B-130386, FEB. 15, 1957

B-130386: Feb 15, 1957

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GREEN: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 29. YOU WERE ORDERED TO PROCEED TO YOUR HOME. THE ORDERS ALSO PROVIDED THAT ON THE LATTER DATE YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT THAT STATION AND HONORABLY DISCHARGED FROM THE SERVICE BY REASON OF PHYSICAL DISABILITY. AT YOUR REQUEST YOUR HOUSEHOLD EFFECTS WERE PLACED IN COMMERCIAL STORAGE AT SAN ANTONIO. THEY WERE SHIPPED ON GOVERNMENT BILL OF LADING TO WEST PALM BEACH. IN THE AMOUNT OF $168.22 WERE PAID BY YOU. YOU CONTEND THAT YOU ARE ENTITLED TO THE ALLOWANCE OF YOUR CLAIM ON THE BASIS OF PARAGRAPH 8006. IN PRIOR LETTERS YOU SAY YOU WERE ADVISED THAT YOU WOULD BE FURNISHED STORAGE FOR NOT TO EXCEED SIX MONTHS. THE STORAGE OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES AT THE TIME OF YOUR DISCHARGE WAS GOVERNED BY PARAGRAPH 8006.

B-130386, FEB. 15, 1957

TO MR. EDGAR F. GREEN:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 29, 1956, REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 26, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS FROM MAY 10, TO SEPTEMBER 23, 1954, INCIDENT TO YOUR SERVICE AS A CAPTAIN, UNITED STATES AIR FORCE.

BY ORDERS OF APRIL 28, 1954, AND AMENDATORY ORDERS OF MAY 6, 1954, LACKLAND AIR FORCE BASE, SAN ANTONIO, TEXAS, YOU WERE ORDERED TO PROCEED TO YOUR HOME, WEST PALM BEACH, FLORIDA, ON MAY 10, 1954, SO AS TO ARRIVE THERE ON MAY 15, 1954. THE ORDERS ALSO PROVIDED THAT ON THE LATTER DATE YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT THAT STATION AND HONORABLY DISCHARGED FROM THE SERVICE BY REASON OF PHYSICAL DISABILITY. AT YOUR REQUEST YOUR HOUSEHOLD EFFECTS WERE PLACED IN COMMERCIAL STORAGE AT SAN ANTONIO, TEXAS, ON MAY 10, 1954, THERE BEING NO GOVERNMENT STORAGE FACILITIES AVAILABLE. THE GOODS REMAINED IN STORAGE UNTIL SEPTEMBER 23, 1954, ON WHICH DATE, IN ACCORDANCE WITH YOUR REQUEST, THEY WERE SHIPPED ON GOVERNMENT BILL OF LADING TO WEST PALM BEACH, FLORIDA, FOR WHICH SHIPMENT THE GOVERNMENT HAS MADE PAYMENT. STORAGE CHARGES FOR THE PERIOD MAY 10 THROUGH SEPTEMBER 23, 1954, IN THE AMOUNT OF $168.22 WERE PAID BY YOU. THE LETTER OF FEBRUARY 27, 1956, YOU CONTEND THAT YOU ARE ENTITLED TO THE ALLOWANCE OF YOUR CLAIM ON THE BASIS OF PARAGRAPH 8006, SUBPARAGRAPH 2 (B) 1 AND 6, JOINT TRAVEL REGULATIONS. IN PRIOR LETTERS YOU SAY YOU WERE ADVISED THAT YOU WOULD BE FURNISHED STORAGE FOR NOT TO EXCEED SIX MONTHS.

THE STORAGE OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES AT THE TIME OF YOUR DISCHARGE WAS GOVERNED BY PARAGRAPH 8006, CHANGE 22, DATED APRIL 1, 1954, JOINT TRAVEL REGULATIONS. SUBPARAGRAPH 1 OF THAT PARAGRAPH RELATES TO TEMPORARY STORAGE OF SUCH EFFECTS AND SUBPARAGRAPH 2 TO THEIR NONTEMPORARY STORAGE. SUBPARAGRAPH 1 PROVIDES THAT WHEN NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, AND DUE TO CONDITIONS BEYOND CONTROL OF THE OWNER, TEMPORARY STORAGE OF HOUSEHOLD GOODS NOT TO EXCEED SIX MONTHS MAY BE AUTHORIZED AT GOVERNMENT EXPENSE (1) AFTER PICKUP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH FROM CARRIER'S STATION AT POINT OF ORIGIN, (2) WHILE SHIPMENT IS IN TRANSIT OR EN ROUTE AND STORAGE IS NOT FURNISHED FREE BY THE CARRIER, OR (3) AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION STATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS. NO CERTIFICATE HAS BEEN FURNISHED THAT THE STORAGE WAS DUE TO CIRCUMSTANCES BEYOND YOUR CONTROL NOR DOES IT APPEAR THAT THE STORAGE WAS NECESSARY INCIDENT TO A SHIPMENT CURRENTLY IN PROCESS OR IN IMMEDIATE PROSPECT, AS CONTEMPLATED BY THE REGULATIONS. RATHER, IT APPEARS THAT THE GOODS WERE MERELY PLACED IN STORAGE AT YOUR REQUEST PENDING SUCH FUTURE DISPOSITION AS YOU MIGHT DESIRE. PARAGRAPH 8006-1 OF THE REGULATIONS DOES NOT AUTHORIZE REIMBURSEMENT OF TEMPORARY STORAGE CHARGES IN SUCH CIRCUMSTANCES. 32 COMP. GEN. 410.

PARAGRAPH 8006, SUBPARAGRAPH 2A, AUTHORIZED THE FILING OF AN APPLICATION FOR NONTEMPORARY STORAGE UPON SEPARATION FOR PHYSICAL DISABILITY. THE SUBPARAGRAPH ALSO PROVIDED THAT "THE GRANTING OF A REQUEST WILL DEPEND UPON WHETHER FACILITIES ARE AVAILABLE AND ANY STORAGE FURNISHED WILL BE SUBJECT TO THE TIME LIMIT PRESCRIBED BY SUBPARA. B.' SUBPARAGRAPHS B1 AND B6, TO WHICH YOU REFER, AUTHORIZED SUCH STORAGE FOR NOT TO EXCEED ONE YEAR FROM DATE OF RETIREMENT, INCLUDING TEMPORARY DISABILITY RETIREMENT, OR DISCHARGE FOR PHYSICAL DISABILITY.

IN VIEW OF THE PROVISION OF PARAGRAPH 8006 2A THAT HOUSEHOLD EFFECTS WERE TO BE PLACED IN NONTEMPORARY STORAGE ONLY WHEN GOVERNMENT FACILITIES WERE AVAILABLE, IT IS CLEAR THAT WHEN SUCH FACILITIES WERE NOT AVAILABLE AND THE EFFECTS WERE PLACED IN COMMERCIAL STORAGE THERE IS NOT AUTHORITY UNDER THE REGULATIONS THEN IN EFFECT FOR PAYMENT OF ANY PORTION OF THE COST INCURRED, NOTWITHSTANDING ANY ADVICE YOU MAY HAVE RECEIVED TO THE CONTRARY. 33 COMP. GEN. 306.

ACCORDINGLY, THE SETTLEMENT OF JANUARY 26, 1956, WAS CORRECT AND IS SUSTAINED.