B-123074, MAY 2, 1955

B-123074: May 2, 1955

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NEWCOMER: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 19. YOU WERE DETACHED FROM DUTY AT DAVIS NONTHAN AIR FORCE BASE. WHERE YOUR DEPENDENTS WERE NOT PERMITTED TO JOIN YOU. 680 POUNDS WERE PACKED AND SHIPPED AT GOVERNMENT EXPENSE FROM TUCSON. THE EFFECTS WERE PLACED IN COMMERCIAL STORAGE ON MAY 3. 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. 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.

B-123074, MAY 2, 1955

PRECIS-UNAVAILABLE

MASTER SERGEANT SAMUEL H. NEWCOMER:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 19, 1955, REQUESTING REVIEW OF SETTLEMENT DATED MARCH 24, 1954, DISALLOWING YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF STORING YOUR HOUSEHOLD EFFECTS FROM MAY 3, 1951, TO AUGUST 4, 1952.

BY ORDERS DATED APRIL 17, 1951, YOU WERE DETACHED FROM DUTY AT DAVIS NONTHAN AIR FORCE BASE, TUCSON, ARIZONA, AND ASSIGNED TO DUTY OVERSEAS, WHERE YOUR DEPENDENTS WERE NOT PERMITTED TO JOIN YOU. AT YOUR REQUEST YOUR HOUSEHOLD EFFECTS WEIGHING 2,680 POUNDS WERE PACKED AND SHIPPED AT GOVERNMENT EXPENSE FROM TUCSON, ARIZONA, TO MCKEESPORT, PENNSYLVANIA, ON APRIL 18, 1951. THE EFFECTS WERE PLACED IN COMMERCIAL STORAGE ON MAY 3, 1951, AT MCKEESPORT, WHERE THEY REMAINED UNTIL AUGUST 4, 1952, AT PERSONAL EXPENSE OF $126, FOR WHICH YOU CLAIM REIMBURSEMENT.

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. 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 COST WOULD NOT HAVE BEEN INCURRED HAD GOVERNMENT STORAGE BEEN FURNISHED.

ACCORDINGLY, THE SETTLEMENT OF MARCH 24, 1954, IS SUSTAINED.