B-124686, NOV. 1, 1955

B-124686: Nov 1, 1955

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AFR: REFERENCE IS MADE TO YOUR LETTER OF MAY 24. YOU WERE RELEASED FROM ACTIVE DUTY AND DIRECTED TO PROCEED TO YOUR HOME. SHORTLY THEREAFTER YOUR HOUSEHOLD GOODS WERE SHIPPED AT GOVERNMENT EXPENSE FROM YOUR RESIDENCE IN BOISE. THAT SUCH ACTION WAS IN ACCORDANCE WITH AIR FORCE REGULATIONS IN EFFECT AT THAT TIME. IT APPEARS THAT GOVERNMENT STORAGE WAS NOT AVAILABLE AT MOUNTAIN HOME AIR FORCE BASE. THAT LEWISTON IS ONLY A SHORT DISTANCE FROM ASOTIN. THAT YOU DESIRED STORAGE FOR THE REASON THAT YOUR EMPLOYMENT PLANS WERE UNCERTAIN. HOW LONG THE EFFECTS REMAINED IN STORAGE AT LEWISTON OR WHETHER THEY WERE EVER MOVED TO YOUR HOME AT ASOTIN IS NOT SHOWN. WAS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949.

B-124686, NOV. 1, 1955

TO FIRST LIEUTENANT MICHAL N. LEZCHINSKY, AFR:

REFERENCE IS MADE TO YOUR LETTER OF MAY 24, 1955, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT OF DECEMBER 30, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF STORAGE OF YOUR HOUSEHOLD GOODS FOR THE PERIOD APRIL THROUGH SEPTEMBER 1953.

BY PARAGRAPH 1, SPECIAL ORDERS NO. 55, DATED MARCH 20, 1953, MOUNTAIN HOME AIR FORCE BASE, IDAHO, YOU WERE RELEASED FROM ACTIVE DUTY AND DIRECTED TO PROCEED TO YOUR HOME, ASOTIN, WASHINGTON. SHORTLY THEREAFTER YOUR HOUSEHOLD GOODS WERE SHIPPED AT GOVERNMENT EXPENSE FROM YOUR RESIDENCE IN BOISE, IDAHO, TO COMMERCIAL STORAGE IN LEWISTON, IDAHO. YOUR PRESENT LETTER YOU STATE THAT YOU STORED YOUR EFFECTS ON THE VERBAL ADVICE OF THE TRANSPORTATION OFFICER AT MOUNTAIN HOME AIR FORCE BASE, AND THAT SUCH ACTION WAS IN ACCORDANCE WITH AIR FORCE REGULATIONS IN EFFECT AT THAT TIME. ALSO, IT APPEARS THAT GOVERNMENT STORAGE WAS NOT AVAILABLE AT MOUNTAIN HOME AIR FORCE BASE; THAT LEWISTON IS ONLY A SHORT DISTANCE FROM ASOTIN; THAT YOU DESIRED STORAGE FOR THE REASON THAT YOUR EMPLOYMENT PLANS WERE UNCERTAIN, AND THAT SINCE YOU HAD BEEN LIVING WITH YOUR FAMILY, YOU HAD NO HOME OF YOUR OWN IN WHICH TO STORE THE GOODS. HOW LONG THE EFFECTS REMAINED IN STORAGE AT LEWISTON OR WHETHER THEY WERE EVER MOVED TO YOUR HOME AT ASOTIN IS NOT SHOWN. YOUR CLAIM SIMPLY COVERS THE FIRST SIX MONTHS OF STORAGE.

AT THE TIME HERE INVOLVED THE PACKING, CRATING, HAULING, AND STORAGE OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES, INCLUDING THE AIR FORCE, WAS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. THOSE REGULATIONS PROVIDE (PARAGRAPH 8006-1) FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS, NOT TO EXCEED SIX MONTHS, WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION "BECAUSE OF CONDITIONS BEYOND CONTROL OF THE MEMBER" SUCH AS (1) AFTER PICKUP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH OF SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN; (2) WHILE SHIPMENT IS IN TRANSIT, OR (3) AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION STATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS. TEMPORARY STORAGE IS AUTHORIZED ONLY AS AN INCIDENT OF TRANSPORTATION, THAT IS, FOR COMPARATIVELY BRIEF PERIODS OF DELAY ARISING DURING THE COURSE OF A MOVEMENT OF HOUSEHOLD GOODS BETWEEN AUTHORIZED POINTS. THUS, WHERE A MEMBER, UPON SEPARATION FROM THE SERVICE, FINDS HIMSELF IN POSSESSION OF HOUSEHOLD EFFECTS FOR WHICH, BECAUSE OF HIS PERSONAL LIVING ARRANGEMENTS, HE HAS NO PRESENT USE AND SHIPS THEM TO STORAGE RATHER THAN TO HIS HOME, THE POINT OF STORAGE IN EFFECT CONSTITUTES THE DESTINATION OF SHIPMENT WITH THE RESULT THAT HE IS NOT ENTITLED TO ANY PART OF SUCH STORAGE AT GOVERNMENT EXPENSE. THERE IS NO PROVISION IN THE REGULATIONS FOR THE PAYMENT OF STORAGE CHARGES WHERE, AS A MATTER OF CONVENIENCE TO THE OWNER, THE HOUSEHOLD GOODS ARE SHIPPED TO A PLACE OF NONTEMPORARY COMMERCIAL STORAGE. IN THE PRESENT CASE, THERE HAS NOT BEEN FURNISHED A CERTIFICATE BY PROPER AUTHORITY ATTESTING THAT THE STORAGE WAS FOUND NECESSARY "BECAUSE OF CONDITIONS BEYOND CONTROL OF THE MEMBER" (SEE 32 COMP. GEN. 301), AND THE PRESENT RECORD FAILS TO SHOW THAT THE STORAGE WAS INCIDENT TO THE MOVEMENT OF YOUR GOODS TO YOUR HOME AT ASOTIN. ON THE CONTRARY, THE PLACE OF STORAGE SEEMS TO HAVE BEEN THE DESTINATION OF THE SHIPMENT RATHER THAN A POINT AT WHICH THEY WERE UNAVOIDABLY DELAYED. ACCORDINGLY, ON THE ..END :