B-129218, OCT. 31, 1956

B-129218, OCT. 31, 1956

TO MASTER SERGEANT WILLIAM S. MINNICH, AF:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 31, 1956, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 21, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF HAULING YOUR HOUSEHOLD GOODS FROM PAXTON, ILLINOIS, TO RANTOUL, ILLINOIS, ON JULY 6, 1955, AND FOR STORAGE IN THE LATTER CITY FOR SEVEN MONTHS (JULY 6, 1955, TO FEBRUARY 6, 1956).

YOUR ACTION IN PLACING YOUR EFFECTS IN STORAGE PRECEDED ORDERS DATED AUGUST 23, 1955, UNDER WHICH YOU WERE TRANSFERRED FROM CHANUTE AIR FORCE BASE, ILLINOIS, TO WALTER REED ARMY HOSPITAL, WASHINGTON, D.C. BY ORDERS DATED NOVEMBER 28, 1955, YOU WERE TRANSFERRED FROM THE LATTER PLACE TO BOLLING AIR FORCE BASE IN THE SAME CITY, AND THENCE BY ORDERS DATED DATED DECEMBER 1, 1955, TO PINECASTLE AIR FORCE BASE, FLORIDA. THEREAFTER, YOUR EFFECTS WERE SHIPPED AT GOVERNMENT EXPENSE FROM RANTOUL, ILLINOIS, TO ORLANDO, FLORIDA. WHILE YOUR CLAIM DID NOT SPECIFY ANY AMOUNT, IT WAS ACCOMPANIED BY A RECEIPTED BILL IN THE AMOUNT OF $256.19 FOR THE HAULING AND STORAGE, AND YOU SAID THAT SINCE THE BILL DID NOT REFLECT THE FINAL MONTH OF STORAGE THE FULL AMOUNT SHOULD ACTUALLY BE $260.39. IT WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT THE MOVE TO STORAGE WAS MADE PRIOR TO CHANGE OF STATION ORDERS AND YOUR CLAIM WAS NOT SUPPORTED BY EVIDENCE OF THE TYPE REQUIRED BY CONTROLLING REGULATIONS IN THOSE INSTANCES.

IN YOUR PRESENT LETTER YOU SAY IT WAS NOT YOUR INTENTION TO CLAIM REIMBURSEMENT FOR THE COST OF HAULING YOUR EFFECTS TO STORAGE NOR FOR STORAGE PRIOR TO THE ISSUANCE OF THE ORDERS SENDING YOU TO WALTER REED ARMY HOSPITAL. ALSO, YOU SAY THAT YOU HAD A FIRM COMMITMENT FOR ADMISSION TO THAT HOSPITAL, AND MENTION VARIOUS PERSONAL OR FAMILY REASONS FOR HAVING HAD YOUR EFFECTS HAULED TO STORAGE PRIOR TO YOUR TRANSFER ORDERS.

THE TRANSPORTATION AND STORAGE OF HOUSEHOLD EFFECTS OF MEMBERS OF THE ARMED SERVICES ARE GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED UNDER SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814. THOSE REGULATIONS PROVIDE FOR TEMPORARY COMMERCIAL STORAGE OF HOUSEHOLD EFFECTS WHEN NECESSARY BECAUSE OF CIRCUMSTANCES BEYOND CONTROL OF THE MEMBER IN CONNECTION WITH AN ACTUAL SHIPMENT OF THE EFFECTS WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION. WHEN A MEMBER IS TRANSFERRED TO A HOSPITAL AS A PATIENT, THE REGULATIONS PROVIDE THAT HIS EFFECTS MAY BE SHIPPED TO THE CITY OR TOWN IN WHICH THE HOSPITAL IS LOCATED PROVIDED THAT THE COMMANDING OFFICER OF THE HOSPITAL, AFTER AN EVALUATION OF THE CASE, CERTIFIES THAT THE PERIOD OF TREATMENT IN THE HOSPITAL CAN BE EXPECTED TO BE PROLONGED. THE REGULATIONS FURTHER PROVIDE THAT SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED PRIOR TO ISSUANCE OF ORDERS, EXCEPT IN CASE OF EMERGENCY, EXIGENCY OF THE SERVICE, OR WHEN REQUIRED BY SERVICE NECESSITY, AS DETERMINED BY THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED. NO SUCH DETERMINATION WAS MADE IN YOUR CASE, AND THE ORDERS OF AUGUST 23, 1955, ISSUED AFTER THE GOODS WERE PLACED IN STORAGE DO NOT AFFECT YOUR RIGHTS INSOFAR AS THE STORAGE IS CONCERNED. ALSO, IT SEEMS CLEAR THAT NO PART OF THE STORAGE WAS AUTHORIZED SINCE IT DID NOT OCCUR AS THE RESULT OF DELAY INCIDENT TO AN ACTUAL SHIPMENT.

IT IS REGRETTED THAT THE EXPENSES INVOLVED WERE INCURRED INCIDENT TO YOUR TRANSFER TO WALTER REED HOSPITAL. HOWEVER, REIMBURSEMENT FOR COMMERCIAL STORAGE OF HOUSEHOLD EFFECTS IS AUTHORIZED ONLY IN THE CIRCUMSTANCES PRESCRIBED IN THE JOINT TRAVEL REGULATIONS. THOSE REGULATIONS CONTAIN NO PROVISION AUTHORIZING REIMBURSEMENT IN CIRCUMSTANCES SUCH AS APPEAR IN YOUR CASE. ACCORDINGLY, THE SETTLEMENT OF AUGUST 21, 1956, WAS CORRECT AND IS SUSTAINED.