B-127088, APR. 27, 1956

B-127088, APR. 27, 1956

TO MAJOR CARLOS J. RICKETSON, USAF:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 2, 1956, REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 24, 1956, WHICH DISALLOWED YOUR CLAIM FOR HAULING AND STORAGE OF YOUR HOUSEHOLD EFFECTS.

BY PARAGRAPH 8, SPECIAL ORDERS NO. 94, DATED MAY 19, 1953, HEADQUARTERS,UNITED STATES AIR FORCE SECURITY SERVICE, BROOKS AIR FORCE BASE, TEXAS, YOU WERE TRANSFERRED TO DUTY OVERSEAS WITH TEMPORARY DUTY EN ROUTE AT WASHINGTON, D.C., FOR A PERIOD OF ABOUT 17 DAYS BEGINNING NOT LATER THAN JUNE 29, 1953. MOVEMENT OF YOUR DEPENDENTS TO YOUR OVERSEAS STATION WAS NOT MENTIONED IN THOSE ORDERS, AND IT IS REPORTED THAT IT WAS NOT ADMINISTRATIVELY ANTICIPATED THAT THEY WOULD BE PERMITTED TO JOIN YOU OVERSEAS WITHIN 20 WEEKS. YOU MOVED YOUR DEPENDENTS AND HOUSEHOLD EFFECTS FROM GOVERNMENT QUARTERS AT BROOKS AIR FORCE BASE TO WEST PALM BEACH, FLORIDA. YOUR HOME OF RECORD WAS AT 315 PINE TERRACE IN THAT CITY, AND YOUR HOUSEHOLD EFFECTS, WEIGHING 4,060 POUNDS, ORIGINALLY WERE DESIGNATED FOR SHIPMENT TO YOU AT THAT ADDRESS IN CARE OF W. V. EDDY. THE SHIPMENT REACHED WEST PALM BEACH ON JULY 7, 1953, AND WAS PLACED IN COMMERCIAL STORAGE ON THAT DATE. AS TO THE REASON FOR PLACING THE EFFECTS IN STORAGE, YOU STATE THAT SINCE YOU AND YOUR DEPENDENTS REACHED WEST PALM BEACH PRIOR TO ARRIVAL OF THE HOUSEHOLD GOODS, YOU RENTED FURNISHED QUARTERS FOR YOUR DEPENDENTS ON 28TH STREET. ON AUGUST 4, 1953, 800 POUNDS OF YOUR GOODS WERE REMOVED FROM STORAGE AND HAULED TO THE LATTER ADDRESS. ON OCTOBER 8, 1953, AN UNKNOWN QUANTITY LIKEWISE WAS REMOVED AND HAULED TO THAT ADDRESS. ON OCTOBER 24, 1953, 12,00 POUNDS OF HOLD BAGGAGE WERE REMOVED FROM STORAGE FOR SHIPMENT TO THE PORT OF EMBARKATION, AND THE BALANCE, WEIGHT NOT SHOWN, WAS REMOVED ON NOVEMBER 7, 1953, FOR THE SAME PURPOSE. TRANSPORTATION OF YOUR DEPENDENTS FROM WEST PALM BEACH TO YOUR OVERSEAS STATION WAS AUTHORIZED BY TRAVEL AUTHORIZATION NO. 1784, DATED SEPTEMBER 9, 1953, WHICH ALSO AUTHORIZED TRANSPORTATION OF HOUSEHOLD EFFECTS INCLUDING HOLD BAGGAGE.

THE COST OF HAULING, STORAGE, AND RELATED CHARGES ($91.53) WAS PAID BY THE DEPARTMENT OF THE AIR FORCE. HOWEVER, IT SUBSEQUENTLY WAS DETERMINED THAT PAYMENT OF THE CHARGES BY THE GOVERNMENT WAS NOT AUTHORIZED, AND THE AMOUNT PAID WAS COLLECTED FROM YOU. IN YOUR PRESENT LETTER YOU EXPRESS THE BELIEF THAT THE COST OF PICK UP OF HOLD BAGGAGE AT LEAST SHOULD BE PAID. THE CHARGES AS BILLED BY BRIGGS MOVING AND STORAGE, INCORPORATED, AS AS FOLLOWS:

TABLE

STORAGE, JULY 7 TO NOV. 7, 1953

4,060 LBS. AT $0.40 PER CWT. PER MO. $64.96

HAULING TO 28TH ST., AUG. 4, 1953

800 LBS. AT $1.25 PER CWT. 10.00

EXTRA WAREHOUSE LABOR, OCT. 8, 1953

4 HRS. AT $1.75 PER HR. 7.00

HAULING TO 28TH ST., OCT. 8, 1953,

MINIMUM TRIP 4.50

EXTRA PICK UP OF HOLD BAGGAGE, OCT. 24, 1953 4.50

TRANSPORTATION TAX (3 PERCENT OF $19) .57

$91.53

PARAGRAPH 8009-4B, JOINT TRAVEL REGULATIONS, AUTHORIZES SHIPMENT OF HOUSEHOLD EFFECTS TO A DESIGNATED LOCATION UPON ASSIGNMENT OF THE MEMBER TO A PLACE WHERE DEPENDENTS ARE NOT PERMITTED TO ACCOMPANY HIM OR TO JOIN HIM WITHIN 20 WEEKS. PARAGRAPH 8006 OF THE SAME REGULATIONS PROVIDES FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION DUE TO CIRCUMSTANCES BEYOND CONTROL OF THE OWNER, AND DURING A PERIOD SUCH AS AFTER ARRIVAL OF SHIPMENT AT DESTINATION BUT BEFORE DELIVERY OF SHIPMENT INTO QUARTERS. THE SAID PARAGRAPH REQUIRES THAT PAYMENTS FOR COMMERCIAL STORAGE BE SUPPORTED BY A CERTIFICATE OF NECESSITY FOR STORAGE. IT SPECIFICALLY PROVIDES FOR STORAGE OF HOUSEHOLD EFFECTS INTENDED FOR EVENTUAL SHIPMENT TO THE OVERSEAS STATION.

IN YOUR CASE, THE TRANSPORTATION OFFICER AT PALM BEACH INTERNATIONAL AIRPORT FURNISHED A CERTIFICATE STATING THAT GOVERNMENT STORAGE FACILITIES WERE NOT AVAILABLE AND THAT TEMPORARY STORAGE WAS NECESSARY IN CONNECTION WITH THE PERMANENT CHANGE OF STATION. THUS, PAYMENT OF PROPER CHARGES FOR STORAGE HAULING TO RESIDENCE, AND PICK UP OF HOLD BAGGAGE IS AUTHORIZED. IT IS NOTED, HOWEVER, THAT THE FULL WEIGHT WAS IN STORAGE FOR ONE MONTH ONLY AND THAT THE WEIGHT OF THE EFFECTS REMOVED FROM STORAGE AND HAULED TO YOUR RESIDENCE ON OCTOBER 8, 1953, IS NOT SHOWN. NEITHER IS THERE ANY SHOWING OF THE NECESSITY FOR STORAGE OF THOSE EFFECTS AFTER AUGUST 4, 1953. SINCE THE 800 POUNDS WERE REMOVED FROM STORAGE ON THAT DATE, IT APPEARS THAT THE SMALL ADDITIONAL QUANTITY LIKEWISE COULD HAVE BEEN REMOVED FROM STORAGE AND HAULED TO YOUR RESIDENCE ON AUGUST 4, 1953. THEREFORE, IN THE ABSENCE OF EVIDENCE ESTABLISHING THE WEIGHT OF EACH LOT OF EFFECTS REMOVED FROM STORAGE AND THAT STORAGE AFTER AUGUST 4, 1953, WAS NECESSARY DUE TO CONDITIONS BEYOND YOUR CONTROL, REIMBURSEMENT IS NOT AUTHORIZED FOR STORAGE OF THOSE EFFECTS AFTER THAT DATE. EVIDENCE AS TO WEIGHT ALONE, HOWEVER, WOULD PERMIT CONSIDERATION OF REIMBURSEMENT FOR HAULING TWO LOTS FROM STORAGE TO RESIDENCE, NOT TO EXCEED THE COST OF HAULING THE SAME WEIGHT IN ONE LOT. ALSO, IT WOULD PERMIT DETERMINATION OF THE WEIGHT OF THE OVERSEAS SHIPMENT WHICH REMAINED IN STORAGE UNTIL NOVEMBER 7, 1953. IN THE ABSENCE OF EVIDENCE ESTABLISHING THE WEIGHTS INDICATED, OR INFORMATION ON WHICH IT CAN BE COMPUTED, AND ASSUMING THAT THE HOLD BAGGAGE WAS PICKED UP FROM STORAGE, REIMBURSEMENT IS AUTHORIZED FOR THE FOLLOWING ITEMS:

TABLE STORAGE, 4,060 LBS. FOR 1 MONTH $16.24

1,200 LBS. FOR 3 MONTHS 14.40 HAULING, 800 LBS. TO 28TH ST. 10.00PICK UP OF HOLD BAGGAGE 4.50 TRANSPORTATION TAX (3 PERCENT OF

$14.50) .44

$45.58 ..END :