B-126035, MAR. 9, 1956

B-126035, MAR. 9, 1956

TO LIEUTENANT COMMANDER ROGER W. GRAY, SC, USN:

YOUR LETTER OF OCTOBER 24, 1955, REQUESTS REVIEW OF OUR SETTLEMENT OF SEPTEMBER 7, 1955, WHICH DISALLOWED, AMONG OTHER THINGS, YOUR CLAIM FOR REIMBURSEMENT OF CERTAIN COSTS OF STORAGE OF YOUR HOUSEHOLD EFFECTS.

THE RECORD SHOWS THAT ON JUNE 2, 1954, YOUR HOUSEHOLD EFFECTS WERE WRAPPED, TREATED AND MOVED FROM YOUR RESIDENCE IN LONG BEACH, CALIFORNIA, TO COMMERCIAL STORAGE IN THE SAME CITY AT PERSONAL EXPENSE. AT THAT TIME YOU WERE SERVING ABOARD THE U.S.S. KERMIT ROOSEVELT (ARG-16). BY ORDERS DATED AUGUST 4, 1954, YOU WERE DETACHED FROM SUCH DUTY, RETURNED TO THE UNITED STATES, AND DIRECTED TO REPORT AT WASHINGTON,D.C., FOR DUTY. YOU REPORTED FOR THE LATTER DUTY ON JANUARY 14, 1955. YOUR EFFECTS REMAINED IN STORAGE UNTIL JANUARY 19, 1955, WHEN THEY WERE SHIPPED TO ALEXANDRIA, VIRGINIA, AT GOVERNMENT EXPENSE. IN YOUR PRESENT LETTER, YOU QUESTION IN SUBSTANCE WHETHER THE FACT THAT YOUR EFFECTS WERE WRAPPED, TREATED, AND PLACED IN STORAGE PRIOR TO RECEIPT OF CHANGE OF STATION ORDERS CONSTITUTES A VALID REASON FOR DENIAL OF YOUR CLAIM FOR A SIX-MONTH PERIOD SUBSEQUENT TO RECEIPT OF CHANGE OF STATION ORDERS.

SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, PROVIDES THAT, UNDER SUCH REGULATIONS AS THE SECRETARIES MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED IN CONNECTION WITH A CHANGE OF STATION, TO TRANSPORTATION (INCLUDING PACKING, CRATING AND TEMPORARY STORAGE) OF HOUSEHOLD EFFECTS. WHEN ORDERS DIRECTING A CHANGE OF PERMANENT STATION HAVE NOT BEEN ISSUED, THE SECRETARIES MAY AUTHORIZE THE MOVEMENT OF HOUSEHOLD EFFECTS ONLY UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES. JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE SECTION MENTIONED, PROVIDE (PARAGRAPH 8014 1) THAT SHIPMENT OF HOUSEHOLD GOODS IS NOT AUTHORIZED PRIOR TO ISSUANCE OF ORDERS EXCEPT IN CASE OF EMERGENCY, EXIGENCY OF THE SERVICE, OR WHEN REQUIRED BY SERVICE NECESSITY. THE REGULATIONS FURTHER PROVIDE (PARAGRAPH 8006-1) FOR TEMPORARY STORAGE, NOT TO EXCEED SIX MONTHS, WHEN NECESSARY IN CONNECTION WITH TRANSPORTATION OF THE EFFECTS UPON PERMANENT CHANGE OF STATION BECAUSE OF CONDITIONS BEYOND CONTROL OF THE OWNER, SUCH AS DIRECTED SURRENDER OF QUARTERS, ARRIVAL OF SHIPMENT AT DESTINATION BEFORE ARRIVAL OF MEMBER, OR NONAVAILABILITY OF HOUSING AT DESTINATION.

YOUR REASONS FOR MOVING YOUR EFFECTS TO STORAGE PRIOR TO ORDERS ARE STATED TO BE THAT THE VESSEL TO WHICH YOU WERE ATTACHED DEPARTED FOR SEATTLE, WASHINGTON, FOR OVERHAUL, AFTER WHICH IT WAS TO PROCEED TO THE WESTERN PACIFIC; THAT YOUR WIFE WAS PREGNANT, AND THAT YOU FELT IT WAS DESIRABLE TO DISESTABLISH YOUR RESIDENCE AT LONG BEACH, THE HOME YARD OF THE VESSEL, PRIOR TO CHANGE OF STATION ORDERS. THE RECORD INDICATES THAT THOSE REASONS WERE STATED IN YOUR CLAIM WHEN YOU SUBMITTED IT TO THE DEPARTMENT OF THE NAVY AND THAT NO DETERMINATION WAS MADE THAT THOSE REASONS CONSTITUTED AN EMERGENCY, EXIGENCY OF THE SERVICE, OR SERVICE NECESSITY. FURTHER, THERE IS NO INDICATION THAT THE CONTINUED STORAGE AFTER THE ORDERS WERE ISSUED WAS NECESSARY BECAUSE OF CONDITIONS BEYOND YOUR CONTROL IN CONNECTION WITH A SHIPMENT OF THE EFFECTS AS CONTEMPLATED BY THE REGULATIONS.

THERE BEING NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM, THE SETTLEMENT OF SEPTEMBER 7, 1955, IS ..END :