B-122607, MAY 5, 1955

B-122607: May 5, 1955

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CORTNER: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 6. YOU WERE TRANSFERRED FROM DUTY AT NEW DELHI. 841 POUNDS WERE SHIPPED FOR YOU BY THE GOVERNMENT FROM NEW DELHI. YOUR REQUEST THE EFFECTS WERE HAULED AT GOVERNMENT EXPENSE OF $118.41 FROM BOSTON TO WORCESTER. WHERE THEY WERE PLACED IN COMMERCIAL STORAGE. HAS REPORTED THAT GOVERNMENT FACILITIES WERE AVAILABLE AT THAT ACTIVITY FOR STORAGE OF HOUSEHOLD EFFECTS. 260 POUNDS WERE PACKED AND SHIPPED BY VAN FROM STORAGE IN WORCESTER. TWO FOOT LOCKERS WEIGHING 170 POUNDS WERE SHIPPED BY RAILWAY FROM WORCESTER TO NORFOLK. YOU WERE ALLOWED $9.12 ON YOUR CLAIM. WHERE STORAGE OF EFFECTS IS DESIRED UPON ASSIGNMENT TO SEA DUTY. HOUSEHOLD EFFECTS MAY BE PLACED IN NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES WHEN SUCH FACILITIES ARE AVAILABLE.

B-122607, MAY 5, 1955

PRECIS-UNAVAILABLE

CAPTAIN CLARENCE E. CORTNER:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 6, 1954, REQUESTING REVIEW OF SETTLEMENT DATED FEBRUARY 23, 1954, WHICH ALLOWED $9.12 ON YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF PACKING, TRANSPORTATION, STORAGE, AND UNPACKING HOUSEHOLD EFFECTS, INCIDENT TO ORDERS DATED FEBRUARY 26, 1952.

BY ORDERS DATED FEBRUARY 26, 1952, YOU WERE TRANSFERRED FROM DUTY AT NEW DELHI, INDIA, TO THE UNITED STATES FOR TEMPORARY DUTY AND THENCE TO DUTY AS COMMANDER, DESTROYER SQUADRON 28, ABOARD THE U. S. S. TRATHEN (DD-530), ITS HOME YARD BEING NORFOLK, VIRGINIA. YOUR HOUSEHOLD EFFECTS SHOWN AS WEIGHING 11,841 POUNDS WERE SHIPPED FOR YOU BY THE GOVERNMENT FROM NEW DELHI, INDIA, TO THE BOSTON NAVAL SHIPYARD, BOSTON, MASSACHUSETTS. YOUR REQUEST THE EFFECTS WERE HAULED AT GOVERNMENT EXPENSE OF $118.41 FROM BOSTON TO WORCESTER, MASSACHUSETTS, WHERE THEY WERE PLACED IN COMMERCIAL STORAGE. THE COMMANDER, BOSTON NAVAL SHIPYARD, HAS REPORTED THAT GOVERNMENT FACILITIES WERE AVAILABLE AT THAT ACTIVITY FOR STORAGE OF HOUSEHOLD EFFECTS. ON JULY 31, 1952, EFFECTS WEIGHING 8,260 POUNDS WERE PACKED AND SHIPPED BY VAN FROM STORAGE IN WORCESTER, MASSACHUSETTS, TO EVANSTON, ILLINOIS. ALSO, TWO FOOT LOCKERS WEIGHING 170 POUNDS WERE SHIPPED BY RAILWAY FROM WORCESTER TO NORFOLK, VIRGINIA, ON AUGUST 5, 1952. RECEIPTS ATTACHED TO YOUR CLAIM SHOW CHARGES PAID BY YOU FOR PACKING, TRANSPORTATION, STORAGE, AND UNPACKING OF THE EFFECTS IN THE TOTAL AMOUNT OF $1,069.85, FOR WHICH YOU CLAIM REIMBURSEMENT. SETTLEMENT DATED FEBRUARY 23, 1954, YOU WERE ALLOWED $9.12 ON YOUR CLAIM.

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 SEA DUTY, HOUSEHOLD EFFECTS MAY BE PLACED IN NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES WHEN SUCH FACILITIES ARE AVAILABLE. ANY RIGHT TO STORAGE IN GOVERNMENT FACILITIES IS NOT A STATUTORY RIGHT BUT IS MERELY A PRIVILEGE ACCORDED MEMBERS OF THE UNIFORMED SERVICES TO THE EXTENT THAT SUCH FACILITIES ARE AVAILABLE WHEN STORAGE IS REQUESTED, AND IS CONDITIONED UPON ACTUAL ACCEPTANCE AND STORAGE OF THE EFFECTS BY THE GOVERNMENT. IT IS A SERVICE THAT MAY BE RENDERED IN KIND ONLY, AND WHERE THE EFFECTS ARE NOT IN FACT SO STORED, IRRESPECTIVE OF THE REASONS, THERE IS NO LEGAL BASIS FOR REIMBURSING A MEMBER FOR COMMERCIAL STORAGE COSTS CLAIMED ON THE BASIS THAT SUCH COSTS WOULD NOT HAVE BEEN INCURRED HAD GOVERNMENT STORAGE BEEN FURNISHED. HENCE, YOU MAY NOT BE REIMBURSED ANY PART OF THE EXPENSES CLAIMED FOR STORAGE AND EXPENSES INCIDENT TO STORAGE.

INCIDENT TO THE ORDERS OF FEBRUARY 26, 1952, TRANSFERRING YOU FROM INDIA TO THE UNITED STATES FOR TEMPORARY DUTY AND THENCE TO DUTY ABOARD THE U. S. S. TRETHEN (DD-530), HOME YARD OF WHICH WAS NORFOLK, VIRGINIA, YOU WERE ENTITLED UNDER PARAGRAPHS 8008-2 AND 8009-4B OF THE JOINT TRAVEL REGULATIONS TO THE PACKING, TRANSPORTATION, AND UNPACKING OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FROM YOUR OLD DUTY STATION IN INDIA TO YOUR NEW DUTY STATION, NORFOLK, VIRGINIA, OR TO A DESIGNATED POINT IN THE UNITED STATES. THEREFORE, YOU MAY BE REIMBURSED IN PART FOR PACKING, TRANSPORTATION, AND UNPACKING COSTS OF THE SHIPMENTS COMPUTED ON THE BASIS OF THE COST TO THE GOVERNMENT HAD SHIPMENT OF 8,260 POUNDS OF EFFECTS BEEN MADE BY VAN FROM BOSTON, MASSACHUSETTS, TO EVANSTON, ILLINOIS, PLUS THE COST OF THE EXPRESS SHIPMENT FROM WORCESTER TO NORFOLK, VIRGINIA, LESS $82.60 (82.60 DIVIDED BY 11841 X $118.41), PAID BY THE GOVERNMENT FOR HAULING YOUR EFFECTS TO STORAGE IN WORCESTER, AND $9.12 ALLOWED BY SETTLEMENT DATED FEBRUARY 23, 1954.

A SETTLEMENT FOR THE AMOUNT DUE YOU ON THAT BASIS WILL ISSUE IN DUE COURSE.