B-136240, JUL. 9, 1958

B-136240: Jul 9, 1958

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BURNAM: REFERENCE IS MADE TO YOUR LETTER OF MAY 4. YOU WERE TRANSFERRED FROM DUTY AT MEMPHIS. YOU WERE RETURNED TO THE UNITED STATES FOR SEPARATION PROCESSING. UPON COMPLETION OF WHICH YOUR RESIGNATION FROM THE UNITED STATES NAVY WAS TO BE ACCEPTED UNDER HONORABLE CONDITIONS. YOU WERE RELEASED FROM ACTIVE DUTY AT SAN DIEGO. THE FIRST APPLICATION BEARS A NOTATION THAT YOUR EFFECTS WERE HELD IN STORAGE FROM AUGUST 27. THE SECOND APPLICATION BEARS A NOTATION THAT YOUR EFFECTS WERE HELD IN STORAGE FROM DECEMBER 22. WERE TO BE PICKED UP ON THE LATTER DATE. SUCH ACTION WAS TAKEN FOR THE REASON THAT THE STORAGE OF YOUR EFFECTS WAS NOT AUTHORIZED. YOUR CLAIM FOR THE CONTINUED STORAGE OF YOUR EFFECTS WAS DISALLOWED FOR THE SAME REASON.

B-136240, JUL. 9, 1958

TO MR. HAROLD W. BURNAM:

REFERENCE IS MADE TO YOUR LETTER OF MAY 4, 1958, REQUESTING REVIEW OF THE SETTLEMENT OF APRIL 29, 1958, WHICH DISALLOWED YOUR CLAIM FOR $36 REPRESENTING THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS FROM MAY 27, TO NOVEMBER 27, 1955, INCIDENT TO YOUR SERVICE AS LIEUTENANT, UNITED STATES NAVY.

BY ORDERS DATED MAY 17, 1954, AS MODIFIED BY ORDERS DATED AUGUST 4, 1954, YOU WERE TRANSFERRED FROM DUTY AT MEMPHIS, TENNESSEE, TO SEA DUTY. ORDERS DATED DECEMBER 21, 1954, YOU WERE RETURNED TO THE UNITED STATES FOR SEPARATION PROCESSING, UPON COMPLETION OF WHICH YOUR RESIGNATION FROM THE UNITED STATES NAVY WAS TO BE ACCEPTED UNDER HONORABLE CONDITIONS. YOU WERE RELEASED FROM ACTIVE DUTY AT SAN DIEGO, CALIFORNIA, ON MAY 18, 1956.

ON THE BASIS OF THE ORDERS TRANSFERRING YOU TO SEA DUTY YOU SHIPPED 2,162 POUNDS OF HOUSEHOLD EFFECTS FROM YOUR RESIDENCE, MILLINGTON, TENNESSEE, TO PONTOTOC, MISSISSIPPI, AND ON AUGUST 19, 1954, YOU EXECUTED AN APPLICATION REQUESTING THE SUPPLY OFFICER, NAVAL AIR STATION, MEMPHIS, TENNESSEE, TO MOVE APPROXIMATELY 5,000 POUNDS OF HOUSEHOLD EFFECTS FROM YOUR RESIDENCE AT MILLINGTON TO COMMERCIAL STORAGE IN MEMPHIS, TENNESSEE. ON DECEMBER 21, 1954, BASED ON THE ORDERS OF THAT DATE, YOU EXECUTED AN APPLICATION FOR SHIPMENT OF 1,840 POUNDS OF THE EFFECTS FROM SUCH STORAGE TO VETERANS VILLAGE, OXFORD, MISSISSIPPI. THE FIRST APPLICATION BEARS A NOTATION THAT YOUR EFFECTS WERE HELD IN STORAGE FROM AUGUST 27, 1954, TO DECEMBER 21, 1954. THE SECOND APPLICATION BEARS A NOTATION THAT YOUR EFFECTS WERE HELD IN STORAGE FROM DECEMBER 22, 1954, TO MAY 27, 1955, AND WERE TO BE PICKED UP ON THE LATTER DATE. YOUR CLAIM COVERS CONTINUED STORAGE OF 2,000 POUNDS IN MEMPHIS FROM THE LATTER DATE TO NOVEMBER 27, 1955.

THE DEPARTMENT OF THE NAVY PAID $166.78 FOR HANDLING YOUR EFFECTS IN AND OUT OF STORAGE AND STORAGE FOR 9 1/2 MONTHS. UPON AUDIT OF THE DISBURSING OFFICER'S ACCOUNTS WE ALLOWED CREDIT FOR $74.55 REPRESENTING THE COST OF HAULING YOUR EFFECTS FROM RESIDENCE TO STORAGE, AND TOOK EXCEPTION TO $92.23 REPRESENTING A STORAGE FOR 9 1/2 MONTHS AND THE RELATED COST OF REMOVING YOUR EFFECTS FROM STORAGE. SUCH ACTION WAS TAKEN FOR THE REASON THAT THE STORAGE OF YOUR EFFECTS WAS NOT AUTHORIZED. YOUR CLAIM FOR THE CONTINUED STORAGE OF YOUR EFFECTS WAS DISALLOWED FOR THE SAME REASON. YOUR PRESENT LETTER YOU PLACE EMPHASIS ON THE FACT THAT YOUR CLAIM COVERS STORAGE FOR SIX MONTHS AFTER YOUR RELEASE FROM ACTIVE DUTY AND IS BASED ON THE ORDERS EFFECTING YOUR RELEASE.

THE PACKING, CRATING, SHIPMENT AND STORAGE OF HOUSEHOLD EFFECTS OF SERVICE PERSONNEL ARE GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253. PARAGRAPH 8009-1 OF THE REGULATIONS PROVIDES THAT A MEMBER WHO IS AUTHORIZED SHIPMENT OF HOUSEHOLD GOODS UNDER PERMANENT CHANGE OF STATION ORDERS WILL ALSO BE ENTITLED TO TEMPORARY STORAGE IN CONJUNCTION WITH SUCH SHIPMENT IN ACCORDANCE WITH PARAGRAPH8006-1 OF THOSE REGULATIONS. THE LATTER PARAGRAPH, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDES THAT WHEN NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, AND DUE TO CONDITIONS BEYOND CONTROL OF THE OWNER, TEMPORARY STORAGE OF HOUSEHOLD EFFECTS NOT TO EXCEED SIX MONTHS MAY BE AUTHORIZED AT GOVERNMENT EXPENSE AFTER PICKUP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH FROM CARRIER'S STATION AT POINT OF ORIGIN; WHILE SHIPMENT IS IN TRANSIT OR EN ROUTE AND STORAGE IS NOT FURNISHED FREE BY THE CARRIER; OR AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION STATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS. AT THE TIME HERE INVOLVED, IT WAS FURTHER PROVIDED THAT STORAGE COSTS FOR TIME IN EXCESS OF SIX MONTHS WOULD BE BORNE BY THE OWNER.

TEMPORARY STORAGE IS AUTHORIZED ONLY AS AN INCIDENT OF TRANSPORTATION; THAT IS, FOR PERIODS OF DELAY ARISING DURING THE COURSE OF MOVEMENT OF HOUSEHOLD EFFECTS BETWEEN AUTHORIZED POINTS. WHERE, AS HERE, A PORTION OF THE HOUSEHOLD EFFECTS ARE SHIPPED INCIDENT TO A PERMANENT CHANGE OF STATION (ORDERS OF MAY 17 AND AUGUST 4, 1954) AND THE BALANCE IS NOT SHIPPED BUT SIMPLY PLACED IN LOCAL COMMERCIAL STORAGE PENDING SUCH FUTURE DISPOSITION AS THE OWNER MAY DESIRE. THERE IS NO AUTHORITY FOR PAYMENT OF ANY PART OF THE STORAGE OR RELATED CHARGES INCURRED. PARAGRAPH 8006-2 OF THE REGULATIONS PROVIDED THAT WHERE STORAGE OF HOUSEHOLD EFFECTS WAS DESIRED UPON PERMANENT ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES, THE EFFECTS MIGHT BE PLACED IN NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES WHEN SUCH FACILITIES WERE AVAILABLE. HOWEVER, THIS WAS A SERVICE WHICH COULD BE FURNISHED IN KIND ONLY, AND THE UNAVAILABILITY OF GOVERNMENT FACILITIES, OR FAILURE OTHERWISE TO FURNISH SUCH STORAGE, DID NOT GIVE RISE TO A RIGHT TO REIMBURSEMENT OF EXPENSES INCURRED FOR COMMERCIAL STORAGE OF SUCH EFFECTS.

THUS, ON THE BASIS OF THE ORDERS TO SEA DUTY, YOUR EFFECTS COULD HAVE BEEN PLACED IN COMMERCIAL STORAGE FOR A PERIOD NOT TO EXCEED SIX MONTHS ONLY IF NECESSARY IN CONNECTION WITH AN ACTUAL SHIPMENT INCIDENT TO THESE ORDERS. SINCE THE EFFECTS WHICH YOU PLACED IN STORAGE WERE NOT SHIPPED INCIDENT TO THE ORDERS TO SEA DUTY, PAYMENT OF ANY PART OF THE COST OF STORING YOUR EFFECTS OR REMOVING THEM FROM STORAGE WAS NOT AUTHORIZED. THEREFORE, THE AUDIT EXCEPTION WAS CORRECT, AND HAVING REMITTED $50 YOU ARE INDEBTED TO THE UNITED STATES FOR THE BALANCE, OR $42.23. YOUR REMITTANCE IN THE FORM OF MONEY ORDER OR CHECK PAYABLE TO "U.S. GENERAL ACCOUNTING OFFICE" SHOULD BE FORWARDED TO U.S. GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C.

SINCE THE STORAGE CHARGES COVERED BY YOUR CLAIM DO NOT RELATE TO NECESSARY STORAGE IN CONNECTION WITH AN ACTUAL SHIPMENT OF YOUR EFFECTS INCIDENT TO THE ORDERS AFFECTING YOUR RELEASE FROM ACTIVE DUTY BUT WERE INCURRED SIMPLY BECAUSE A PORTION OF YOUR EFFECTS WERE LEFT IN STORAGE FOLLOWING YOUR RELEASE FROM ACTIVE DUTY, THERE IS NO LEGAL BASIS FOR ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF APRIL 29, 1958, WAS CORRECT AND IS SUSTAINED.