B-136983, SEP 9, 1958

B-136983: Sep 9, 1958

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YOUR EFFECTS WERE PLACED IN COMMERCIAL STORAGE AT CORPUS CHRISTI. REMAINED THERE FOR FIVE MONTHS UNTIL SHIPMENT WAS MADE TO NEW-BELL STORAGE CORPORATION AT NORFOLK. WHEN STORAGE AGAIN WAS ASSUMED BY THE GOVERNMENT. THIS WAS DONE ON THE BASIS OF A CHANGE IN THE HOME PORT OF CARRIER DIVISION TWO FROM NORFOLK. 1955) AND HANDLING-OUT CHARGES WHEN THE EFFECTS EVENTUALLY WERE SHIPPED TO SAN FRANCISCO INCIDENT TO YOUR PERMANENT CHANGE OF STATION ORDERS OF APRIL 8. WAS COLLECTED FROM YOU BY ENTRY ON YOUR PAY RECORD IN THE JANUARY 1958 ACCOUNTS OF L. WHILE SHIPMENT IS IN TRANSIT OR EN ROUTE. STORAGE IS NOT FURNISHED FREE OF CHARGE BY CARRIER CONCERNED. 3. HOUSEHOLD EFFECTS WHICH ARE PERMITTED TO REMAIN IN STORAGE INDEFINITELY.

B-136983, SEP 9, 1958

PRECIS-UNAVAILABLE

REAR ADMIRAL HOWELL J. DYSON, USN, RETIRED:

YOUR LETTER OF JULY 21, 1958, REQUESTS REVIEW OF OUR SETTLEMENT DATED JUNE 17, 1958, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE STORAGE CHARGES OF YOUR HOUSEHOLD EFFECTS FOR THE PERIOD APRIL 27 TO SEPTEMBER 6, 1955.

THE RECORD SHOWS THAT UPON YOUR ASSIGNMENT TO SEA DUTY BY ORDERS OF SEPTEMBER 21, 1953, AS AMENDED, YOUR EFFECTS WERE PLACED IN COMMERCIAL STORAGE AT CORPUS CHRISTI, TEXAS, AND REMAINED THERE FOR FIVE MONTHS UNTIL SHIPMENT WAS MADE TO NEW-BELL STORAGE CORPORATION AT NORFOLK, VIRGINIA. THE GOVERNMENT PAID FOR THE FIVE MONTHS' STORAGE AT CORPUS CHRISTI AND FOR ONE MONTH'S STORAGE AT NORFOLK. YOU PAID THE STORAGE CHARGES FROM THAT TIME UNTIL APRIL 27, 1955, WHEN STORAGE AGAIN WAS ASSUMED BY THE GOVERNMENT. THIS WAS DONE ON THE BASIS OF A CHANGE IN THE HOME PORT OF CARRIER DIVISION TWO FROM NORFOLK, VIRGINIA, TO MAYPORT, FLORIDA. THE GOVERNMENT PAID THE SUM OF $208.56 FOR THIS STORAGE (APRIL 27 TO SEPTEMBER 6, 1955) AND HANDLING-OUT CHARGES WHEN THE EFFECTS EVENTUALLY WERE SHIPPED TO SAN FRANCISCO INCIDENT TO YOUR PERMANENT CHANGE OF STATION ORDERS OF APRIL 8, 1955. THIS AMOUNT, WHICH YOU NOW CLAIM, WAS COLLECTED FROM YOU BY ENTRY ON YOUR PAY RECORD IN THE JANUARY 1958 ACCOUNTS OF L. A. CAMPBELL, SYMBOL A-5178.

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. HOUSEHOLD EFFECTS WHICH ARE PERMITTED TO REMAIN IN STORAGE INDEFINITELY, EVEN THOUGH SHIPPED IN THE INTERIM FROM ONE PLACE OF STORAGE TO ANOTHER, MUST BE REGARDED AS IN NONTEMPORARY STORAGE, NOTWITHSTANDING THE FACT THAT THE STORAGE AT ONE POINT MAY HAVE BEEN NOT LONGER THAN SIX MONTHS, THE MAXIMUM PERIOD OF TEMPORARY STORAGE PRESCRIBED BY REGULATIONS.

SINCE YOUR EFFECTS WERE IN STORAGE CONTINUOUSLY (CORPUS CHRISTI, AND NORFOLK) FROM THE TIME YOU WERE ORDERED TO SEA DUTY UNTIL SEPTEMBER 6, 1955, WHEN THEY WERE MOVED OUT OF STORAGE ON YOUR REQUEST OF AUGUST 24, 1955, FOR SHIPMENT TO SAN FRANCISCO INCIDENT TO YOUR ORDERS OF APRIL 8, 1955, IT IS CLEAR THAT YOUR EFFECTS MUST BE REGARDED AS HAVING BEEN IN NONTEMPORARY STORAGE DURING THAT ENTIRE PERIOD. IN THOSE CIRCUMSTANCES THE ONLY STORAGE THAT COULD HAVE BEEN AUTHORIZED BY THE GOVERNMENT WOULD HAVE BEEN NONTEMPORARY STORAGE IN A GOVERNMENT FACILITY. HOWEVER, SUCH STORAGE IS A SERVICE THAT COULD BE RENDERED IN KIND ONLY, AS THERE WAS NO AUTHORITY AT THAT TIME FOR REIMBURSING A MEMBER FOR THE COMMERCIAL COSTS OF NONTEMPORARY STORAGE. THEREFORE, IT APPEARS THAT NO PART OF THE STORAGE OF YOUR EFFECTS, THAT IS, AT CORPUS CHRISTI OR AT NORFOLK, SHOULD HAVE BEEN PAID BY THE GOVERNMENT. SINCE UNDER THE APPLICABLE STATUTE AND REGULATIONS AN ORDERED CHANGE OF PERMANENT STATION DOES NOT OF ITSELF, GIVE RISE TO A RIGHT TO TEMPORARY STORAGE OF HOUSEHOLD EFFECTS, THE FACT THAT ANOTHER SHIP WAS ASSIGNED TO CARRIER DIVISION TWO AS FLAGSHIP HAS NO BEARING IN THE MATTER.

CONCERNING THE HANDLING-OUT CHARGE OF $37.92 REFERRED TO IN YOUR LETTER OF JULY 21, 1958, YOU ARE ADVISED THAT THIS CHARGE REPRESENTS THE COST OF HANDLING YOUR EFFECTS OUT OF STORAGE WHEN YOUR EFFECTS WERE SHIPPED TO SAN FRANCISCO INCIDENT TO YOUR ORDERS OF APRIL 8, 1955. SINCE THIS CHARGE WOULD NOT HAVE BEEN INCURRED IF YOUR EFFECTS HAD NOT BEEN IN STORAGE AND SINCE THE COSTS OF STORAGE MAY NOT BE PAID BY THE GOVERNMENT IT IS CLEAR THAT THE HANDLING-OUT CHARGE IS ALSO NOT FOR PAYMENT BY THE GOVERNMENT.

ACCORDINGLY, THE SETTLEMENT OF JUNE 17, 1958, WHICH DISALLOWED YOUR CLAIM WAS CORRECT, AND APPROPRIATE ACTION WILL BE TAKEN BY OUR OFFICE TO ASCERTAIN AND RECOVER THE AMOUNT OF THE ERRONEOUS PAYMENTS MADE FOR THE FIVE MONTHS' STORAGE OF YOUR EFFECTS AT CORPUS CHRISTI, TEXAS, AND THE ADDITIONAL ONE MONTH OF STORAGE AT NORFOLK, VIRGINIA.