B-123165, AUG. 23, 1955

B-123165, AUG. 23, 1955

TO MR. JOHN J. GANNON:

YOUR LETTER OF FEBRUARY 13, 1955, REQUESTS REVIEW OF OUR SETTLEMENT DATED JANUARY 24, 1955, WHICH ALLOWED $12.50 ON YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF PACKING, TRANSPORTATION AND STORAGE OF HOUSEHOLD EFFECTS PURSUANT TO ORDERS DATED SEPTEMBER 6, 1951, INCIDENT TO YOUR SERVICE AS WARRANT OFFICER (JG), UNITED STATES ARMY.

BY THE ORDERS OF SEPTEMBER 6, 1951, YOU WERE TRANSFERRED OVERSEAS ONA PERMANENT CHANGE OF STATION FROM CAMP KILMER, NEW JERSEY, AS A MEMBER OF HEADQUARTERS DETACHMENT, 320TH REPLACEMENT BATTALION. ON NOVEMBER 29, 1951, YOUR HOUSEHOLD EFFECTS WERE PACKED AND SHIPPED FROM LEVITTOWN, NEW YORK, TO COMMERCIAL STORAGE IN NEW YORK, NEW YORK. YOUR EFFECTS WERE SUBSEQUENTLY SHIPPED FROM THAT COMMERCIAL STORAGE TO GOVERNMENT STORAGE AT ROME, NEW YORK, ON A BILL OF LADING DATED JANUARY 29, 1952.

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 AS A PERMANENT CHANGE OF STATION, HOUSEHOLD EFFECTS MAY BE PLACED IN NONTEMPORARY STORAGE AT GOVERNMENT FACILITIES WHEN SUCH FACILITIES ARE AVAILABLE. IT IS SPECIFICALLY PROVIDED THAT MEMBERS WILL NOT REQUEST TEMPORARY STORAGE IN CONTEMPLATION OF SUBSEQUENT NONTEMPORARY STORAGE. THE 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, NOTWITHSTANDING ANY ADVICE TO THE CONTRARY YOU MAY HAVE RECEIVED.

INCIDENT TO THE ORDERS OF SEPTEMBER 6, 1951, YOU WERE ENTITLED TO PACKING AND TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE TO AVAILABLE NONTEMPORARY STORAGE. THE AMOUNT OF $12.50 ALLOWED ON YOUR CLAIM BY THE SETTLEMENT OF JANUARY 24, 1955, COVERED REIMBURSEMENT FOR COST OF PACKING THE HOUSEHOLD EFFECTS INVOLVED NOT TO EXCEED THE COST IF THAT SERVICE HAD BEEN PROVIDED BY THE GOVERNMENT.

IT APPEARING THAT YOU HAVE BEEN PAID THE AMOUNT TO WHICH YOU ARE ENTITLED, THE SETTLEMENT OF JANUARY 24, 1955, IS SUSTAINED.