B-128568, AUG. 28, 1956

B-128568: Aug 28, 1956

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USAF: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 12. THE STORAGE INVOLVED WAS INCIDENT TO ORDERS DATED AUGUST 8. FOLLOWING RECEIPT OF THOSE ORDERS YOUR HOUSEHOLD EFFECTS WERE PLACED IN COMMERCIAL STORAGE IN MADISON WHERE THEY REMAINED UNTIL JANUARY 1. YOUR CLAIM FOR REIMBURSEMENT OF THE CHARGES INCURRED WAS DISALLOWED BY OUR SETTLEMENT OF APRIL 23. YOUR REQUEST FOR REVIEW OF THAT ACTION IS BASED ON THE PROPOSITION THAT YOU ACTED IN GOOD FAITH AND THAT YOU WERE ERRONEOUSLY ADVISED BY MILITARY PERSONNEL AS TO YOUR RIGHTS WHEN YOUR EFFECTS WERE PLACED IN STORAGE. SHIPMENT AND STORAGE) OF HOUSEHOLD EFFECTS OF MEMBERS OF THE ARMED SERVICES IS GOVERNED BY SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949.

B-128568, AUG. 28, 1956

TO MAJOR ROBERT R. HASE, USAF:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 12, 1956, RELATIVE TO YOUR CLAIM FOR REIMBURSEMENT FOR STORAGE OF YOUR HOUSEHOLD EFFECTS FROM AUGUST 28, 1952, TO JANUARY 1, 1954.

THE STORAGE INVOLVED WAS INCIDENT TO ORDERS DATED AUGUST 8, 1952, TRUAX FIELD, MADISON, WISCONSIN, WHICH RELEASED YOU FROM ASSIGNMENT AT TRUAX FIELD AND DIRECTED YOU TO PROCEED TO CAMP KILMER, NEW JERSEY, FOR FURTHER ASSIGNMENT TO DUTY OVERSEAS. FOLLOWING RECEIPT OF THOSE ORDERS YOUR HOUSEHOLD EFFECTS WERE PLACED IN COMMERCIAL STORAGE IN MADISON WHERE THEY REMAINED UNTIL JANUARY 1, 1954. YOUR CLAIM FOR REIMBURSEMENT OF THE CHARGES INCURRED WAS DISALLOWED BY OUR SETTLEMENT OF APRIL 23, 1956, BASED ON THE PROVISIONS OF JOINT TRAVEL REGULATIONS.

YOUR REQUEST FOR REVIEW OF THAT ACTION IS BASED ON THE PROPOSITION THAT YOU ACTED IN GOOD FAITH AND THAT YOU WERE ERRONEOUSLY ADVISED BY MILITARY PERSONNEL AS TO YOUR RIGHTS WHEN YOUR EFFECTS WERE PLACED IN STORAGE.

THE TRANSPORTATION (INCLUDING PACKING, CRATING, SHIPMENT AND STORAGE) OF HOUSEHOLD EFFECTS OF MEMBERS OF THE ARMED SERVICES IS GOVERNED BY SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AND REGULATIONS (JOINT TRAVEL REGULATIONS) PROMULGATED PURSUANT TO THAT LAW. TEMPORARY STORAGE IN COMMERCIAL FACILITIES AT PUBLIC EXPENSE IS AUTHORIZED ONLY UNDER CERTAIN SPECIFIC CIRCUMSTANCES INCIDENT TO AN ACTUAL SHIPMENT OF THE EFFECTS. STORAGE AT PUBLIC EXPENSE IS NOT AUTHORIZED WHEN THERE IS NO SHIPMENT AND THE EFFECTS ARE PLACED IN A COMMERCIAL WAREHOUSE UPON ASSIGNMENT TO DUTY OVERSEAS.

THE FACTS PRESENTED IN YOUR CLAIM DO NOT DISCLOSE THAT STORAGE OF YOUR GOODS WAS AUTHORIZED. THE FACT THAT YOU ACTED IN GOOD FAITH ON THE INFORMATION FURNISHED YOU BY AIR FORCE PERSONNEL DOES NOT CHANGE YOUR RIGHTS. HENCE, WHILE WE APPRECIATE YOUR FEELINGS IN THE MATTER, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. SUCH BEING THE CASE, THE SETTLEMENT OF APRIL 23, 1956, IS SUSTAINED.