B-129201, OCT. 12, 1956

B-129201: Oct 12, 1956

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TO THE SECRETARY OF THE NAVY: FURTHER REFERENCE IS MADE TO LETTER OF SEPTEMBER 6. IT IS STATED THAT THERE ARE INSTANCES IN WHICH A MEMBER. WILL REQUIRE CONSECUTIVE STORAGE AND SHIPMENT. AN EXAMPLE IS CITED OF A MEMBER TRANSFERRED OVERSEAS. IT IS STATED FURTHER THAT. THE SERVICES HAVE. THAT SOME DOUBT IS CAST UPON THE AUTHORITY OF THE SECRETARIES TO PRESCRIBE SUCH ENTITLEMENT UNDER THE ACT OF AUGUST 5. SHOWS THAT SUCH LEGISLATION WAS PROPOSED AS AN ECONOMY MEASURE. THE ECONOMIES WERE TO BE ACCOMPLISHED BY SAVINGS IN PACKING AND SHIPPING COSTS. EXAMPLES WERE CITED OF ASSIGNMENTS OF MEMBERS TO DUTY OVERSEAS. NONTEMPORARY STORAGE OF EFFECTS WAS NOT AUTHORIZED AT GOVERNMENT EXPENSE IN COMMERCIAL FACILITIES.

B-129201, OCT. 12, 1956

TO THE SECRETARY OF THE NAVY:

FURTHER REFERENCE IS MADE TO LETTER OF SEPTEMBER 6, 1956, FROM THE ASSISTANT SECRETARY OF THE NAVY (PERSONNEL AND RESERVE FORCES), CONCERNING A PROBLEM WHICH HAS ARISEN IN CONNECTION WITH THE PRESCRIBING OF REGULATIONS TO IMPLEMENT THE ACT OF AUGUST 5, 1955, 69 STAT. 532,CONCERNING NONTEMPORARY STORAGE OF BAGGAGE AND HOUSEHOLD EFFECTS.

SPECIFICALLY, IT IS STATED THAT THERE ARE INSTANCES IN WHICH A MEMBER, UPON RECEIPT OF PERMANENT CHANGE OF STATION ORDERS WHICH CARRY WITH THEM ENTITLEMENT TO STORAGE AND SHIPMENT OF A MEMBER'S HOUSEHOLD GOODS, WILL REQUIRE CONSECUTIVE STORAGE AND SHIPMENT. AN EXAMPLE IS CITED OF A MEMBER TRANSFERRED OVERSEAS, WHEN IT MAY BE NECESSARY TO STORE HIS EFFECTS FOR VARYING PERIODS OF TIME PRIOR TO SHIPMENT OVERSEAS. IT IS STATED FURTHER THAT, WHERE STORAGE HAS BEEN IN AVAILABLE GOVERNMENT FACILITIES, THE SERVICES HAVE, FOR SOME YEARS, GRANTED THE RIGHT TO CONSECUTIVE STORAGE AND SHIPMENT, BUT THAT SOME DOUBT IS CAST UPON THE AUTHORITY OF THE SECRETARIES TO PRESCRIBE SUCH ENTITLEMENT UNDER THE ACT OF AUGUST 5, 1955, AMENDING SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, BY THE PROVISION IN THAT ACT AS FOLLOWS:

"* * * THAT IN NO INSTANCE SHALL THE WEIGHT STORED PLUS THE WEIGHT TRANSPORTED IN CONNECTION WITH A CHANGE OF STATION EXCEED THE MAXIMUM WEIGHT LIMITATION FIXED BY REGULATIONS PROMULGATED BY THE RESPECTIVE SECRETARIES WHERE NOT OTHERWISE FIXED BY LAW: * * *"

AN EXAMINATION OF THE LEGISLATIVE HISTORY OF THE ACT OF AUGUST 5, 1955, SHOWS THAT SUCH LEGISLATION WAS PROPOSED AS AN ECONOMY MEASURE. THE ECONOMIES WERE TO BE ACCOMPLISHED BY SAVINGS IN PACKING AND SHIPPING COSTS. EXAMPLES WERE CITED OF ASSIGNMENTS OF MEMBERS TO DUTY OVERSEAS. UNDER THE PROVISIONS OF SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949 PRIOR TO ITS AMENDMENT BY THE ACT OF AUGUST 5, 1955, NONTEMPORARY STORAGE OF EFFECTS WAS NOT AUTHORIZED AT GOVERNMENT EXPENSE IN COMMERCIAL FACILITIES. HOWEVER, SUCH STORAGE WAS PERMITTED AT AN INSTALLATION OF THE SERVICE CONCERNED TO THE EXTENT THAT FACILITIES WERE AVAILABLE, AS PROVIDED IN PARAGRAPH 8006-2 OF THE JOINT TRAVEL REGULATIONS. IT IS UNDERSTOOD THAT IN SUCH CASES HOUSEHOLD EFFECTS ARE COMPLETELY PACKED AND CRATED IN ORDER TO WITHSTAND TRANSPORTATION TO THE GOVERNMENT STORAGE DEPOT--- OFTEN LOCATED AT PLACES SOME DISTANCE FROM THE MEMBER'S STATION-- - AND TO FACILITATE PROPER STORAGE AND FULL USE OF STORAGE SPACE AT THE DEPOT. A LARGE PART OF THE COST OF SUCH EXPENSES OF PACKING AND CRATING WAS EXPECTED TO BE SAVED IN AUTHORIZING NONTEMPORARY STORAGE IN COMMERCIAL FACILITIES LOCATED AT OR NEAR THE MEMBER'S OLD STATION, SINCE ONLY A MINOR AMOUNT OF PACKING AND CRATING IS REQUIRED FOR HAULING TO LOCAL COMMERCIAL STORAGE. FURTHER SAVINGS IN TRANSPORTATION COSTS WERE EXPECTED TO ACCRUE IN CASES WHERE THE GOVERNMENT STORAGE DEPOT WAS NOT LOCATED IN A DIRECT LINE BETWEEN THE OLD STATION AND THE NEW STATION IN THE UNITED STATES TO WHICH THE MEMBER WOULD BE ASSIGNED AFTER TERMINATION OF HIS DUTY OVERSEAS, SINCE ULTIMATE SHIPMENT WOULD BE MADE ONLY FROM THE OLD TO THE NEW STATION. IF REGULATIONS WERE PROMULGATED UNDER THE ACT OF AUGUST 5, 1955, WHICH WOULD PERMIT A MEMBER TO STORE HIS FULL WEIGHT LIMITATION OF HOUSEHOLD EFFECTS IN COMMERCIAL STORAGE FACILITIES AND LATER SHIP SUCH EFFECTS AT GOVERNMENT EXPENSE TO A NEW STATION OVERSEAS, HIS EFFECTS WOULD HAVE TO BE COMPLETELY PACKED AND CRATED AND NOT ONLY WOULD THE ANTICIPATED SAVINGS IN PACKING AND CRATING COSTS BE LOST, BUT THE GOVERNMENT ALSO WOULD HAVE TO BEAR THE COSTS OF COMMERCIAL STORAGE AND OF THE MINOR PACKING AND CRATING REQUIRED AS AN INCIDENT OF SUCH COMMERCIAL STORAGE.

IN VIEW OF THE LEGISLATIVE HISTORY AND THE LANGUAGE OF THE STATUTE EXPRESSLY PROVIDING THAT IN NO INSTANCE SHALL THE WEIGHT STORED PLUS THE WEIGHT TRANSPORTED IN CONNECTION WITH A CHANGE OF STATION EXCEED THE MAXIMUM WEIGHT LIMITATION, THE CONCLUSION SEEMS REQUIRED THAT THE STATUTE PERMITS CONSECUTIVE STORAGE AND SHIPMENT OF THE SAME EFFECTS ONLY WHEN THE WEIGHT ORIGINALLY STORED PLUS THE WEIGHT SHIPPED DOES NOT EXCEED THE MAXIMUM WEIGHT LIMITATION FOR THE MEMBER CONCERNED.

IN HIS LETTER OF MAY 11, 1955, TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE SECRETARY OF THE ARMY MENTIONED THAT NONTEMPORARY STORAGE OF HOUSEHOLD GOODS IS NECESSARY WHEN MILITARY PERSONNEL ARE ASSIGNED TO DUTY OVERSEAS, PARTICULARLY IN THOSE CASES WHERE MOVEMENT OF HOUSEHOLD GOODS TO THE OVERSEAS STATION IS PROHIBITED (TEMPORARILY) FOR MILITARY OR OTHER REASONS, AND HE REFERRED PARTICULARLY TO THE SITUATION WHERE OVERSEAS SHIPMENTS ARE NOT MADE UNTIL THERE HAS BEEN A DETERMINATION AS TO WHAT FURNITURE WILL BE NEEDED AT THE OVERSEAS STATION. PERMITTING NONTEMPORARY STORAGE, THE 1955 ACT WILL SAVE--- AS STATED BY THE ASSISTANT SECRETARY--- THE COSTS OF SHIPPING UNNECESSARY ITEMS WHERE PARTIALLY FURNISHED QUARTERS ARE AVAILABLE AT THE OVERSEAS STATION. SIMILARLY, IN THE HEARINGS ON H.R. 6277--- LATER ENACTED INTO LAW AS THE ACT OF AUGUST 5, 1955--- BEFORE SUBCOMMITTEE NO. 2 OF THE COMMITTEE ON ARMED FORCES, HOUSE OF REPRESENTATIVES, THERE WAS DISCUSSED (PAGES 4167, 4168, 4170 AND 4171) THE EXAMPLE OF A MEMBER ASSIGNED TO DUTY OVERSEAS WHO COULD NOT TAKE HIS DEPENDENTS WITH HIM DUE TO THE FACT THAT NO QUARTERS WERE AVAILABLE. IT APPARENTLY WAS AGREED THAT IF THE MEMBER ELECTED TO STORE HIS EFFECTS IN COMMERCIAL FACILITIES AT HIS OLD STATION UNDER THE THEN PROPOSED LEGISLATION, AND HIS WIFE WENT TO CALIFORNIA TO STAY WITH HER MOTHER UNTIL SHE COULD JOIN HIM OVERSEAS, UPON PROCEEDING TO HIS NEW STATION SHE COULD WITHDRAW FROM SUCH COMMERCIAL STORAGE FOR SHIPMENT OVERSEAS ONLY THAT PART OF THE STORED HOUSEHOLD EFFECTS AS WAS NEEDED AT THE NEW STATION, AND THAT SUCH PROCEDURE WOULD BE IMPRACTICAL IF SUCH EFFECTS WERE STORED IN A GOVERNMENT FACILITY. HOWEVER, IN NEITHER THE SECRETARY'S LETTER NOR IN THE ABOVE DISCUSSION WAS THE EFFECT OF THE WEIGHT LIMITATION PROVISION OF THE PROPOSED LEGISLATION ON THE EXAMPLES INVOLVED DISCUSSED OR CONSIDERED. IT IS OUR VIEW THAT SO FAR AS THE 1955 ACT IS CONCERNED, SUCH STORAGE AND SHIPMENT OVERSEAS WOULD HAVE TO BE WITHIN THE APPLICABLE WEIGHT LIMITATIONS.

THIS DOES NOT MEAN THAT THE COMBINED WEIGHT OF EFFECTS STORED AND SHIPPED IN CONNECTION WITH CONSECUTIVE STORAGE AND SHIPMENT OF THE SAME EFFECTS MUST BE WITHIN THE MAXIMUM WEIGHT LIMITATIONS IN ALL INSTANCES. THE RIGHT TO TRANSPORTATION OF HOUSEHOLD EFFECTS ON CHANGE OF STATION INCLUDES A RIGHT UNDER SECTION 303 (C) OF THE CAREER COMPENSATION ACT TO TEMPORARY STORAGE FOR A MAXIMUM PERIOD FIXED BY REGULATIONS AS SIX MONTHS, AND THE SAME EFFECTS, WITHIN THE PRESCRIBED WEIGHT LIMITATIONS, MAY BE BOTH STORED AND SHIPPED. THE 1955 AMENDATORY ACT DID NOT AFFECT SUCH RIGHTS. TEMPORARY STORAGE OF HOUSEHOLD EFFECTS IN COMMERCIAL FACILITIES AT THE OLD STATION IS AUTHORIZED UNDER PARAGRAPH 8006-1 OF THE JOINT TRAVEL REGULATIONS, WHEN MORE ADVANTAGEOUS TO THE GOVERNMENT THAN STORAGE IN GOVERNMENT FACILITIES, IN CASES WHERE SUCH STORAGE IS NECESSARY BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE MEMBER, INCLUDING CASES WHERE SHIPMENT OF EFFECTS IS PROHIBITED FOR A LIMITED TIME TO OVERSEAS STATIONS. THE SAME EFFECTS MAY BE SHIPPED TO THE NEW STATION WHEN CONDITIONS SO CHANGE AS TO PERMIT SUCH SHIPMENT. SINCE THE 1955 ACT PERMITS NONTEMPORARY STORAGE IN COMMERCIAL FACILITIES AT THE OLD STATIONS WHEN SUCH STORAGE IS CONSIDERED TO BE MORE ECONOMICAL TO THE GOVERNMENT, IT APPEARS THAT RIGHTS TO TEMPORARY AND NONTEMPORARY STORAGE PARALLEL EACH OTHER TO SOME EXTENT. IN THE EXAMPLES CITED IN THE SECRETARY'S LETTER OF MAY 11, 1955, AND IN THE SUBCOMMITTEE DISCUSSION, AND IN ALL CASES WHEN CONCURRENT SHIPMENT OF HOUSEHOLD EFFECTS IS NOT AUTHORIZED, IT APPEARS THAT THE CONDITIONS WHICH NECESSITATE STORAGE AT THE OLD STATION WOULD BE BEYOND THE CONTROL OF THE MEMBER CONCERNED. WHEN SUCH CONDITIONS SUBSEQUENTLY CHANGE AND SHIPMENT IS AUTHORIZED, NO REASON IS PERCEIVED WHY SUCH HOUSEHOLD EFFECTS AS ARE ACTUALLY SHIPPED OVERSEAS WITHIN SIX MONTHS AFTER THEY WERE PLACED IN STORAGE--- WHICH WE BELIEVE REASONABLY MAY BE REGARDED AS AMPLE TIME IN WHICH TO DETERMINE A MEMBER'S FURNITURE NEEDS AT HIS OVERSEAS STATION--- COULD NOT BE REGARDED AS STORED UNDER THE TEMPORARY STORAGE PROVISIONS OF SECTION 303 (C) OF THE CAREER COMPENSATION ACT.