B-128060, JUL. 25, 1956

B-128060: Jul 25, 1956

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YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM HAWTHORNE. WHEN THEY WERE REMOVED AND HAULED TO YOUR RESIDENCE AT PERSONAL EXPENSE. DELIVERY CHARGES WAS DISALLOWED BY SETTLEMENT OF MARCH 1. IN YOUR LETTER YOU SAY THAT HOUSING FACILITIES IN THE SAN FRANCISCO AREA WERE AVAILABLE AT THE TIME IN QUESTION BUT THAT SINCE YOU WERE INFORMED BY PERSONNEL AT THE HOUSEHOLD EFFECTS DEPARTMENT THAT YOU WERE ENTITLED TO SIX MONTHS' STORAGE AT GOVERNMENT EXPENSE YOU CHOSE TO LEAVE YOUR HOUSEHOLD EFFECTS IN STORAGE UNTIL COMPLETION OF YOUR HOUSE WHICH WAS UNDER CONSTRUCTION. THE TEMPORARY STORAGE OF HOUSEHOLD GOODS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY PARAGRAPH 8006-1 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949.

B-128060, JUL. 25, 1956

TO THOMAS R. PERKINS, ME2, USN:

YOUR LETTER OF MAY 7, 1956, REQUESTS REVIEW OF OUR SETTLEMENT DATED MARCH 1, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS FOR THE PERIOD MARCH 24 TO JUNE 24, 1955, AND THE COST OF HAULING YOUR EFFECTS FROM STORAGE TO YOUR RESIDENCE INCIDENT TO YOUR CHANGE OF STATION ORDERS DATED JANUARY 14, 1955.

ON JANUARY 18, 1955, YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM HAWTHORNE, NEVADA, TO OAKLAND, CALIFORNIA, ON GOVERNMENT BILL OF LADING N30636243 WITH 60 DAYS' STORAGE IN TRANSIT AUTHORIZED INCIDENT TO THE ORDERS OF JANUARY 14, 1955, WHICH TRANSFERRED YOU FROM THE UNITED STATES NAVAL AMMUNITION DEPOT, HAWTHORNE, NEVADA, TO THE UNITED STATES NAVAL SCHOOLS COMMAND, TREASURE ISLAND, SAN FRANCISCO, CALIFORNIA,FOR DUTY NOT LATER THAN FEBRUARY 3, 1955.

THE GOVERNMENT PAID FOR 60 DAYS' STORAGE OF YOUR EFFECTS UP TO MARCH 24, 1955. THE EFFECTS REMAINED IN STORAGE UNTIL JUNE 24, 1955, WHEN THEY WERE REMOVED AND HAULED TO YOUR RESIDENCE AT PERSONAL EXPENSE. YOUR CLAIM FOR STORAGE AFTER JUNE 24, 1955, AND DELIVERY CHARGES WAS DISALLOWED BY SETTLEMENT OF MARCH 1, 1956, FOR THE REASON THAT NO EVIDENCE HAD BEEN FURNISHED TO SHOW THE NONAVAILABILITY OF HOUSING FACILITIES AT YOUR STATION SUBSEQUENT TO THE EXPIRATION OF THE FIRST 60 DAYS' STORAGE. ALSO, YOU HAD NOT FURNISHED RECEIPTED BILLS.

IN YOUR LETTER YOU SAY THAT HOUSING FACILITIES IN THE SAN FRANCISCO AREA WERE AVAILABLE AT THE TIME IN QUESTION BUT THAT SINCE YOU WERE INFORMED BY PERSONNEL AT THE HOUSEHOLD EFFECTS DEPARTMENT THAT YOU WERE ENTITLED TO SIX MONTHS' STORAGE AT GOVERNMENT EXPENSE YOU CHOSE TO LEAVE YOUR HOUSEHOLD EFFECTS IN STORAGE UNTIL COMPLETION OF YOUR HOUSE WHICH WAS UNDER CONSTRUCTION. YOU ENCLOSED A RECEIPTED BILL FROM HUNT TRANSFER CO., INC., OAKLAND, CALIFORNIA, WHICH SHOWS YOU PAID THE FOLLOWING CHARGES:

TABLE

STORAGE BALANCE $84.00

DELIVERY TO RESIDENCE 112.80

TRANSPORTATION TAX 3.38

TOTAL $200.18

YOU NOW CLAIM REFUND OF THAT AMOUNT.

THE TEMPORARY STORAGE OF HOUSEHOLD GOODS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY PARAGRAPH 8006-1 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. SECTION 303 (C) OF THAT ACT PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED IN CONNECTION WITH A CHANGE OF STATION, TO ,TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS" TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH 8006-1 OF THE JOINT TRAVEL REGULATIONS IS AS FOLLOWS:

"8006-1. TEMPORARY STORAGE

"A. WHEN AUTHORIZED. WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, BECAUSE OF CONDITIONS BEYOND CONTROL OF THE MEMBER (INCLUDING BUT NOT LIMITED TO DIRECTED SURRENDER OF QUARTERS, ARRIVAL OF SHIPMENT AT DESTINATION BEFORE ARRIVAL OF MEMBER, OR NONAVAILABILITY OF HOUSING AT DESTINATION) TEMPORARY STORAGE OF HOUSEHOLD GOODS WITHIN PRESCRIBED WEIGHT ALLOWANCES IS AUTHORIZED AT GOVERNMENT EXPENSE. * * *"

UNDER THIS REGULATION A MEMBER IS RESPONSIBLE FOR THE COST OF ANY STORAGE AT DESTINATIONS UNLESS IT APPEARS THAT SUCH STORAGE WAS NECESSARY BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE OWNER. ANY CLAIM FOR REIMBURSEMENT OF STORAGE CHARGES PAID SHOULD BE SUPPORTED BY A CERTIFICATE OF A PROPERLY DESIGNATED AUTHORITY THAT STORAGE WAS NECESSARY. YOUR CLAIM IS NOT SUPPORTED BY SUCH A CERTIFICATE TO THE EFFECT THAT THE STORAGE OF YOUR EFFECTS FOR MORE THAN 60 DAYS AT YOUR DESTINATION WAS NECESSARY, NOR DOES THERE APPEAR TO HAVE BEEN AND GROUND FOR ISSUING ONE. IN FACT THE STATEMENTS IN YOUR LETTER OF MAY 7, 1956, SHOW THAT HOUSING FACILITIES IN SAN FRANCISCO AREA WERE AVAILABLE AND THAT YOU WOULD HAVE REMOVED YOUR EFFECTS IF YOU HAD KNOWN YOU WOULD BE REQUIRED TO PAY FOR THE STORAGE. THESE CIRCUMSTANCES THERE IS NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED ANY PART OF THE STORAGE COST INCURRED BY YOU. HOWEVER, SINCE IT APPEARS THAT 60 DAYS' STORAGE IN TRANSIT WAS NECESSARY, YOU ARE ENTITLED TO REIMBURSEMENT FOR THE COST OF HAULING YOUR HOUSEHOLD EFFECTS FROM THE WAREHOUSE TO YOUR RESIDENCE.

ACCORDINGLY, SETTLEMENT WILL ISSUE FOR THE CORRECT AMOUNT FOUND TO BE DUE.