B-134588, JAN. 2, 1958

B-134588, JAN. 2, 1958

TO LIEUTENANT COMMANDER ROBERT W. KENISTON, USNR:

YOUR LETTER DATED NOVEMBER 7, 1957, REQUESTS REVIEW OF OUR SETTLEMENT DATED AUGUST 29, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF TEMPORARY STORAGE OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR ORDERS OF OCTOBER 18, 1954.

BY THESE ORDERS YOU WERE RELIEVED FROM ASSIGNMENT IN THE OFFICE OF NAVAL RESEARCH, BRANCH OFFICE, BOSTON, MASSACHUSETTS, AND TRANSFERRED TO DUTY ABOARD THE U.S.S. YOSEMITE (AD-19). YOU REPORTED AT YOUR NEW DUTY STATION ON NOVEMBER 30, 1954. ON MARCH 18, 1955, YOUR HOUSEHOLD EFFECTS WERE PICKED UP AT YOUR RESIDENCE IN STOUGHTON, MASSACHUSETTS, AND SHIPPED BY VAN TO NEWPORT, RHODE ISLAND. ON MARCH 21, 1955, THE EFFECTS WERE PLACED IN COMMERCIAL STORAGE ON ACCOUNT OF WHICH THE GOVERNMENT PAID $82.15. EXCEPTION WAS TAKEN TO THE PAYMENT AND YOU WERE REQUIRED TO REFUND THAT AMOUNT TO THE GOVERNMENT BECAUSE IT APPEARED FROM THE RECORD THAT YOU USED A PORTION OF YOUR EFFECTS IN YOUR RESIDENCE IN NEWPORT, AND ONLY STORED THE REMAINDER DUE TO LACK OF SPACE. IN CLAIMING REIMBURSEMENT OF THESE STORAGE CHARGES YOU STATED THAT FOR A PERIOD OF ABOUT EIGHT MONTHS YOU WERE UNABLE TO OBTAIN UNFURNISHED QUARTERS FOR YOUR FAMILY AT NEWPORT AT A PRICE YOU COULD AFFORD. THIS MADE IT NECESSARY THAT YOU PLACE YOUR EFFECTS IN STORAGE EXCEPT CERTAIN ITEMS WHICH WERE NEEDED TO SUPPLEMENT THE FURNISHINGS IN FURNISHED QUARTERS RENTED BY YOU, WHICH ITEMS YOU DELIVERED TO NEWPORT PERSONALLY.

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 PRESCRIBED BY THE SECRETARIES CONCERNED. THE JOINT TRAVEL REGULATIONS (PARAGRAPH 8006-1, CHANGE 22 DATED APRIL 1, 1954), IN EFFECT AS OF DECEMBER 1954, AUTHORIZE 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 SOLELY ON THE BASIS THAT SUCH STORAGE WOULD BE OF ADVANTAGE TO THE MEMBER UNDER ORDERS 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 STATION, OR OTHER AUTHORIZED POINT, IS MADE, IRRESPECTIVE OF WHETHER SUCH SURPLUS RESULTS FROM ASSIGNMENT OF THE MEMBER TO FURNISHED GOVERNMENT QUARTERS, THE RENTAL OF FURNISHED QUARTERS BY HIM, OR OTHERWISE. 33 COMP. GEN. 470 AT 473, B-133886, NOVEMBER 1, 1957.