B-128785, AUG. 30, 1956

B-128785: Aug 30, 1956

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USAF: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 5. YOU WERE RELEASED FROM ASSIGNMENT AND DUTY AT KIRTLAND AIR FORCE BASE. WERE HAULED FROM YOUR RESIDENCE IN ALBUQUERQUE TO A COMMERCIAL WAREHOUSE IN THE SAME CITY. AT WHICH TIME THEY WERE HAULED TO YOUR PRESENT RESIDENCE. WAS MADE FOR THE STORAGE AND SUBSEQUENT DRAYAGE. IN YOUR PRESENT LETTER YOU INDICATE THAT YOU ARE HOLDING THE CHECK IN THE SUM OF $221.95 PENDING INFORMATION AS TO WHETHER THE LATTER PORTION OF YOUR CLAIM WAS DISAPPROVED BY THE COURT OF CLAIMS OR AT A LOWER LEVEL. THE HOUSEHOLD EFFECTS OF A MEMBER ARE PLACED IN COMMERCIAL STORAGE AT POINT OF ORIGIN WITH THE INTENTION OF MAKING SHIPMENT UNDER SUCH ORDERS. NO SHIPMENT IS EFFECTED.

B-128785, AUG. 30, 1956

TO COLONEL EDWARD M. GAVIN, USAF:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 5, 1956, IN EFFECT REQUESTING REVIEW OF THAT PART OF THE SETTLEMENT OF JUNE 12, 1956, WHICH DISALLOWED YOUR CLAIM FOR THE STORAGE OF YOUR HOUSEHOLD EFFECTS FOR 11 MONTHS, AND FOR THE COST OF HAULING THEM FROM A WAREHOUSE TO YOUR RESIDENCE IN ALBUQUERQUE, NEW MEXICO, INCIDENT TO YOUR RETIREMENT.

BY ORDERS DATED SEPTEMBER 24, 1954, YOU WERE RELEASED FROM ASSIGNMENT AND DUTY AT KIRTLAND AIR FORCE BASE, NEW MEXICO, RETIRED EFFECTIVE SEPTEMBER 30, 1954, AND DIRECTED TO PROCEED TO YOUR HOME. ON NOVEMBER 16, 1954, YOUR HOUSEHOLD EFFECTS, WEIGHING 6,080 POUNDS, WERE HAULED FROM YOUR RESIDENCE IN ALBUQUERQUE TO A COMMERCIAL WAREHOUSE IN THE SAME CITY, AND PACKED FOR STORAGE. THOSE EFFECTS, PLUS AN ADDITIONAL 3,940 POUNDS WHICH HAD BEEN THERE SINCE OCTOBER 1952, REMAINED IN STORAGE UNTIL SEPTEMBER 30, 1955, AT WHICH TIME THEY WERE HAULED TO YOUR PRESENT RESIDENCE. YOUR CLAIM COVERS THE COST OF HAULING AND PACKING 6,080 POUNDS, STORAGE OF 10,020 POUNDS FROM NOVEMBER 16, 1954, TO SEPTEMBER 30, 1955, AND DRAYAGE OF THE LATTER QUANTITY FROM STORAGE TO RESIDENCE. THE SETTLEMENT MENTIONED ABOVE ALLOWED $221.95 AS REIMBURSEMENT FOR THE HAULING AND PACKING MENTIONED. NO PAYMENT, HOWEVER, WAS MADE FOR THE STORAGE AND SUBSEQUENT DRAYAGE. IN YOUR PRESENT LETTER YOU INDICATE THAT YOU ARE HOLDING THE CHECK IN THE SUM OF $221.95 PENDING INFORMATION AS TO WHETHER THE LATTER PORTION OF YOUR CLAIM WAS DISAPPROVED BY THE COURT OF CLAIMS OR AT A LOWER LEVEL.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT, UNDER SUCH REGULATIONS AS THE SECRETARIES MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE AND TEMPORARY STORAGE) OF HOUSEHOLD EFFECTS TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT SECTION PROVIDE FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS IN COMMERCIAL FACILITIES FOR PERIODS NOT TO EXCEED SIX MONTHS WHEN NECESSARY DUE TO CONDITIONS BEYOND THE CONTROL OF THE OWNER IN CONNECTION WITH TRANSPORTATION OF THE EFFECTS. BY DECISIONS B-117876, DATED APRIL 16, 1954 (33 COMP. GEN. 470), WE ADVISED THE SECRETARY OF THE NAVY THAT WHEN, INCIDENT TO A PERMANENT CHANGE OF STATION, THE HOUSEHOLD EFFECTS OF A MEMBER ARE PLACED IN COMMERCIAL STORAGE AT POINT OF ORIGIN WITH THE INTENTION OF MAKING SHIPMENT UNDER SUCH ORDERS, AND NO SHIPMENT IS EFFECTED, NO PART OF SUCH STORAGE MAY BE REGARDED AS TEMPORARY STORAGE AT GOVERNMENT EXPENSE IRRESPECTIVE OF THE MEMBER'S INTENTIONS AT TIME OF STORAGE; ALSO, THAT WHEN THE FORMER PERMANENT STATION AND THE HOME SELECTED BY THE MEMBER UPON RETIREMENT ARE IN THE SAME METROPOLITAN AREA, INTRACITY DRAYAGE MAY NOT BE CONSIDERED SHIPMENT SO AS TO AUTHORIZE TEMPORARY STORAGE INCIDENT TO SUCH DRAYAGE.

SINCE YOUR EFFECTS (6,080 POUNDS) WERE HAULED TO STORAGE INCIDENT TO YOUR RETIREMENT, AND NO SHIPMENT WAS MADE (YOUR HOME UPON RETIREMENT BEING IN THE SAME CITY), IT SEEMS CLEAR, UNDER THE DECISION MENTIONED ABOVE, THAT NO PART OF THE STORAGE CHARGES MAY BE PAID FROM PUBLIC FUNDS. THE SUBSEQUENT DRAYAGE OF THOSE EFFECTS FROM STORAGE TO RESIDENCE, A SECOND INTRACITY MOVE UNDER THE SAME ORDERS, LIKEWISE IS NOT FOR ALLOWANCE. WITH RESPECT TO THE ADDITIONAL QUANTITY OF 3,940 POUNDS, HOWEVER, SINCE IT APPEARS THAT ONLY THE MOVEMENT OF THOSE EFFECTS INCIDENT TO YOU RETIREMENT WAS THE DRAYAGE FROM STORAGE TO RESIDENCE, YOU ARE ENTITLED TO REIMBURSEMENT FOR THAT MOVE. A SETTLEMENT FOR THE AMOUNT DUE WILL ISSUE IN DUE COURSE.

YOUR CLAIM DOES NOT APPEAR TO HAVE BEEN CONSIDERED BY THE COURT OF CLAIMS. ACTIONS IN THAT COURT ARE INITIATED BY PARTICULAR CLAIMANTS DESIRING TO LITIGATE THEIR CLAIMS AND IT DOES NOT APPEAR THAT YOU HAVE FILED A PETITION FOR THAT PURPOSE.