B-126310, MAR. 27, 1956

B-126310: Mar 27, 1956

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YOU WERE RELEASED FROM ASSIGNMENT TO HEADQUARTERS AIR FORCE RESERVE OFFICERS' TRAINING CORPS. YOUR RELEASE WAS EFFECTED AT THE LATTER BASE BY PARAGRAPH 32. YOUR HOUSEHOLD EFFECTS WERE PICKED UP AT 390 27TH STREET. WERE SHIPPED TO A COMMERCIAL WAREHOUSE IN GARDEN GROVE. AT WHICH TIME THEY WERE HAULED TO YOUR RESIDENCE AT 1001 AVALON STREET. THE STORAGE AND HAULING WERE AT YOUR EXPENSE. IN YOUR PRESENT LETTER YOU QUESTION WHETHER THERE WAS STORAGE AT ORIGIN AS STATED IN THE SETTLEMENT. YOU STATE THAT IT WOULD HAVE BEEN IMPOSSIBLE FOR YOU TO HAVE INDICATED 1001 AVALON STREET AS THE DESTINATION SINCE THE RESIDENCE AT THAT ADDRESS WAS NOT KNOWN TO YOU UNTIL AFTER YOUR HOUSEHOLD GOODS REACHED CALIFORNIA.

B-126310, MAR. 27, 1956

TO MR. ROBERT D. PETERSON, JR.:

YOUR LETTER OF NOVEMBER 18, 1955, REQUESTS REVIEW OF THE SETTLEMENT OF NOVEMBER 2, 1955, WHICH DISALLOWED YOUR CLAIM FOR $173.60, REPRESENTING THE COST OF STORAGE AND HAULING OF YOUR HOUSEHOLD EFFECTS FOLLOWING YOUR RELEASE FROM ACTIVE DUTY AS CAPTAIN, UNITED STATES AIR FORCE.

BY PARAGRAPH 13, SPECIAL ORDERS NO. 101, DATED MAY 21, 1954, YOU WERE RELEASED FROM ASSIGNMENT TO HEADQUARTERS AIR FORCE RESERVE OFFICERS' TRAINING CORPS, MONTGOMERY, ALABAMA, WITH DUTY AT THE UNIVERSITY OF COLORADO, BOULDER, COLORADO, AND ASSIGNED TO LOWRY AIR FORCE BASE, COLORADO, FOR RELEASE FROM ACTIVE DUTY. YOUR RELEASE WAS EFFECTED AT THE LATTER BASE BY PARAGRAPH 32, SPECIAL ORDERS NO. 158, DATED JUNE 7, 1954. ON AUGUST 25, 1954, YOUR HOUSEHOLD EFFECTS WERE PICKED UP AT 390 27TH STREET, BOULDER, COLORADO, AND WERE SHIPPED TO A COMMERCIAL WAREHOUSE IN GARDEN GROVE, CALIFORNIA, AT GOVERNMENT EXPENSE. THE EFFECTS REMAINED IN STORAGE FROM AUGUST 30 TO SEPTEMBER 9, 1954, AT WHICH TIME THEY WERE HAULED TO YOUR RESIDENCE AT 1001 AVALON STREET, SANTA ANA, CALIFORNIA. THE STORAGE AND HAULING WERE AT YOUR EXPENSE. IN YOUR PRESENT LETTER YOU QUESTION WHETHER THERE WAS STORAGE AT ORIGIN AS STATED IN THE SETTLEMENT. ALSO, YOU QUESTION THE STATEMENT (IN THE SETTLEMENT) THAT YOU SIGNED AN APPLICATION FOR SHIPMENT OF YOUR EFFECTS FROM BOULDER, COLORADO, TO 1001 AVALON STREET, SANTA ANA, CALIFORNIA. YOU STATE THAT IT WOULD HAVE BEEN IMPOSSIBLE FOR YOU TO HAVE INDICATED 1001 AVALON STREET AS THE DESTINATION SINCE THE RESIDENCE AT THAT ADDRESS WAS NOT KNOWN TO YOU UNTIL AFTER YOUR HOUSEHOLD GOODS REACHED CALIFORNIA.

THE TRANSPORTATION (INCLUDING TEMPORARY STORAGE) OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814. THOSE REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDE (PARAGRAPH 8013, THAT UNLESS OTHERWISE SPECIFICALLY PROVIDED THEREIN, SHIPMENT AT GOVERNMENT EXPENSE EXTENDS ONLY TO THE THROUGH SHIPMENT TO AUTHORIZED DESTINATION. SHIPMENT MAY NOT BE MADE FOR THE CONVENIENCE OF THE MEMBER TO SOME OTHER POINT FOR RESHIPMENT LATER TO THE ULTIMATE DESTINATION. THE REGULATIONS FURTHER PROVIDE (PARAGRAPH 8006) FOR TEMPORARY STORAGE WHEN NECESSARY IN CONNECTION WITH SHIPMENT UPON PERMANENT CHANGE OF STATION. SUCH STORAGE MAY BE AT ORIGIN, IN TRANSIT, OR AT DESTINATION. PAYMENT OF THE CHARGES, HOWEVER MUST BE SUPPORTED BY A CERTIFICATE BY THE PROPERLY DESIGNATED AUTHORITY THAT THE STORAGE WAS NECESSARY. IN THE PRESENT CASE, WHILE THE RECORD INDICATES THAT STORAGE AT DESTINATION MAY HAVE OCCURRED BECAUSE YOU WERE UNABLE TO MOVE THE EFFECTS INTO YOUR INTENDED RESIDENCE IN SANTA ANA, THE STORAGE APPARENTLY WAS ON YOUR OWN INITIATIVE, AND NO CERTIFICATE BY THE PROPER OFFICIAL AS TO THE NECESSITY FOR STORAGE AT DESTINATION HAS BEEN FURNISHED. IN THE ABSENCE OF SUCH CERTIFICATE THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

AS TO THE SPECIFIC QUESTIONS PRESENTED IN YOUR LETTER, WHILE THE BILL OF LADING BEARS THE NOTATION "TRANS STRG AUTH AT ORIGIN," THE RECORD INDICATES THERE WAS NO STORAGE AT ORIGIN, AND THE AMOUNT PAID BY THE GOVERNMENT ($902.08) FOR SHIPPING YOUR EFFECTS DOES NOT INCLUDE A CHARGE FOR STORAGE. FOR YOUR INFORMATION, THERE IS ENCLOSED A COPY OF THE APPLICATION (APPARENTLY SIGNED BY YOU) FOR SHIPMENT OF YOUR EFFECTS FROM 390 27TH STREET, BOULDER, COLORADO, TO 1001 AVALON STREET, SANTA ANA, CALIFORNIA. THIS IS THE APPLICATION REFERRED TO IN OUR SETTLEMENT. IT IS NOTED, HOWEVER, THAT THE APPLICATION IS NOT DATED, AND IT WOULD APPEAR FROM YOUR STATEMENTS THAT YOU MAY HAVE EXECUTED IT SUBSEQUENT TO THE SHIPMENT.