B-131867, JUL. 9, 1957

B-131867, JUL. 9, 1957

TO JOHN MAYNARD HYBL, YN1, USN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 25, 1957, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF MARCH 22, 1957, WHICH DISALLOWED YOUR CLAIM FOR $250 REPRESENTING THE COST OF CARTAGE, PACKING, AND COMMERCIAL STORAGE OF YOUR HOUSEHOLD EFFECTS FROM APRIL 1, 1955 TO FEBRUARY 11, 1956.

BY ORDERS DATED JANUARY 5, 1955, YOU WERE TRANSFERRED FROM U.S. NAVY RECRUITING STATION, LOS ANGELES, CALIFORNIA, TO THE USS THOMAS F. NICKEL (DE-587) AT SAN FRANCISCO, CALIFORNIA, FOR DUTY. THE RECORD INDICATES THAT YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM LOS ANGELES TO DALY CITY, A SUBURB OF SAN FRANCISCO, INCIDENT TO YOUR ASSIGNMENT TO DUTY ABOARD THE VESSEL. IT APPEARS, HOWEVER, THAT WEATHER CONDITIONS IN THE SAN FRANCISCO AREA WERE DETRIMENTAL TO YOUR WIFE'S HEALTH; THAT SHE DECIDED TO RETURN TO A DRIER AND WARMER CLIMATE, AND THAT YOU REQUESTED SHIPMENT OF YOUR HOUSEHOLD EFFECTS (APPARENTLY BACK TO LOS ANGELES). SINCE SAN FRANCISCO IS THE HOME PORT OF THE VESSEL AND SINCE NO FURTHER CHANGE OF STATION ORDERS HAD BEEN ISSUED, YOUR REQUEST WAS DENIED. ON APRIL 1, 1955, YOU PLACED YOUR EFFECTS IN COMMERCIAL STORAGE IN SAN FRANCISCO WHERE THEY REMAINED UNTIL FEBRUARY 11, 1956. BY ORDERS DATED SEPTEMBER 9, 1955, YOU WERE TRANSFERRED TO SAN DIEGO, CALIFORNIA, FOR TEMPORARY DUTY, AND BY ORDERS DATED FEBRUARY 1, 1956, YOU WERE ASSIGNED TO DUTY ABOARD THE USS BRYCE CANYON (AD-36), THE HOME PORT OF WHICH IS LONG BEACH, CALIFORNIA. ON THE BASIS OF THE LATTER ORDERS YOUR AFFECTS WERE SHIPPED FROM SAN FRANCISCO TO LONG BEACH. YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF STORAGE AND RELATED CHARGES WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON STATED THEREIN. IN YOUR PRESENT LETTER YOU EXPRESS THE BELIEF THAT YOU ARE ENTITLED TO REIMBURSEMENT FOR FIVE MONTHS' STORAGE FROM SEPTEMBER 1, 1955, TO FEBRUARY 1, 1956. YOU STATE THOSE DATES ARE, RESPECTIVELY, THE DATE OF THE ORDERS DETACHING YOU FROM THE VESSEL AND THE DATE WHEN YOUR EFFECTS WERE SHIPPED TO LONG BEACH, AND CITE PARAGRAPH 8007 -5, JOINT REGULATIONS, AS AUTHORITY FOR REIMBURSEMENT OF STORAGE CHARGES FOR THAT PERIOD.

PARAGRAPH 8007-5, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDES THAT WHEN A MEMBER IS ORDERED FROM A PERMANENT STATION TO TEMPORARY DUTY PENDING FURTHER ASSIGNMENT TO DUTY ABROAD OR TO TEMPORARY DUTY PENDING FURTHER ASSIGNMENT TO SEA DUTY, HIS HOUSEHOLD EFFECTS MAY BE SHIPPED TO ANY POINT IN THE UNITED STATES OR MAY BE PACKED, DRAYED, AND PLACED IN STORAGE FACILITIES OF THE SERVICE CONCERNED UNDER THE PROVISIONS OF PARAGRAPH 8006. PARAGRAPH 8006-2 OF THE REGULATIONS PROVIDES THAT MEMBERS MAY APPLY FOR NONTEMPORARY STORAGE OF THEIR HOUSEHOLD GOODS AT AN INSTALLATION OF THE SERVICE CONCERNED UPON BEING DETACHED FROM A PERMANENT STATION AND ORDERED TO TEMPORARY DUTY, AND THAT THE GRANTING OF THE REQUEST WILL DEPEND UPON WHETHER FACILITIES ARE AVAILABLE.

UPON RECEIPT OF THE ORDERS OF SEPTEMBER 9, 1955, YOU COULD HAVE APPLIED FOR NONTEMPORARY STORAGE OF YOUR HOUSEHOLD EFFECTS IN GOVERNMENT-OWNED FACILITIES AND, HAD YOUR REQUEST BEEN GRANTED, GOVERNMENT STORAGE WOULD HAVE BEEN FURNISHED FOR THE PERIOD NOW CLAIMED. THE STORAGE OF HOUSEHOLD EFFECTS IN GOVERNMENT FACILITIES, HOWEVER, IS A SERVICE THAT MAY BE RENDERED IN KIND ONLY, AND WHEN THE EFFECTS ARE NOT IN FACT STORED IN GOVERNMENT FACILITIES BUT ARE PLACED (OR LEFT) IN A COMMERCIAL WAREHOUSE THERE IS NO PROVISION OF LAW OR REGULATION FOR PAYMENT OF THE CHARGES INCURRED.

ACCORDINGLY, THE SETTLEMENT OF MARCH 22, 1957, WAS CORRECT AND IS SUSTAINED.