B-134414, DEC. 19, 1957

B-134414, DEC. 19, 1957

TO MR. ERNEST HILTON WRIGHT:

YOUR LETTER DATED NOVEMBER 6, 1957, REQUESTS REVIEW OF OUR SETTLEMENT DATED OCTOBER 30, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR STORAGE OF YOUR HOUSEHOLD EFFECTS DURING THE PERIOD MAY 25 TO 30, 1957, AND FOR HAULING THOSE EFFECTS FROM HYATTSVILLE, MARYLAND, TO YOUR RESIDENCE IN LUTHERVILLE, MARYLAND.

THE RECORD SHOWS THAT PURSUANT TO YOUR RELEASE FROM ACTIVE DUTY ORDERS OF NOVEMBER 6, 1956, YOU REQUESTED THAT YOUR HOUSEHOLD EFFECTS BE SHIPPED FROM LA JOLLA, CALIFORNIA, TO LUTHERVILLE, MARYLAND. IT APPEARS THAT SHIPMENT WAS MADE BY VAN TO YOUR RESIDENCE AT LUTHERVILLE ON GOVERNMENT BILL OF LADING NO. N-33192317, APPARENTLY ARRIVING THERE ON MAY 24, 1957. UPON ARRIVAL OF THE VAN, THE DRIVER WAS UNABLE TO CONTACT YOU AND PLACED THE EFFECTS IN STORAGE WITH CURLES MOVERS WAREHOUSE, HYATTSVILLE, MARYLAND, WHERE THEY REMAINED UNTIL MAY 30, 1957, FOR WHICH YOU PAID THE SUM OF $150.48 FOR STORAGE AND ACCESSORIAL SERVICES AND FURTHER HAULING. YOUR CLAIM FOR REFUND OF THIS AMOUNT WAS DISALLOWED FOR THE REASON THAT THE RECORD SHOWS THE CARRIER WAS UNABLE TO DELIVER YOUR EFFECTS AT YOUR RESIDENCE AND THE JOINT TRAVEL REGULATIONS MAKES THE MEMBER RESPONSIBLE FOR ANY DEMURRAGE, UNAUTHORIZED STORAGE, OR OTHER CHARGES INCURRED BECAUSE CORRECT DELIVERY ADDRESS WAS NOT FURNISHED, OR BECAUSE SHIPMENT WAS NOT ACCEPTED PROMPTLY FROM THE CARRIER BY SUCH MEMBER OR HIS AUTHORIZED AGENT. YOUR CLAIM FOR REFUND IS BASED SOLELY ON YOUR CONTENTION THAT THE CARRIER DID NOT CALL AT YOUR HOME OR CONTACT YOU BY MAIL OR TELEPHONE.

AS WE STATED IN OUR SETTLEMENT, PARAGRAPH 8050-6, JOINT TRAVEL REGULATIONS, PROVIDES THAT ARRANGEMENTS FOR IMMEDIATE ACCEPTANCE OF HOUSEHOLD EFFECTS AT DESTINATION ARE THE RESPONSIBILITY OF THE MEMBER AND THAT THE MEMBER IS RESPONSIBLE FOR ANY ADDITIONAL STORAGE OR OTHER CHARGES INCURRED BECAUSE THE SHIPMENT WAS NOT ACCEPTED PROMPTLY BY THE MEMBER OR HIS AUTHORIZED AGENT. THE CARRIER HAS CERTIFIED THAT YOUR EFFECTS WERE SHIPPED BY VAN IN ACCORDANCE WITH THE TERMS OF THE GOVERNMENT BILL OF LADING AND THE GOVERNMENT HAS PAID FOR THIS SERVICE ON THE BASIS OF THIS CERTIFICATION. UPON RECEIPT OF YOUR CLAIM THE NAVY REGIONAL OFFICE REQUESTED THE CARRIER TO VERIFY THE FACTS UPON WHICH HE BASED HIS CERTIFICATION FOR PAYMENT FOR SERVICES RENDERED. THE CARRIER VERIFIED THESE FACTS AND STATED THAT HIS DRIVER WAS UNABLE TO DELIVER YOUR EFFECTS AT YOUR RESIDENCE BECAUSE HE COULD NOT CONTACT YOU OR YOUR REPRESENTATIVE THERE AND THAT HE HAD NO ALTERNATIVE OTHER THAN TO PLACE THEM IN STORAGE.

WHILE IT MAY BE THAT YOU BELIEVED THAT THE STEPS YOU TOOK TO INSURE ACCEPTANCE OF YOUR EFFECTS UPON DELIVERY WOULD BE ADEQUATE, IN VIEW OF THE PLAIN PROVISION OF THE REGULATIONS THAT ARRANGEMENTS FOR ACCEPTANCE OF HOUSEHOLD EFFECTS ARE THE RESPONSIBILITY OF THE OWNER AND THAT HE MUST BEAR THE COST OF UNAUTHORIZED STORAGE, ETC., THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF OCTOBER 30, 1957, IS SUSTAINED.