B-133420, OCT. 1, 1957

B-133420: Oct 1, 1957

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USN: REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 8. BY THOSE ORDERS YOU WERE TRANSFERRED FROM YOUR DUTY STATION AT TAMPA. YOUR HOUSEHOLD EFFECTS WERE MOVED FROM YOUR RESIDENCE IN TAMPA. YOU WERE TRANSFERRED OVERSEAS. YOUR HOUSEHOLD EFFECTS WERE TAKEN OUT OF STORAGE AND SHIPPED TO YOUR OVERSEAS STATION. YOU WERE ALLOWED THE SUM OF $100.50 FOR THE PACKING. YOUR CLAIM FOR STORAGE WAS DISALLOWED FOR THE REASON THAT THE STORAGE WAS NOT INCIDENT TO A SHIPMENT UNDER YOUR ORDERS OF SEPTEMBER 22. YOU NOW CLAIM REIMBURSEMENT IN THE SUM OF $72.96 FOR THE FIRST SIX MONTHS' STORAGE OF YOUR EFFECTS ON THE BASIS THAT SUCH STORAGE WAS AUTHORIZED AT POINT OF ORIGIN AS SHOWN ON GOVERNMENT BILL OF LADING NO.

B-133420, OCT. 1, 1957

TO JAMES A. FUREY, TMC, USN:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 8, 1957, AND ENCLOSURES, REQUESTING REVIEW OF OUR SETTLEMENT DATED JULY 1, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE STORAGE CHARGES OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR ORDERS OF SEPTEMBER 22, 1955.

BY THOSE ORDERS YOU WERE TRANSFERRED FROM YOUR DUTY STATION AT TAMPA, FLORIDA, TO NEWPORT, RHODE ISLAND, FOR 20 WEEKS' DUTY AND INSTRUCTION AT A NAVY SCHOOL. ON SEPTEMBER 29, 1955, YOUR HOUSEHOLD EFFECTS WERE MOVED FROM YOUR RESIDENCE IN TAMPA, FLORIDA, TO COMMERCIAL STORAGE IN TAMPA, FLORIDA. BY ORDERS DATED JUNE 7, 1956, YOU WERE TRANSFERRED OVERSEAS. INCIDENT TO THESE ORDERS, ON AUGUST 24, 1956, YOUR HOUSEHOLD EFFECTS WERE TAKEN OUT OF STORAGE AND SHIPPED TO YOUR OVERSEAS STATION. BY SETTLEMENT DATED JULY 1, 1957, YOU WERE ALLOWED THE SUM OF $100.50 FOR THE PACKING, CRATING AND HAULING OF YOUR EFFECTS. YOUR CLAIM FOR STORAGE WAS DISALLOWED FOR THE REASON THAT THE STORAGE WAS NOT INCIDENT TO A SHIPMENT UNDER YOUR ORDERS OF SEPTEMBER 22, 1955. YOU NOW CLAIM REIMBURSEMENT IN THE SUM OF $72.96 FOR THE FIRST SIX MONTHS' STORAGE OF YOUR EFFECTS ON THE BASIS THAT SUCH STORAGE WAS AUTHORIZED AT POINT OF ORIGIN AS SHOWN ON GOVERNMENT BILL OF LADING NO. N 31173108 DATED SEPTEMBER 28, 1955, WHICH YOU ENCLOSED WITH YOUR LETTER.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS THE SECRETARIES MAY PRESCRIBE MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED, IN CONNECTION WITH A CHANGE OF STATION, TO "TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS" TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. REGULATIONS PROMULGATED PURSUANT TO THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 8006- 1A, IN EFFECT AT THE TIME INVOLVED, AUTHORIZES TEMPORARY STORAGE OF HOUSEHOLD EFFECTS, (1) AFTER PICK UP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH OF SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN, (2) WHILE SHIPMENT IS IN TRANSIT, AND (3) AFTER ARRIVAL OF SHIPMENT AT DESTINATION AND BEFORE DELIVERY INTO QUARTERS.

IN OUR DECISION OF MARCH 27, 1953, B-113278, 32 COMP. GEN. 410, WE HELD THAT PARAGRAPH 8006-1 OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, MUST BE INTERPRETED AS AUTHORIZING TEMPORARY STORAGE OF HOUSEHOLD EFFECTS ONLY IF NECESSARY IN CONJUNCTION WITH ONE OR MORE OF THE SEVERAL STAGES OF TRANSPORTATION SET OUT IN THE REGULATIONS. SUCH NECESSITY MUST BE CERTIFIED TO BY PROPERLY DESIGNATED AUTHORITY HAVING KNOWLEDGE OF THE FACTS AND CIRCUMSTANCES. A MERE REQUEST BY AN OWNER THAT HIS EFFECTS BE PLACED IN STORAGE PENDING SUCH FUTURE DISPOSITION AS HE MAY DESIRE DOES NOT COME WITHIN THE SCOPE OF THE REGULATIONS. THE STATUTE CLEARLY DID NOT AUTHORIZE TEMPORARY STORAGE AS A SERVICE SEPARATE AND DISTINCT FROM TRANSPORTATION, BUT ONLY AS AN INCIDENT OF TRANSPORTATION. THE SOLE MOVEMENT OF YOUR HOUSEHOLD GOODS INCIDENT TO YOUR ORDERS OF SEPTEMBER 22, 1955, WAS FROM YOUR RESIDENCE IN TAMPA TO LOCAL STORAGE WHERE THEY REMAINED DURING THE ENTIRE TIME YOU WERE STATIONED AT NEWPORT, AND, THEREFORE, IT IS CLEAR THAT NO PART OF THE STORAGE WAS INCIDENT TO ANY TRANSPORTATION OR SHIPMENT OF SUCH EFFECTS.

CONCERNING YOUR CONTENTION THAT STORAGE OF YOUR EFFECTS AT ORIGIN WAS AUTHORIZED BY GOVERNMENT BILL OF LADING NO. N 31173108 DATED SEPTEMBER 28, 1955, THE RECORD SHOWS THAT BILL OF LADING WAS CANCELLED. SHIPMENT OF YOUR EFFECTS WAS MADE ON GOVERNMENT BILL OF LADING NO. N 30898572, DATED AUGUST 17, 1956, INCIDENT TO YOUR ORDERS OF JUNE 7, 1956, AND AFFORDS NO AUTHORITY FOR REIMBURSEMENT FOR THE STORAGE CHARGES.

ACCORDINGLY, THERE IS NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED FOR ANY PART OF THE STORAGE CHARGES INCURRED AND THE SETTLEMENT OF JULY 1, 1957, WAS CORRECT AND IS SUSTAINED.