B-129019, SEP 25, 1956

B-129019, SEP 25, 1956

PRECIS-UNAVAILABLE

SECRETARY OF THE NAVY:

REFERENCE IS MADE TO LETTER OF AUGUST 18, 1956, FROM THE ASSISTANT SECRETARY OF THE NAVY (PERSONNEL AND RESERVE FORCES) REQUESTING A DECISION AS TO WHETHER SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, CONTAINS AUTHORITY FOR THE PROMULGATION OF REGULATIONS WHICH WOULD AUTHORIZE STORAGE OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IN CONNECTION WITH A SERVICE MEMBER'S ASSIGNMENT TO GOVERNMENT QUARTERS.

IT IS REPORTED THAT, DUE TO THE PRESENT SHORTAGE OF GOVERNMENT HOUSING, MEMBERS IN SOME AREAS HAVE A LONG WAIT BEFORE SUCH HOUSING IS ASSIGNED TO THEM DURING WHICH TIME THEY HAVE TO RENT PRIVATE QUARTERS AND USUALLY HAVE TO FURNISH THEIR OWN FURNITURE, IN WHOLE OR IN PART. WHEN ASSIGNED TO GOVERNMENT QUARTERS WHICH ARE FURNISHED WITH GOVERNMENT FURNITURE, WHICH COMMANDING OFFICERS FREQUENTLY INSIST MUST REMAIN IN THE PUBLIC QUARTERS BECAUSE OF NON-AVAILABILITY OF STORAGE SPACE FOR THE GOVERNMENT-OWNED FURNITURE OR FOR OTHER REASONS, THE MEMBER CONCERNED IS CONFRONTED WITH THE PROBLEM OF STORING HIS OWN FURNITURE.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AUTHORIZES TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IN CONNECTION WITH A CHANGE OF STATION, INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE AND UNPACKING. ALSO, PROVISION IS MADE THEREIN FOR THE MOVEMENT OF BAGGAGE AND HOUSEHOLD EFFECTS UNDER "UNUSUAL OR EMERGENCY CIRCUMSTANCES" WHEN PERMANENT CHANGE OF STATION ORDERS HAVE NOT BEEN ISSUED, OR IF ISSUED, WHEN THEY ARE OF SUCH NATURE THAT THEY CANNOT BE USED AS AUTHORITY FOR TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE. THE AUGUST 5, 1955, AMENDMENT TO THAT ACT, 69 STAT. 532, PROVIDES THAT "NONTEMPORARY STORAGE OF BAGGAGE AND HOUSEHOLD EFFECTS MAY BE AUTHORIZED IN GOVERNMENT FACILITIES, OR IN COMMERCIAL FACILITIES WHENEVER SUCH STORAGE IS CONSIDERED TO BE MORE ECONOMICAL TO THE GOVERNMENT." IN VIEW OF THE BROAD PROVISIONS OF THE STATUTE RELATING TO THE MOVEMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE UNDER UNUSUAL CIRCUMSTANCES, WITHOUT REGARD TO A CHANGE OF STATION, AND TO NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS, IT APPEARS THAT STORAGE OF HOUSEHOLD EFFECTS MAY BE AUTHORIZED AT GOVERNMENT EXPENSE IN CONNECTION WITH AN AUTHORIZED LOCAL MOVEMENT OF SUCH EFFECTS UNDER CONDITIONS WHICH PROPERLY MAY BE REGARDED AS UNUSUAL.

IN OUR DECISION OF JULY 20, 1956, B-127865, WE RECOGNIZED THE VALIDITY OF PARAGRAPH 8010-5, JOINT TRAVEL REGULATIONS, RELATING TO DRAYAGE OF HOUSEHOLD GOODS IN CONNECTION WITH A DELAYED ASSIGNMENT TO GOVERNMENT QUARTERS, ON THE PREMISE THAT THE INSTANCES OF DELAYED ASSIGNMENT OF GOVERNMENT QUARTERS TO MEMBERS NOT INVOLVING A CONCOMITANT CHANGE OF STATION WOULD OCCUR SO INFREQUENTLY AS TO WARRANT CONSIDERING THEM "UNUSUAL" WITHIN THE MEANING OF THAT WORK AS USED IN THE STATUTE. SINCE THE PRESENT SITUATION WITH RESPECT TO EXCESS HOUSEHOLD EFFECTS PRESENT AT CERTAIN INSTALLATIONS APPARENTLY IS AN OUTGROWTH OF A CURRENTLY ACCELERATED HOUSING PROGRAM, DESIGNED TO PROMOTE THE EFFICIENCY OF THE UNIFORMED SERVICES, IT WOULD APPEAR THAT IT FALLS WITHIN THE CATEGORY OF "UNUSUAL OR EMERGENCY CIRCUMSTANCES" SO AS TO PERMIT STORAGE - WITHIN AUTHORIZED WEIGHT LIMITATIONS - OF THE FURNITURE REMOVED AT GOVERNMENT EXPENSE FROM THE PRIVATE QUARTERS OF THE MEMBERS CONCERNED AT THE TIME OF ASSIGNMENT OF GOVERNMENT QUARTERS.

IN THIS CONNECTION, IT IS NOTED THAT PARAGRAPH 8010-5, JOINT TRAVEL REGULATIONS, EXPRESSLY BARS STORAGE OF HOUSEHOLD EFFECTS ON ASSIGNMENT OR TERMINATION OF ASSIGNMENT OF GOVERNMENT QUARTERS. THE SUBMITTED QUESTION IS ANSWERED IN THE AFFIRMATIVE, AND IF THE PROPOSED REGULATIONS ARE PROMULGATED AN APPROPRIATE AMENDMENT TO PARAGRAPH 8010 5 WOULD APPEAR TO BE REQUIRED.