B-123026, MAY 25, 1955

B-123026, MAY 25, 1955

HEADNOTE-UNAVAILABLE PRECIS-UNAVAILABLE

CAPTAIN WALTER H. BAINBRIDGE, USC&GS:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 30, 1954, AND ENCLOSURE, REQUESTING REVIEW OF SETTLEMENT DATED DECEMBER 20, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS IN OAKLAND, CALIFORNIA, FROM DECEMBER 4, 1953, TO MAY 4, 1954.

IT APPEARS THAT INCIDENT TO YOUR CHANGE OF DUTY STATION FROM OAKLAND, CALIFORNIA, TO ALASKA IN APRIL 1953 YOUR HOUSEHOLD EFFECTS WEIGHING 5,580 POUNDS WERE PLACED IN COMMERCIAL STORAGE IN OAKLAND AT PERSONAL EXPENSE. YOU SAY THAT FOLLOWING YOUR RETURN FROM ALASKA TO SAN FRANCISCO, CALIFORNIA, ON NOVEMBER 30, 1953, YOU RENTED AN APARTMENT IN OAKLAND AND REQUESTED THE STORAGE COMPANY TO DELIVER YOUR EFFECTS TO THE APARTMENT. BEFORE THE EFFECTS WERE ACTUALLY DELIVERED YOU WERE OFFICIALLY ADVISED THAT EARLY IN 1954 YOU WOULD BE ASSIGNED TO A NEW DUTY STATION THE LOCATION OF WHICH WAS NOT THEN KNOWN. AS A RESULT OF SUCH INFORMATION YOU NOTIFIED THE STORAGE COMPANY TO RETAIN YOUR EFFECTS IN STORAGE. BY ORDERS DATED APRIL 6, 1954, YOU WERE TRANSFERRED FROM DUTY AT SAN FRANCISCO TO DUTY AT NORFOLK, VIRGINIA. AT YOUR REQUEST THE EFFECTS WERE SHIPPED AT GOVERNMENT EXPENSE FROM OAKLAND, CALIFORNIA, TO NORFOLK, VIRGINIA, ON MAY 5, 1954. YOU CLAIM REIMBURSEMENT OF $85.92 REPRESENTING EXPENSES INCURRED BY YOU FOR STORAGE, INCLUDING IN AND OUT HANDLING CHARGES, FROM DECEMBER 4, 1953, TO MAY 4, 1954.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, 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 INCLUDED "TEMPORARY STORAGE." THUS, IT IS EVIDENT THAT THE CONGRESS INTENDED THAT TEMPORARY STORAGE SHOULD BE FURNISHED ONLY WHEN NECESSARY AS AN INCIDENT TO A SHIPMENT CURRENTLY IN PROCESS OR IN IMMEDIATE PROSPECT.

SINCE YOUR EFFECTS WERE ALREADY IN STORAGE IN OAKLAND, CALIFORNIA, WHEN YOU RETURNED FROM ALASKA TO SAN FRANCISCO, AND SINCE THEY WERE SHIPPED TO NORFOLK, VIRGINIA, PROMPTLY WHEN REQUESTED BY YOU, FOLLOWING YOUR CHANGE OF STATION FROM SAN FRANCISCO TO NORFOLK, IT IS CLEAR THAT NO PART OF THE STORAGE WAS INCIDENT TO ANY TRANSPORTATION OR SHIPMENT OF SUCH EFFECTS WITHIN THE MEANING OF THE APPLICABLE STATUTE AND REGULATIONS. HENCE, THERE IS NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED AS FOR TEMPORARY STORAGE ANY PART OF THE STORAGE COST INCURRED BY YOU. 32 COMP. GEN. 410.

ACCORDINGLY, THE SETTLEMENT OF DECEMBER 20, 1954, IS SUSTAINED.