B-131996, AUG. 5, 1957

B-131996: Aug 5, 1957

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NOBLES: FURTHER REFERENCE IS MADE TO YOUR WIFE'S LETTER OF MAY 10. YOU WERE TRANSFERRED FROM U.S. IN EXECUTING THE LATTER APPLICATION YOU CERTIFIED THAT THE TEMPORARY STORAGE WAS INCIDENT TO A SHIPMENT CURRENTLY IN PROCESS OR IN IMMEDIATE PROSPECT. THE VESSEL WAS COMMISSIONED ON MAY 27. YOU WERE ASSIGNED TO DUTY ABOARD IN COMPLIANCE WITH YOUR ORDERS. WAS ESTABLISHED AS THE HOME YARD OF THE VESSEL. WHEN THEY WERE SHIPPED TO NONTEMPORARY STORAGE AT THE NAVAL SUPPLY DEPOT. YOUR FIRST INQUIRY AS TO NONTEMPORARY STORAGE APPARENTLY WAS NOT MADE UNTIL AUGUST 1955. YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF COMMERCIAL STORAGE WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASONS STATED THEREIN.

B-131996, AUG. 5, 1957

TO MR. KELLY R. NOBLES:

FURTHER REFERENCE IS MADE TO YOUR WIFE'S LETTER OF MAY 10, 1957, REQUESTING IN YOUR BEHALF REVIEW OF THE SETTLEMENT OF MARCH 20, 1957, WHICH DISALLOWED YOUR CLAIM FOR $113.60, REPRESENTING THE COST OF TEMPORARY COMMERCIAL STORAGE OF YOUR HOUSEHOLD EFFECTS FROM MARCH 7 TO NOVEMBER 19, 1955, WHILE SERVING AS AN ENLISTED MAN, UNITED STATES NAVY.

BY ORDERS DATED FEBRUARY 24, 1955, YOU WERE TRANSFERRED FROM U.S. NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, TO U.S. NAVAL STATION, NEW ORLEANS, LOUISIANA, FOR TEMPORARY DUTY IN CONNECTION WITH FITTING OUT THE USS GLACIER (AGB-4) AT PASCAGOULA, MISSISSIPPI, AND ON BOARD WHEN COMMISSIONED. ON MARCH 7, 1955, YOU SIGNED APPLICATIONS FOR SHIPMENT OF A PORTION OF YOUR HOUSEHOLD EFFECTS FROM CORPUS CHRISTI TO NEW ORLEANS, AND FOR TEMPORARY STORAGE OF THE BALANCE WITH CORPUS CHRISTI TRANSFER COMPANY, CORPUS CHRISTI, TEXAS. IN EXECUTING THE LATTER APPLICATION YOU CERTIFIED THAT THE TEMPORARY STORAGE WAS INCIDENT TO A SHIPMENT CURRENTLY IN PROCESS OR IN IMMEDIATE PROSPECT. THE VESSEL WAS COMMISSIONED ON MAY 27, 1955, AND YOU WERE ASSIGNED TO DUTY ABOARD IN COMPLIANCE WITH YOUR ORDERS. MAY 31, 1955, BOSTON, MASSACHUSETTS, WAS ESTABLISHED AS THE HOME YARD OF THE VESSEL. YOUR HOUSEHOLD EFFECTS REMAINED IN TEMPORARY COMMERCIAL STORAGE UNTIL NOVEMBER 19, 1955, WHEN THEY WERE SHIPPED TO NONTEMPORARY STORAGE AT THE NAVAL SUPPLY DEPOT, CLEAR FIELD, UTAH. YOUR FIRST INQUIRY AS TO NONTEMPORARY STORAGE APPARENTLY WAS NOT MADE UNTIL AUGUST 1955. YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF COMMERCIAL STORAGE WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASONS STATED THEREIN. IN HER PRESENT LETTER YOUR WIFE STATES (1) THAT NO PARTICULAR TYPE OF STORAGE WAS REQUESTED; (2) THAT THE HOUSEHOLD EFFECTS SECTION, U.S. NAVAL AIR STATION, CORPUS CHRISTI, WAS REQUESTED TO FURNISH ADVICE AS TO YOUR ENTITLEMENT TO STORAGE; AND (3) THAT MISINFORMATION BY AN AGENT OR EMPLOYEE OF THE GOVERNMENT SUBJECTS THE GOVERNMENT TO LIABILITY FOR THE MISTAKE. AS AUTHORITY FOR (3) YOUR WIFE REFERS TO PARAGRAPH 29003-17, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL.

TRANSPORTATION AND STORAGE OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES ARE GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253. JOINT TRAVEL REGULATIONS IN EFFECT AT THE TIME HERE INVOLVED PROVIDE THAT WHEN A MEMBER IS ORDERED TO TEMPORARY DUTY IN CONNECTION WITH THE FITTING OUT OF A VESSEL AND THE ORDERS DIRECT DUTY ON BOARD WHEN COMMISSIONED, THE PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE OF HOUSEHOLD GOODS MAY BE SHIPPED FROM THE OLD PERMANENT STATION TO ANY POINT IN THE UNITED STATES OR TO NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES. SUCH STORAGE CAN BE FURNISHED IN KIND ONLY, AND WHERE THE EFFECTS ARE IN FACT PLACED IN TEMPORARY COMMERCIAL STORAGE INSTEAD OF NONTEMPORARY GOVERNMENT STORAGE, REIMBURSEMENT OF THE CHARGES INCURRED IS NOT AUTHORIZED. TEMPORARY STORAGE IN COMMERCIAL FACILITIES IS AUTHORIZED AT GOVERNMENT EXPENSE IN CONNECTION WITH AN ACTUAL SHIPMENT WHEN NECESSARY AT POINT OF ORIGIN, IN TRANSIT, OR AT DESTINATION, DUE TO CONDITIONS BEYOND CONTROL OF THE OWNER. SUCH STORAGE MAY NOT BE REQUESTED IN CONTEMPLATION OF NONTEMPORARY STORAGE. THUS, ON THE BASIS OF THE ORDERS OF FEBRUARY 24, 1955, YOU WERE ENTITLED TO SHIP YOUR HOUSEHOLD EFFECTS TO ANY POINT IN THE UNITED STATES OR TO NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES IF AVAILABLE. THERE WAS NO AUTHORITY, HOWEVER, TO PLACE THE MAJOR PORTION OF YOUR EFFECTS IN COMMERCIAL STORAGE PENDING SUCH FURTHER DISPOSITION AS MIGHT BE DETERMINED BY YOU.

PARAGRAPH 8013-2, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN HOUSEHOLD GOODS HAVE BEEN IMPROPERLY SHIPPED OR OTHERWISE UNAVOIDABLY SEPARATED FROM THE MEMBER, NOT BECAUSE OF FAULT OF THE MEMBER, THEY MAY BE FORWARDED TO THE PROPER DESTINATION AT GOVERNMENT EXPENSE. PARAGRAPH 29003-17, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, BASED ON THAT PROVISION OF THE JOINT TRAVEL REGULATIONS, REQUESTS SHIPPPING OFFICERS TO TAKE EVERY PRECAUTION TO PREVENT IMPROPER SHIPMENTS, AND CAUTIONS OWNERS TO CHECK APPLICATIONS THOROUGHLY BEFORE SIGNING. IT PROVIDES THAT SHIPMENTS MADE PURSUANT TO SIGNED APPLICATIONS ORDINARILY WILL NOT BE REGARDED AS IMPROPER SHIPMENTS WITHIN THE MEANING OF PARAGRAPH 8013-2, JOINT TRAVEL REGULATIONS.

IN YOUR CASE, THERE WAS NO ERRONEOUS SHIPMENT. YOUR EFFECTS WERE PLACED IN LOCAL COMMERCIAL STORAGE UPON YOUR SIGNED APPLICATION. SINCE TEMPORARY STORAGE OF YOUR HOUSEHOLD EFFECTS WAS NOT AUTHORIZED AT GOVERNMENT EXPENSE, THERE IS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM NOTWITHSTANDING ANY ADVICE THAT MAY HAVE BEEN FURNISHED YOU WHEN YOUR EFFECTS WERE PLACED IN STORAGE. SUCH BEING THE CASE, THE SETTLEMENT OF MARCH 20, 1957, WAS CORRECT AND IS SUSTAINED.