B-135828, MAY 16, 1958

B-135828, MAY 16, 1958

TO JAMES W. MONAHAN, MMC, USN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 23, 1958, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF MARCH 10, 1958, WHICH DISALLOWED YOUR CLAIM FOR $161.28, REPRESENTING THE AMOUNT COLLECTED FROM YOU AS THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS FOR THE PERIOD SEPTEMBER 27 TO DECEMBER 26, 1954.

BY ORDERS DATED JULY 1, 1954, YOU WERE TRANSFERRED FROM DUTY ABOARD THE U.S.S. WREN (DD-568), HOMEPORT, NORFOLK, VIRGINIA, TO BOSTON, MASSACHUSETTS, FOR FOUR MONTHS' TEMPORARY DUTY AND FOR FURTHER ASSIGNMENT. ON THE BASIS OF THOSE ORDERS YOUR HOUSEHOLD EFFECTS WEIGHING 4,380 POUNDS WERE PLACED IN TEMPORARY STORAGE AT PORTSMOUTH, VIRGINIA, ON JULY 8, 1954. ON AUGUST 18, 1954, YOUR ASSIGNMENT WAS CHANGED TO PERMANENT DUTY AT BOSTON. AT YOUR REQUEST, BASED ON THE LATTER ORDERS, YOUR EFFECTS WERE SHIPPED FROM PORTSMOUTH, VIRGINIA, TO DORCHESTER, MASSACHUSETTS, FOR THREE MONTHS' TEMPORARY STORAGE. THE EFFECTS WERE PLACED IN STORAGE AT DORCHESTER ON SEPTEMBER 27, 1954, AND THE NEXT DAY, AT YOUR REQUEST AND AT YOUR EXPENSE, 1,360 POUNDS WERE HAULED TO YOUR RESIDENCE AT 19 FULLER STREET, DORCHESTER. THE BALANCE OF YOUR EFFECTS REMAINED IN STORAGE UNTIL FEBRUARY 2, 1955. THE COST OF STORAGE FOR THE PERIOD SEPTEMBER 27 TO DECEMBER 26, 1954, WAS PAID BY THE DEPARTMENT OF THE NAVY. UPON AUDIT OF THE DISBURSING OFFICER'S ACCOUNTS, HOWEVER, WE TOOK EXCEPTION TO THE PAYMENT FOR THE REASON THAT TEMPORARY STORAGE OF YOUR HOUSEHOLD EFFECTS WAS NOT AUTHORIZED AFTER A PORTION HAD BEEN REMOVED FROM STORAGE AND DELIVERED TO YOUR RESIDENCE. AS THE RESULT, $161.28 WAS DEDUCTED FROM YOUR PAY. YOUR CLAIM FOR REFUND WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON STATED THEREIN. IN YOUR REQUEST FOR REVIEW YOU STATE YOU DID NOT EXCEED THE SIX MONTHS' TEMPORARY STORAGE TO WHICH YOU BELIEVE YOU WERE ENTITLED UPON PERMANENT CHANGE OF STATION. IN THIS CONNECTION YOU CITE PARAGRAPH 8006, JOINT TRAVEL REGULATIONS. APPEARS FROM AN EARLIER LETTER THAT WHEN YOUR HOUSEHOLD EFFECTS ARRIVED AT DORCHESTER YOU WERE RESIDING WITH YOUR MOTHER WHILE WAITING FOR NEW NAVY HOUSING TO BECOME AVAILABLE AT SQUANTUM, MASSACHUSETTS, AND THAT YOU WITHDREW A PORTION OF YOUR EFFECTS (INCLUDING WINTER CLOTHING FOR YOUR FAMILY) FROM STORAGE FOR IMMEDIATE USE.

THE TEMPORARY STORAGE OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY PARAGRAPH 8006-1 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. THAT SECTION PROVIDES THAT 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. PARAGRAPH 8006-1 OF THE JOINT TRAVEL REGULATIONS IN EFFECT AT THE TIME HERE INVOLVED, PROVIDES THAT WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, BECAUSE OF CONDITIONS BEYOND CONTROL OF THE MEMBER (INCLUDING BUT NOT LIMITED TO DIRECTED SURRENDER OF QUARTERS, ARRIVAL OF SHIPMENT AT DESTINATION BEFORE ARRIVAL OF MEMBER, OR NONAVAILABILITY OF HOUSING AT DESTINATION) TEMPORARY STORAGE OF HOUSEHOLD GOODS WITHIN PRESCRIBED WEIGHT ALLOWANCES IS AUTHORIZED AT GOVERNMENT EXPENSE. IT IS NOT SHOWN THAT THE FACTS SURROUNDING THE TEMPORARY STORAGE OF YOUR EFFECTS COME WITHIN THE LIMITS OF THOSE REGULATIONS. WHERE PART OF THE HOUSEHOLD EFFECTS SHIPPED TO A NEW STATION ARE MOVED INTO QUARTERS, THERE IS NO PROVISION FOR TEMPORARY STORAGE OF SUCH ITEMS AS THE OWNER, BECAUSE OF LACK OF SPACE OR OTHER INCONVENIENCE, DID NOT HAVE DELIVERED TO HIS RESIDENCE.

ACCORDINGLY, THE SETTLEMENT OF MARCH 10, 1958, WAS CORRECT AND IS SUSTAINED.