B-136633, AUG 11, 1958

B-136633, AUG 11, 1958

PRECIS-UNAVAILABLE

LAWS MOVING AND STORAGE:

YOUR LETTER DATED MAY 23, 1958, REQUESTS REVIEW OF OUR SETTLEMENT OF AUGUST 8, 1957, WHICH DISALLOWED YOUR CLAIM FOR $48.57, REPRESENTING CHARGES FOR STORAGE AND HANDLING OF THE HOUSEHOLD EFFECTS OF CAPTAIN LUKE R. RIVENBARK, DURING THE PERIOD NOVEMBER 12 TO 30, 1953.

BY ORDERS DATED AUGUST 28, 1953, HEADQUARTERS, 1605TH AIR BASE WING, ABARES AIR TRANSPORT STATION, ATLANTIC DIVISION, MATS, CAPTAIN RIVENBARK WAS RELIEVED FROM HIS OVERSEAS DUTY ASSIGNMENT AND WAS ASSIGNED TO WESTOVER AIR FORCE BASE, MASSACHUSETTS, FOR RELEASE FROM ACTIVE DUTY. HIS HOME ADDRESS WAS THERE LISTED AS 2120 ATLANTIC BOULEVARD, VERO BEACH, FLORIDA. HIS HOUSEHOLD EFFECTS WERE SHIPPED FROM HIS OVERSEAS DUTY STATION TO VERO BEACH, FLORIDA, AND ARRIVED AT THAT PLACE ON OR ABOUT NOVEMBER 12, 1953. THE CARRIER INVOLVED APPEARS TO HAVE BEEN THE GREAT SOUTHERN TRUCKING COMPANY. THE EFFECTS WERE PLACED IN STORAGE AT YOUR WAREHOUSE AT VERO BEACH UNTIL NOVEMBER 30, 1953, WHEN YOU DELIVERED THEM TO CAPTAIN RIVENBARK'S RESIDENCE, WITHOUT COLLECTING THE STORAGE CHARGES. YOU NOW CLAIM REIMBURSEMENT FROM THE GOVERNMENT ON THE BASIS THAT THE SERVICES WERE PERFORMED UNDER A CONTRACT WITH THE GOVERNMENT TO THE SATISFACTION OF THE OWNER.

PARAGRAPHS 8050-6 AND 8006-1 OF THE JOINT TRAVEL REGULATIONS, IN FORCE AT THE TIME OF THE STORAGE IN QUESTION, PROVIDED:

"ACCEPTANCE AT DESTINATION. ADVANCE ARRANGEMENTS FOR IMMEDIATE ACCEPTANCE OF THE HOUSEHOLD GOODS FROM THE CARRIER AT DESTINATION ARE THE RESPONSIBILITY OF THE MEMBER. THE MEMBER IS RESPONSIBLE FOR ANY DESURRAGE, 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. SHIPMENTS WILL BE FORWARDED TO THE MEMBER OR HIS AUTHORIZED AGENT AS DESIGNATED IN HIS APPLICATION FOR TRANSPORTATION OF HOUSEHOLD GOODS (STANDARD FORM 116).

"TEMPORARY STORAGE

"A. WHEN AUTHORIZED. WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, BECAUSE OF CONDITIONS BEYOND THE 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 ALLOWANCE IS AUTHORIZED AT GOVERNMENT EXPENSE. ***"

UNDER SUCH REGULATIONS STORAGE AT DESTINATION MAY NOT BE PAID BY THE GOVERNMENT UNLESS IT APPEARS THAT SUCH STORAGE WAS NECESSARY BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE MEMBER.

THE RECORD SHOWS THAT UPON THE ARRIVAL OF CAPTAIN RIVENBARK'S EFFECTS AT VERO BEACH, THEY WERE PLACED IN STORAGE AT YOUR WAREHOUSE. HOWEVER, NO INFORMATION HAS BEEN FURNISHED AS TO WHY THE EFFECTS WERE NOT DELIVERED TO CAPTAIN RIVENBARK'S RESIDENCE AT THAT TIME. THE ADDRESS SHOWN IN THE ORDERS OF AUGUST 28, 1953, INDICATES THAT CAPTAIN RIVENBARK HAD AN ESTABLISHED RESIDENCE AT VERO BEACH AND SINCE HE HAD SUFFICIENT TIME BETWEEN HIS RELEASE FROM ACTIVE DUTY IN SEPTEMBER 1953 AND THE DATE HIS EFFECTS ARRIVED AT HIS DESTINATION IN NOVEMBER 1953 TO BE PRESENT TO ACCEPT DELIVERY OF HIS EFFECTS, IT DOES NOT APPEAR THAT THE STORAGE WAS DUE TO CIRCUMSTANCES BEYOND HIS CONTROL. IN SUCH CIRCUMSTANCES AND SINCE THE REGULATIONS MAKE THE MEMBER RESPONSIBLE FOR ANY UNAUTHORIZED STORAGE OR OTHER CHARGES INCURRED BECAUSE THE SHIPMENT WAS NOT ACCEPTED PROMPTLY FROM THE CARRIER, THE STORAGE OF CAPTAIN RIVENBARK'S EFFECTS MUST BE CONSIDERED AS HAVING BEEN RENDERED FOR HIS PERSONAL CONVENIENCE AND MAY NOT BE PAID FOR BY THE GOVERNMENT.

A CHARGE FOR UNPACKING HOUSEHOLD EFFECTS IS A PROPER CHARGE FOR SUCH SERVICES RENDERED. HOWEVER, THERE IS NO EVIDENCE THAT A CHARGE FOR THIS SERVICE HAS NOT ALREADY BEEN PAID BY THE GOVERNMENT TO THE GREAT SOUTHERN TRUCKING COMPANY. IF YOU CAN SECURE AND FURNISH FROM THE CARRIER, EVIDENCE THAT NO CHARGE WAS MADE FOR UNPACKING THE EFFECTS, FURTHER CONSIDERATION WILL BE GIVEN TO THAT ITEM OF YOUR CLAIM.

ON THE BASIS OF THE PRESENT RECORD, WE ARE WITHOUT AUTHORITY TO ALLOW YOUR CLAIM AND THE SETTLEMENT OF AUGUST 8, 1957, IS SUSTAINED.