B-131505, JUN. 12, 1957

B-131505: Jun 12, 1957

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BY THOSE ORDERS YOU WERE RELIEVED FROM YOUR ASSIGNMENT AT CARSWELL AIR FORCE BASE. YOUR HOUSEHOLD EFFECTS WERE PICKED UP AT YOUR RESIDENCE AND STORED AT THE BINYON-O-KEEFE STORAGE COMPANY. YOUR CLAIM FOR ADDITIONAL STORAGE CHARGES IN THE SUM OF $96.32 FOR STORAGE IN EXCESS OF SIX MONTHS WAS DISALLOWED BY SETTLEMENT DATED JANUARY 4. 1955) EXPRESSLY PROVIDES TEMPORARY STORAGE WILL NOT EXCEED SIX MONTHS IN CONNECTION WITH ONE PERMANENT CHANGE OF STATION. IN YOUR LETTER YOU SAY THAT YOU REALIZE THAT YOU WERE ENTITLED BY REGULATION ONLY TO SIX MONTHS' STORAGE AT GOVERNMENT EXPENSE BUT YOU BELIEVE YOUR SITUATION TO BE COVERED BY THE "UNUSUAL CIRCUMSTANCES CLAUSE.'. IT IS ASSUMED YOU REFER TO PARAGRAPH 8010 OF THESE REGULATIONS ENTITLED "SHIPMENT UNDER UNUSUAL OR EMERGENCY CONDITIONS.'.

B-131505, JUN. 12, 1957

TO MAJOR EVON R. VERLE, USAF:

YOUR LETTER OF MARCH 11, 1957, REQUESTS REVIEW OF OUR SETTLEMENT DATED JANUARY 4, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE EXCESS STORAGE CHARGES OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR ORDERS OF JULY 7, 1955.

BY THOSE ORDERS YOU WERE RELIEVED FROM YOUR ASSIGNMENT AT CARSWELL AIR FORCE BASE, FORT WORTH, TEXAS, AND ASSIGNED TO YOUR DUTY STATION AT PLATTSBURGH AIR FORCE BASE, NEW YORK. YOUR HOUSEHOLD EFFECTS WERE PICKED UP AT YOUR RESIDENCE AND STORED AT THE BINYON-O-KEEFE STORAGE COMPANY, FORT WORTH, TEXAS, WHERE THEY REMAINED UNTIL RELEASED FOR SHIPMENT TO YOUR RESIDENCE IN NORTH MIAMI BEACH, FLORIDA, IN MAY 1956. THE GOVERNMENT PAID STORAGE CHARGES ON YOUR HOUSEHOLD EFFECTS FOR A TOTAL PERIOD OF SIX MONTHS. YOUR CLAIM FOR ADDITIONAL STORAGE CHARGES IN THE SUM OF $96.32 FOR STORAGE IN EXCESS OF SIX MONTHS WAS DISALLOWED BY SETTLEMENT DATED JANUARY 4, 1957, FOR THE REASON THAT THE APPLICABLE REGULATION (PARAGRAPH 8006-ID, CHANGE 39, OCTOBER 1, 1955) EXPRESSLY PROVIDES TEMPORARY STORAGE WILL NOT EXCEED SIX MONTHS IN CONNECTION WITH ONE PERMANENT CHANGE OF STATION.

IN YOUR LETTER YOU SAY THAT YOU REALIZE THAT YOU WERE ENTITLED BY REGULATION ONLY TO SIX MONTHS' STORAGE AT GOVERNMENT EXPENSE BUT YOU BELIEVE YOUR SITUATION TO BE COVERED BY THE "UNUSUAL CIRCUMSTANCES CLAUSE.' SINCE THE PROVISIONS OF THE REGULATIONS DEALING WITH TEMPORARY STORAGE MAKE NO REFERENCE TO UNUSUAL CIRCUMSTANCES, IT IS ASSUMED YOU REFER TO PARAGRAPH 8010 OF THESE REGULATIONS ENTITLED "SHIPMENT UNDER UNUSUAL OR EMERGENCY CONDITIONS.' WHILE THIS REGULATION IS CURRENTLY IN EFFECT AND PROVIDES FOR NONTEMPORARY STORAGE UNDER CERTAIN SPECIFIED CIRCUMSTANCES, THE REGULATION IN EFFECT AT THE TIME YOUR EFFECTS WERE IN STORAGE MAKES NO PROVISION EITHER FOR NONTEMPORARY STORAGE OR ADDITIONAL TEMPORARY STORAGE. HENCE, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM AND THE SETTLEMENT OF JANUARY 4, 1957, WAS CORRECT AND IS SUSTAINED.

WITH RESPECT TO YOUR REQUEST FOR ADVICE AS TO WHETHER YOU HAVE ANY RECOURSE EXCEPT TO SUBMIT TO THE COMPTROLLER GENERAL'S RULING, YOU ARE ADVISED THAT THE ACTION OF THIS OFFICE ON CLAIMS AGAINST THE UNITED STATES IS FINAL AND CONCLUSIVE ON ALL EXECUTIVE OFFICES OF THE GOVERNMENT. HOWEVER, INDEPENDENTLY OF OUR ACTION, THE COURT OF CLAIMS OF THE UNITED STATES HAS JURISDICTION TO CONSIDER AND DETERMINE CERTAIN CLAIMS AGAINST THE UNITED STATES IF FILED THERE "WITHIN SIX YEARS AFTER SUCH CLAIM FIRST ACCRUES.' 28 U.S.C. 2501.