B-127738, JUL. 5, 1956

B-127738, JUL. 5, 1956

TO MR. PAUL B. KLATTE:

YOUR LETTER OF APRIL 5, 1956, REQUESTS REVIEW OF OUR SETTLEMENT DATED FEBRUARY 10, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE EXCESS STORAGE CHARGES OF YOUR HOUSEHOLD EFFECTS, INCIDENT TO YOUR ASSIGNMENT TO ACTIVE DUTY.

BY PARAGRAPH 72, SPECIAL ORDERS NO. 140, DATED JULY 20, 1953, YOU WERE RELIEVED FROM ASSIGNMENT TO THE STUDENT DETACHMENT MEDICAL FIELD SERVICE SCHOOL, BROOKE AIR MATERIEL COMMAND, ARMY MEDICAL CENTER, FORT SAM HOUSTON, TEXAS, AND ASSIGNED TO CAMP KILMER PERSONNEL CENTER, NEW BRUNSWICK, NEW JERSEY, FOR FURTHER ASSIGNMENT TO USA EUROPE, BREMERHAVEN, GERMANY.

YOUR HOUSEHOLD EFFECTS WERE PACKED AND SHIPPED FROM YOUR RESIDENCE IN DETROIT TO JOHN F. IVORY STORAGE CO., INC., IN DETROIT FOR COMMERCIAL STORAGE. THE GOVERNMENT PAID STORAGE CHARGES IN THE SUM OF $125.70 ON YOUR HOUSEHOLD EFFECTS FOR A TOTAL PERIOD OF SIX MONTHS. YOUR HOUSEHOLD EFFECTS WERE NOT SHIPPED OVERSEAS BUT WERE TRANSFERRED TO PERMANENT STORAGE IN GOVERNMENT FACILITIES AFTER YOU PAID ADDITIONAL STORAGE CHARGES IN THE SUM OF $84 FOR STORAGE IN EXCESS OF SIX MONTHS. YOU NOW CLAIM REIMBURSEMENT OF THAT AMOUNT.

PARAGRAPH 8006-1 OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AUTHORIZES TEMPORARY STORAGE NOT TO EXCEED SIX MONTHS INCIDENT TO TRANSPORTATION OF HOUSEHOLD EFFECTS WHEN NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION IF SUCH STORAGE ARISES:

"1. AFTER PICKUP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH OF SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN;

"2. WHILE SHIPMENT IS IN TRANSIT OR EN ROUTE, THE STORAGE IS NOT FURNISHED FREE OF CHARGE BY CARRIER CONCERNED;

"3. AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION STATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS.'

STORAGE COSTS ON WEIGHT IN EXCESS OF PRESCRIBED ALLOWANCES OR FOR TIME IN EXCESS OF SIX MONTHS ARE TO BE BORNE BY THE OWNER.

ALSO TEMPORARY STORAGE OF GOODS SPECIFIED BY A MEMBER TO BE SHIPPED OVERSEAS IS AUTHORIZED INCIDENT TO AN ASSIGNMENT OUTSIDE THE UNITED STATES WHEN CONCURRENT SHIPMENT IS NOT AUTHORIZED AND WHEN GOVERNMENT STORAGE IS NOT AVAILABLE.

YOU HAVE INDICATED THAT YOU DID NOT KNOW WHAT PORTION, IF ANY, OF YOUR GOODS WOULD BE TAKEN OVERSEAS AND YOU HAVE STATED THAT NONE ACTUALLY WAS SENT TO YOUR OVERSEAS STATION. IT, THEREFORE, IS DOUBTFUL THAT STORAGE WAS AUTHORIZED FOR ANY GOODS AS HAVING BEEN DESIGNATED FOR OVERSEAS SHIPMENT. IT DOES NOT APPEAR FROM THE PRESENT RECORD THAT THE GOODS WERE TRANSPORTED OTHER THAN TO STORAGE AND HENCE IT IS ALSO DOUBTFUL THAT STORAGE AT GOVERNMENT EXPENSE WAS AUTHORIZED UNDER ANY OF THE THREE CATEGORIES LISTED ABOVE. A RIGHT TO TEMPORARY STORAGE UNDER THE CIRCUMSTANCES LISTED IN THOSE CATEGORIES CAN ARISE ONLY INCIDENT TO TRANSPORTATION OF THE EFFECTS.

ACCORDINGLY, ON THE PRESENT RECORD, THERE IS NO BASIS FOR ALLOWANCE OF YOUR CLAIM.