B-126594, MAR. 16, 1956

B-126594: Mar 16, 1956

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YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE JOINT TRAVEL REGULATIONS PRECLUDE REIMBURSEMENT FOR COMMERCIAL STORAGE COSTS UNDER THE CIRCUMSTANCES INVOLVED IN YOUR CLAIM. YOU WERE DIRECTED TO REPORT NOT LATER THAN JANUARY 2. UPON COMPLETION OF SUCH DUTY YOU WERE DIRECTED TO REPORT TO WESTOVER AIR FORCE BASE. TRAVEL OF DEPENDENTS WAS NOT AUTHORIZED EXCEPT BY THE APPROVAL OF THE CHIEF. YOU WERE RELIEVED FROM YOUR TEMPORARY DUTY ASSIGNMENT AT THE ARTILLERY CENTER. YOU WERE DIRECTED TO REPORT NOT LATER THAN MARCH 29. THE JOINT TRAVEL REGULATIONS IN EFFECT DURING THE PERIOD YOUR GOODS WERE STORED DO NOT AUTHORIZE PERMANENT STORAGE OF HOUSEHOLD EFFECTS IN COMMERCIAL WAREHOUSES AT GOVERNMENT EXPENSE.

B-126594, MAR. 16, 1956

TO LIEUTENANT COLONEL RUPERT T. RASCHKE, USAR:

YOUR LETTER OF DECEMBER 16, 1955, REQUESTS REVIEW OF SETTLEMENT DATED NOVEMBER 16, 1955, WHICH DISALLOWED YOUR CLAIM FOR $345.60 FOR REIMBURSEMENT OF STORAGE CHARGES PAID BY YOU IN CONNECTION WITH THE STORAGE OF YOUR HOUSEHOLD EFFECTS AT LAWTON, OKLAHOMA, DURING THE PERIOD AUGUST 6, 1952, TO APRIL 6, 1954. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE JOINT TRAVEL REGULATIONS PRECLUDE REIMBURSEMENT FOR COMMERCIAL STORAGE COSTS UNDER THE CIRCUMSTANCES INVOLVED IN YOUR CLAIM.

BY CHANGE OF STATION ORDERS DATED DECEMBER 11, 1951, YOU WERE DIRECTED TO REPORT NOT LATER THAN JANUARY 2, 1952, TO ARTILLERY SCHOOL, FORT SILL, OKLAHOMA, FOR TEMPORARY DUTY FOR APPROXIMATELY 30 DAYS. UPON COMPLETION OF SUCH DUTY YOU WERE DIRECTED TO REPORT TO WESTOVER AIR FORCE BASE, CHICOPEE FALLS, MASSACHUSETTS, NOT LATER THAN FEBRUARY 21, 1952, FOR AIR TRANSPORTATION OUTSIDE CONTINENTAL UNITED STATES FOR DUTY WITH UNITED STATES GROUP, JOINT MILITARY MISSION FOR AID TO TURKEY. TRAVEL OF DEPENDENTS WAS NOT AUTHORIZED EXCEPT BY THE APPROVAL OF THE CHIEF, UNITED STATES ARMY GROUP, AMERICAN MISSION FOR AID TO TURKEY, FOLLOWING YOUR ARRIVAL IN TURKEY. IT APPEARS THAT FOLLOWING RECEIPT OF THESE ORDERS YOU PLACED YOUR HOUSEHOLD EFFECTS IN TEMPORARY STORAGE. BY PARAGRAPH 29, DEPARTMENT OF THE ARMY SPECIAL ORDERS NO. 35, DATED FEBRUARY 18, 1952, YOU WERE RELIEVED FROM YOUR TEMPORARY DUTY ASSIGNMENT AT THE ARTILLERY CENTER, FORT SILL, OKLAHOMA, AND ASSIGNED TO PERMANENT DUTY WITH THE FAR EAST COMMAND, YOKOHOMA, JAPAN. YOU WERE DIRECTED TO REPORT NOT LATER THAN MARCH 29, 1952, FOR TRANSPORTATION THROUGH SEATTLE PORT OF EMBARKATION, SEATTLE, WASHINGTON. YOU SAY THAT AFTER RECEIPT OF THE LATTER ORDERS YOU MADE A VERBAL REQUEST TO THE TRANSPORTATION OFFICER AT FORT SILL, OKLAHOMA, FOR TRANSFER OF YOUR EFFECTS TO PERMANENT STORAGE FACILITIES, AND THAT, THEREFORE, YOU SHOULD NOT BE REQUIRED TO PAY FOR THE COST OF COMMERCIAL STORAGE.

THE JOINT TRAVEL REGULATIONS IN EFFECT DURING THE PERIOD YOUR GOODS WERE STORED DO NOT AUTHORIZE PERMANENT STORAGE OF HOUSEHOLD EFFECTS IN COMMERCIAL WAREHOUSES AT GOVERNMENT EXPENSE. PARAGRAPH 8006-2A/4) OF SUCH REGULATIONS PROVIDES THAT MEMBERS WHO ARE ORDERED TO DUTY OUTSIDE THE CONTINENTAL UNITED STATES MAY APPLY FOR NONTEMPORARY STORAGE OF THEIR HOUSEHOLD GOODS AT AN INSTALLATION OF THE SERVICE CONCERNED. THE GRANTING OF SUCH REQUEST WILL DEPEND UPON WHETHER SUCH FACILITIES ARE AVAILABLE AND IF A MEMBER'S GOODS ARE NOT ACCEPTED FOR STORAGE, EITHER BECAUSE OF NONAVAILABILITY OF STORAGE FACILITIES OR ANY OTHER REASON, SUCH AS FAILURE OF AN ADMINISTRATIVE OFFICE TO ACT OF A MEMBER'S REQUEST FOR STORAGE, THERE IS NO AUTHORITY FOR STORAGE IN COMMERCIAL FACILITIES AT GOVERNMENT EXPENSE. ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 16, 1955, WAS CORRECT AND IS SUSTAINED.

AS YOU WERE PREVIOUSLY ADVISED BY OUR CLAIMS DIVISION, WE ARE UNABLE TO COMPLY WITH YOUR REQUEST FOR THE RETURN OF THE PAPERS COMPRISING YOUR CLAIM SINCE THEY HAVE BECOME A PART OF THE PERMANENT RECORDS OF THIS OFFICE.