B-127347, JUN. 21, 1956

B-127347: Jun 21, 1956

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YOU WERE ORDERED TO ACTIVE DUTY FROM STOCKTON. FROM THAT POINT YOU WERE TRANSFERRED TO TEMPORARY DUTY AT CAMP PENDLETON. YOUR HOUSEHOLD EFFECTS AND OFFICE EQUIPMENT WERE PLACED IN COMMERCIAL STORAGE IN PHILLIPSBURG. THE STORAGE AND RELATED CHARGES WERE PAID BY YOU. YOUR CLAIM FOR REIMBURSEMENT WAS DISALLOWED BY OUR SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT THE CIRCUMSTANCES SURROUNDING THE STORAGE OF YOUR EFFECTS WERE NOT WITHIN THE SCOPE OF THE APPLICABLE REGULATIONS AND. PAYMENT BY THE GOVERNMENT OF THE CHARGES INVOLVED WAS NOT AUTHORIZED. IN YOUR PRESENT LETTER YOU STATE THAT WHEN YOU WERE ORDERED TO DUTY OVERSEAS YOU DID NOT KNOW WHAT TO DO WITH YOUR HOUSEHOLD EFFECTS AND THAT YOU WERE ADVISED "THAT THERE WAS NOTHING I COULD DO UNTIL I REACHED MY PERMANENT DUTY STATION.'.

B-127347, JUN. 21, 1956

TO LIEUTENANT WILLIAM J. SMITH, MC, USNR:

YOUR LETTER OF MARCH 8, 1956, IN EFFECT REQUESTS REVIEW OF THE SETTLEMENT OF FEBRUARY 13, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF STORING YOUR HOUSEHOLD EFFECTS FROM AUGUST 1, 1954, TO FEBRUARY 15, 1955.

BY CHIEF OF NAVAL PERSONNEL ORDERS DATED JULY 13, 1954, AND ENDORSEMENTS, YOU WERE ORDERED TO ACTIVE DUTY FROM STOCKTON, KANSAS, AND DIRECTED TO REPORT TO THE COMMANDING OFFICER, NAVAL HOSPITAL, OAKLAND, CALIFORNIA, FOR TEMPORARY DUTY PENDING FURTHER ASSIGNMENT BY THE BUREAU OF NAVAL PERSONNEL. FROM THAT POINT YOU WERE TRANSFERRED TO TEMPORARY DUTY AT CAMP PENDLETON, CALIFORNIA, AND FROM THERE TO DUTY OVERSEAS. YOUR HOUSEHOLD EFFECTS AND OFFICE EQUIPMENT WERE PLACED IN COMMERCIAL STORAGE IN PHILLIPSBURG, KANSAS. THE STORAGE AND RELATED CHARGES WERE PAID BY YOU. YOUR CLAIM FOR REIMBURSEMENT WAS DISALLOWED BY OUR SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT THE CIRCUMSTANCES SURROUNDING THE STORAGE OF YOUR EFFECTS WERE NOT WITHIN THE SCOPE OF THE APPLICABLE REGULATIONS AND, THEREFORE, PAYMENT BY THE GOVERNMENT OF THE CHARGES INVOLVED WAS NOT AUTHORIZED. IN YOUR PRESENT LETTER YOU STATE THAT WHEN YOU WERE ORDERED TO DUTY OVERSEAS YOU DID NOT KNOW WHAT TO DO WITH YOUR HOUSEHOLD EFFECTS AND THAT YOU WERE ADVISED "THAT THERE WAS NOTHING I COULD DO UNTIL I REACHED MY PERMANENT DUTY STATION.' AT THE TIME YOU RECEIVED YOUR ORDERS ASSIGNING YOU TO DUTY OVERSEAS, YOU WERE ON DUTY AT OAKLAND, CALIFORNIA, AND YOUR EFFECTS ALREADY HAD BEEN PLACED IN COMMERCIAL STORAGE.

THE CONTROLLING REGULATIONS PROVIDE FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS IN COMMERCIAL FACILITIES AT GOVERNMENT EXPENSE ONLY UNDER CERTAIN SPECIFIED CIRCUMSTANCES. NONE OF THE SITUATIONS MENTIONED IN THE REGULATIONS IS FOUND TO HAVE EXISTED IN CONNECTION WITH THE STORAGE OF YOUR EFFECTS. ACCORDINGLY, THERE IS NO AUTHORITY FOR PAYMENT OF ANY PORTION OF THE COST INCURRED INCIDENT TO THAT STORAGE AND THE SETTLEMENT OF FEBRUARY 13, 1956, IS SUSTAINED.