B-123072, JUN. 10, 1955

B-123072: Jun 10, 1955

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USAF: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 18. YOUR HOUSEHOLD GOODS WERE PLACED IN COMMERCIAL STORAGE AT SHREVEPORT. YOUR CLAIM FOR STORAGE FOR AN ADDITIONAL FIVE MONTHS WAS DISALLOWED BECAUSE SIX MONTHS' COMMERCIAL STORAGE IS THE MAXIMUM ALLOWABLE INCIDENT TO A PERMANENT CHANGE OF STATION. YOU NOW CONTEND YOUR CLAIM SHOULD BE ALLOWED SINCE TWO PERMANENT CHANGES OF STATION WERE INVOLVED. THE QUESTION OF WHETHER ORDERS EFFECT A PERMANENT CHANGE OF STATION IS A QUESTION OF FACT TO BE DETERMINED. THEIR EFFECT WAS TO PLACE YOU ON INDETERMINATE TEMPORARY DUTY OVERSEAS WITH NEW STATION TO BE ASSIGNED UPON YOUR RETURN TO THE CONTINENTAL UNITED STATES. INCIDENT TO WHICH YOU WERE AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH 8007-8.

B-123072, JUN. 10, 1955

TO CAPTAIN GILBERT S. HARPER, JR., USAF:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 18, 1955, RELATIVE TO SETTLEMENT OF DECEMBER 16, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF STORING YOUR HOUSEHOLD GOODS FROM MARCH 4 TO JULY 20, 1953.

IT APPEARS THAT FOLLOWING RECEIPT OF ORDERS DATED AUGUST 15, 1952, RELEASING YOU FROM ASSIGNMENT AND DUTY AT BARKSDALE AIR FORCE BASE, LOUISIANA, YOUR HOUSEHOLD GOODS WERE PLACED IN COMMERCIAL STORAGE AT SHREVEPORT, LOUISIANA, ON SEPTEMBER 4, 1952, WHERE THEY REMAINED UNTIL JULY 20, 1953, AND THAT THE GOVERNMENT PAID THE CHARGES FOR THE FIRST SIX MONTHS OF STORAGE. YOUR CLAIM FOR STORAGE FOR AN ADDITIONAL FIVE MONTHS WAS DISALLOWED BECAUSE SIX MONTHS' COMMERCIAL STORAGE IS THE MAXIMUM ALLOWABLE INCIDENT TO A PERMANENT CHANGE OF STATION. YOU NOW CONTEND YOUR CLAIM SHOULD BE ALLOWED SINCE TWO PERMANENT CHANGES OF STATION WERE INVOLVED.

THE QUESTION OF WHETHER ORDERS EFFECT A PERMANENT CHANGE OF STATION IS A QUESTION OF FACT TO BE DETERMINED, AMONG OTHER THINGS, FROM THE CHARACTER OF THE ASSIGNMENT, 33 COMP. GEN. 98. WHILE THE AUGUST 15, 1952, ORDERS PURPORTED TO ASSIGN YOU TO PERMANENT STATION AT MACDILL AIR FORCE BASE, FLORIDA, THEIR EFFECT WAS TO PLACE YOU ON INDETERMINATE TEMPORARY DUTY OVERSEAS WITH NEW STATION TO BE ASSIGNED UPON YOUR RETURN TO THE CONTINENTAL UNITED STATES. UPON EXPIRATION OF THE PERIOD OF INDETERMINATE TEMPORARY DUTY, INCIDENT TO WHICH YOU WERE AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH 8007-8, JOINT TRAVEL REGULATIONS, TO STORE OR SHIP YOUR HOUSEHOLD EFFECTS TO A DESIGNATED PLACE, YOU WERE ASSIGNED TO PERMANENT STATION AT HUNTER AIR FORCE BASE, GEORGIA. IN THESE CIRCUMSTANCES THE CHANGE FROM BARKSDALE AIR FORCE BASE, LOUISIANA, TO HUNTER AIR FORCE BASE, MUST BE REGARDED AS HAVING INVOLVED BUT ONE PERMANENT CHANGE OF STATION ENTITLING YOU TO BUT SIX MONTHS' COMMERCIAL STORAGE OF EFFECTS. SINCE YOU HAVE BEEN FURNISHED STORAGE FOR SIX MONTHS AT GOVERNMENT EXPENSE, THERE IS NO LEGAL BASIS FOR THE PAYMENT TO YOU OF ANY PART OF YOUR CLAIM.