B-133886, NOV. 1, 1957

B-133886: Nov 1, 1957

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USNR: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 8. YOU WERE DETACHED FROM DUTY AT THE U.S. 600 POUNDS OF HOUSEHOLD EFFECTS AND 840 POUNDS OF PROFESSIONAL BOOKS WERE SHIPPED BY VAN FROM 136 FRIENDSHIP ROAD. WERE DELIVERED TO THE RESIDENCE LEASED AND OCCUPIED BY YOU AND YOUR FAMILY FOLLOWING YOUR TRANSFER TO THE U.S.S.LEYTE. 980 POUNDS WERE PLACED IN STORAGE AT PROVIDENCE ON OR ABOUT DECEMBER 24. ON ACCOUNT OF THIS STORAGE THE GOVERNMENT WAS BILLED AND ACTUALLY PAID $149.25 FOR THE FOLLOWING ITEMIZED CHARGES: CHART STORAGE - 3. THIS AMOUNT WAS COLLECTED FROM YOU BY CHECK AGE AGAINST YOUR PAY ACCOUNT. YOUR CLAIM FOR REFUND OF SUCH CHECK AGE WAS DISALLOWED BY THE SETTLEMENT DATED AUGUST 22.

B-133886, NOV. 1, 1957

TO CHIEF BOATSWAIN'S MATE PAUL E. EDERHEIMER, USNR:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 8, 1957, REQUESTING RECONSIDERATION OF THE SETTLEMENT DATED AUGUST 22, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES YOU INCURRED FOR STORAGE AND INCIDENTAL CHARGES, AND FOR DRAYAGE OF A QUANTITY OF HOUSEHOLD GOODS AND EFFECTS FOLLOWING YOUR TRANSFER TO QUONSET POINT, RHODE ISLAND, FOR DUTY ON THE U.S.S. LEYTE CVS 32, WHILE SERVING AS A CHIEF BOATSWAIN'S MATE, UNITED STATES NAVAL RESERVE.

BY ORDERS DATED APRIL 19, 1954, YOU WERE DETACHED FROM DUTY AT THE U.S. NAVAL TRAINING CENTER, BAINBRIDGE, MARYLAND, AND DIRECTED TO PROCEED AND REPORT NOT LATER THAN MAY 7, 1954, FOR DUTY ON THE U.S.S. LEYTE (CVS 32). INCIDENT TO THAT TRANSFER AND IN COMPLIANCE WITH YOUR APPLICATION FOR TRANSPORTATION, 6,600 POUNDS OF HOUSEHOLD EFFECTS AND 840 POUNDS OF PROFESSIONAL BOOKS WERE SHIPPED BY VAN FROM 136 FRIENDSHIP ROAD, FRIENDSHIP HEIGHTS, ELKTON, MARYLAND, TO PROVIDENCE (HAMILTON), RHODE ISLAND DURING DECEMBER 1954, ON BILL OF LADING NO. N 31227241 AT GOVERNMENT EXPENSE.

THE RECORD SHOWS THAT OF THIS SHIPMENT, 3,460 POUNDS, INCLUDING YOUR PROFESSIONAL BOOKS, WERE DELIVERED TO THE RESIDENCE LEASED AND OCCUPIED BY YOU AND YOUR FAMILY FOLLOWING YOUR TRANSFER TO THE U.S.S.LEYTE, AND THAT THE REMAINING 3,980 POUNDS WERE PLACED IN STORAGE AT PROVIDENCE ON OR ABOUT DECEMBER 24, 1954. ON ACCOUNT OF THIS STORAGE THE GOVERNMENT WAS BILLED AND ACTUALLY PAID $149.25 FOR THE FOLLOWING ITEMIZED CHARGES:

CHART

STORAGE - 3,980 POUNDS FROM 12-24-54 TO 6-24-55 - $0.25 PER CWT. PER MO. $ 59.70

WAREHOUSE - LABOR IN 9.95

DO. DO. OUT 9.95

DRAYAGE - DELIVERY TO LOCAL PERMANENT RESIDENCE 69.65

TOTAL $149.25

SUBSEQUENTLY, THIS AMOUNT WAS COLLECTED FROM YOU BY CHECK AGE AGAINST YOUR PAY ACCOUNT. YOUR CLAIM FOR REFUND OF SUCH CHECK AGE WAS DISALLOWED BY THE SETTLEMENT DATED AUGUST 22, 1957, FOR THE REASONS THEREIN STATED.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES FOR TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS, OR REIMBURSEMENT IN LIEU THEREOF, FOR MEMBERS OF THE UNIFORMED SERVICES WHEN REQUIRED TO MAKE A PERMANENT CHANGE OF STATION, SUBJECT TO REGULATIONS (PARAGRAPH 8006-1, CHANGE 22 DATED APRIL 1, 1954), IN EFFECT AS OF DECEMBER 1954, AUTHORIZES THE TEMPORARY STORAGE OF HOUSEHOLD EFFECTS, WITHIN PRESCRIBED WEIGHT ALLOWANCES, WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE MEMBER, PROVIDED TEMPORARY STORAGE ACCRUED DURING ANY ONE OR COMBINATION OF THE FOLLOWING PERIODS:

1.AFTER PICKUP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH OF SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN.

2. WHILE SHIPMENT IS IN TRANSIT OR EN ROUTE, AND STORAGE IS NOT FURNISHED FREE OF CHARGE BY CARRIER CONCERNED.

3. AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION STATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS.

THE APPLICABLE LAW AND REGULATIONS DO NOT CONTEMPLATE OR PERMIT TEMPORARY COMMERCIAL STORAGE OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE AT THE DISCRETION OF THE MEMBER WHO IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, BUT ONLY WHEN THE NEED FOR SUCH STORAGE ARISES DURING THE COURSE OF THE SHIPMENT OF THE EFFECTS FROM OLD TO NEW QUARTERS. HENCE, THE CONCLUSION IS REQUIRED THAT THERE IS NO AUTHORITY FOR FURNISHING STORAGE FOR SURPLUS EFFECTS AFTER A MOVE INTO QUARTERS AT THE NEW STATUS, OR OTHER AUTHORIZED POINT, IS MADE, IRRESPECTIVE OF WHETHER SUCH SURPLUS RESULTS FROM THE RENTAL OF FURNISHED QUARTERS BY THE MEMBER, OR OTHERWISE. THIS CONNECTION SEE 33 COMP. GEN. 470 AT 473.

ACCORDINGLY, UPON REVIEW, THE SETTLEMENT OF AUGUST 22, 1957, IS FOUND CORRECT AND MUST BE SUSTAINED.