B-134148, DEC. 26, 1957

B-134148, DEC. 26, 1957

TO CAPTAIN ROBERT M. LLOYD, USAF:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 7, 1957, REQUESTING REVIEW OF SETTLEMENT DATED AUGUST 26, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF CARTAGE TO STORAGE AND STORAGE OF YOUR HOUSEHOLD EFFECTS, DURING THE PERIOD AUGUST 3 TO OCTOBER 9, 1956.

BY ORDERS DATED DECEMBER 2, 1955, YOU WERE TRANSFERRED FROM DUTY IN JAPAN TO THE UNITED STATES AND ASSIGNED TO DUTY AT JAMES CONNALLY AIR FORCE BASE, WACO, TEXAS, FOR A COURSE OF INSTRUCTION SCHEDULED FOR 24 WEEKS. SUCH ORDERS AUTHORIZED 30 DAYS' DELAY EN ROUTE TO COUNT AS LEAVE, YOUR LEAVE ADDRESS BEING SHOWN AS DENVER, COLORADO. BY ORDERS DATED SEPTEMBER 21, 1956, YOU WERE DETACHED FROM DUTY AT JAMES CONNELLY AIR FORCE BASE AND ASSIGNED TO DUTY AT WALKER AIR FORCE BASE, NEW MEXICO, WHERE YOU WERE TO REPORT FOR DUTY NOT LATER THAN OCTOBER 16, 1956.

ON AUGUST 3, 1956, YOUR HOUSEHOLD EFFECTS, WEIGHING 4,760 POUNDS, WERE HAULED FROM YOUR RESIDENCE IN DENVER, COLORADO, TO COMMERCIAL STORAGE IN THAT CITY. THE EFFECTS WERE REMOVED FROM STORAGE ON OCTOBER 9, 1956, AND SHIPPED BY VAN FROM DENVER TO WALKER AIR FORCE BASE, ROSWELL, NEW MEXICO, ON GOVERNMENT BILL OF LADING NO. AF6820840, ISSUED OCTOBER 5, 1956. RECEIPT OF THE WEICKER TRANSFER AND STORAGE COMPANY, DENVER, COLORADO, SHOWS CHARGES PAID AS FOLLOWS: CARTAGE, $84.98; WRAPPING, $13; WAREHOUSE LABOR AND REPACKING, $35.40; INSURANCE, $4.68; TRANSIT INSURANCE, $12; AND STORAGE FROM AUGUST 3 TO OCTOBER 9, 1956, $41.08, A TOTAL OF $191.14. YOUR CLAIM FOR REIMBURSEMENT FOR THE EXPENSES SO INCURRED WAS DISALLOWED BY OUR SETTLEMENT DATED AUGUST 26, 1957, BECAUSE THE CLAIM WAS NOT SUPPORTED BY A CERTIFICATE OF NECESSITY FOR THE STORAGE AND BECAUSE THE EFFECTS WERE STORED PRIOR TO THE ISSUANCE OF THE ORDERS DATED SEPTEMBER 21, 1956.

YOU SAY, IN SUBSTANCE, THAT IN JULY 1956 YOUR WIFE WAS MAKING PREPARATIONS TO MOVE FROM DENVER, COLORADO, TO WACO, TEXAS; THAT SHE WENT TO THE OFFICE OF THE TRANSPORTATION OFFICER AT LOWRY AIR FORCE BASE, DENVER, COLORADO, TO GET INFORMATION CONCERNING THE STORAGE OF YOUR HOUSEHOLD FFECTS; THAT UPON THE ADVICE OF PERSONNEL IN THAT OFFICE SHE PLACED THE EFFECTS IN COMMERCIAL STORAGE; AND THAT SHE THEN JOINED YOU IN WACO, TEXAS, WHERE YOU OCCUPIED A FURNISHED RESIDENCE UNTIL YOU WERE TRANSFERRED TO DUTY AT WALKER AIR FORCE BASE, NEW MEXICO. ON SUCH BASIS YOU URGE THAT YOUR CLAIM SHOULD BE ALLOWED.

PARAGRAPH 8006-1, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO STATUTORY AUTHORITY, AUTHORIZES TEMPORARY STORAGE OF HOUSEHOLD EFFECTS AS AN INCIDENT TO THE SHIPMENT OF THE EFFECTS ONLY WHEN STORAGE IS NECESSARY BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE OWNER, AND PROVIDES THAT VOUCHERS COVERING PAYMENT OF COMMERCIAL STORAGE AT GOVERNMENT EXPENSE WILL BE SUPPORTED BY A CERTIFICATE OF PROPERLY DESIGNATED AUTHORITY THAT STORAGE IS NECESSARY. YOUR CLAIM IS NOT SUPPORTED BY A CERTIFICATE TO THE EFFECT THAT THE STORAGE OF YOUR EFFECTS IN DENVER WAS NECESSARY BECAUSE OF CONDITIONS BEYOND YOUR CONTROL, NOR DOES THERE APPEAR TO HAVE BEEN ANY PROPER GROUND FOR ISSUING ONE. IN THESE CIRCUMSTANCES, THERE IS NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED ANY PART OF THE STORAGE COST INCURRED BY YOU, NOTWITHSTANDING ANY INFORMATION TO THE CONTRARY WHICH MAY HAVE BEEN FURNISHED YOUR WIFE AT THE TIME THE EFFECTS WERE PLACED IN STORAGE. YOU ARE ENTITLED, HOWEVER, ON THE BASIS OF YOUR ENTITLEMENT TO TRANSPORTATION OF EFFECTS INCIDENT TO THE ORDERS DATED DECEMBER 2, 1955, TO REIMBURSEMENT OF THE COST OF CARTAGE OF YOUR EFFECTS FROM RESIDENCE TO STORAGE IN DENVER. A SETTLEMENT FOR THE AMOUNT FOUND TO BE DUE YOU AS REIMBURSEMENT OF SUCH CARTAGE WILL ISSUE IN DUE COURSE.