B-131151, AUG. 6, 1957
Highlights
USN: REFERENCE IS MADE TO YOUR LETTER OF MAY 8. YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION BY SETTLEMENT DATED FEBRUARY 4. IN YOUR LETTER YOU SAY "IF MY STORAGE AT COLUMBUS WAS NOT TEMPORARY. AT THE TIME YOUR EFFECTS WERE IN STORAGE PARAGRAPH 8006-2 OF THE JOINT TRAVEL REGULATIONS. PROVIDED THAT WHERE STORAGE OF HOUSEHOLD EFFECTS WAS DESIRED UPON ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES THEY MIGHT BE PLACED IN NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES IF SUCH FACILITIES WERE AVAILABLE. SUCH RIGHT TO STORAGE IN GOVERNMENT FACILITIES WAS NOT A STATUTORY RIGHT BUT WAS MERELY A PRIVILEGE ACCRUED OFFICERS TO THE EXTENT THAT SUCH FACILITIES WERE AVAILABLE WHEN STORAGE WAS REQUESTED.
B-131151, AUG. 6, 1957
TO LIEUTENANT LOUDIN J. BRAN, USN:
REFERENCE IS MADE TO YOUR LETTER OF MAY 8, 1957, CONCERNING YOUR CLAIM FOR REIMBURSEMENT FOR THE STORAGE CHARGES OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR CHANGE OF STATION ORDERS DATED MARCH 11, 1952. YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION BY SETTLEMENT DATED FEBRUARY 4, 1957.
PURSUANT TO YOUR REQUEST OF FEBRUARY 21, 1957, WE CAREFULLY REVIEWED THE MATTER AND IN OUR DECISION, B-131151, DATED APRIL 22, 1957, WE SUSTAINED THE SETTLEMENT OF FEBRUARY 4, 1957. IN YOUR LETTER YOU SAY "IF MY STORAGE AT COLUMBUS WAS NOT TEMPORARY, THEN WASN-T IT PERMANENT AND THEREFORE A JUSTIFIABLE GOVERNMENT EXPENSE.'
AT THE TIME YOUR EFFECTS WERE IN STORAGE PARAGRAPH 8006-2 OF THE JOINT TRAVEL REGULATIONS, PROVIDED THAT WHERE STORAGE OF HOUSEHOLD EFFECTS WAS DESIRED UPON ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES THEY MIGHT BE PLACED IN NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES IF SUCH FACILITIES WERE AVAILABLE. SUCH RIGHT TO STORAGE IN GOVERNMENT FACILITIES WAS NOT A STATUTORY RIGHT BUT WAS MERELY A PRIVILEGE ACCRUED OFFICERS TO THE EXTENT THAT SUCH FACILITIES WERE AVAILABLE WHEN STORAGE WAS REQUESTED, AND WAS CONDITIONED UPON ACTUAL ACCEPTANCE AND STORAGE OF THE EFFECTS BY THE GOVERNMENT. IT WAS A SERVICE THAT COULD BE RENDERED IN KIND ONLY AND WHERE THE EFFECTS WERE NOT IN FACT SO STORED, IRRESPECTIVE OF THE REASONS, THERE WAS AND IS NO AUTHORITY FOR REIMBURSING AN OFFICER FOR COMMERCIAL STORAGE COSTS CLAIMED ON THE BASIS THAT SUCH COSTS WOULD NOT HAVE BEEN INCURRED HAD GOVERNMENT STORAGE BEEN FURNISHED. HENCE, YOU MAY NOT BE REIMBURSED ANY PART OF THE EXPENSES CLAIMED FOR STORAGE.
REGARDING YOUR CLAIM FOR ALLEGED DAMAGE TO YOUR HOUSEHOLD EFFECTS WHEN THEY WERE SHIPPED FROM COLUMBUS, OHIO TO NEWPORT, RHODE ISLAND, YOU ARE ADVISED THAT CLAIMS FOR DAMAGES TO PERSONAL PROPERTY INCIDENT TO SERVICES ARE FOR CONSIDERATION BY THE BUREAU OF NAVAL PERSONNEL. ANY CLAIM YOU MAY HAVE FOR PROPERTY DAMAGED, LOST, OR DESTROYED WHILE BEING TRANSPORTED BY A CARRIER INCIDENT TO YOUR NAVAL SERVICE SHOULD BE FILED THERE IN ACCORDANCE WITH BUPERS MANUAL, PART A, CHAPTER 5 (A 5101), SECTION 751.10.