAS DISALLOWED BY SETTLEMENT DATED JULY 29, 1954.

PARAGRAPH 8006-2, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT, WHERE STORAGE OF EFFECTS IS DESIRED UPON ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES, HOUSEHOLD EFFECTS MAY BE PLACED IN NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES WHEN SUCH FACILITIES ARE AVAILABLE. HOWEVER, ANY RIGHT TO STORAGE IN GOVERNMENT FACILITIES IS NOT A STATUTORY RIGHT BUT IS MERELY A PRIVILEGE ACCORDED OFFICERS TO THE EXTENT THAT SUCH FACILITIES ARE AVAILABLE WHEN STORAGE IS REQUESTED, AND IS CONDITIONED UPON ACTUAL ACCEPTANCE OF THE EFFECTS BY THE GOVERNMENT FOR STORAGE. IS A SERVICE THAT MAY BE RENDERED IN KIND ONLY AND, NOTWITHSTANDING ANY ADVICE TO THE CONTRARY WHICH YOU MAY HAVE RECEIVED, WHERE THE EFFECTS ARE NOT IN FACT SO STORED, IRRESPECTIVE OF THE REASONS, THERE IS NO AUTHORITY FOR REIMBURSING AN OFFICER FOR COMMERCIAL STORAGE COSTS CLAIMED ON THE BASIS THAT SUCH COSTS WOULD NOT HAVE BEEN INCURRED HAD GOVERNMENT STORAGE BEEN FURNISHED.

ACCORDINGLY, THE SETTLEMENT OF JULY 29, 1954, IS SUSTAINED.