B-137520, OCT 20, 1958

B-137520: Oct 20, 1958

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IRVING: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 3. YOU WERE TRANSFERRED TO DUTY OVERSEAS WITH FLEET AIR WING SIX (HOME PORT. YOU STATE THAT NO SHIPMENT OF HOUSEHOLD EFFECTS WAS MADE AT THAT TIME PENDING COMPLETION OF THE SCHOOL YEAR FOR YOUR CHILDREN AND A DECISION AS TO WHERE YOUR DEPENDENTS WOULD LIVE DURING YOUR EXPECTED ABSENCE OF ONE YEAR. THE HOME PORT OF FLEET AIR WING SIX WAS CHANGED FROM ALAMEDA. UPON AUDIT OF THE DISBURSING OFFICER'S ACCOUNTS AN EXCEPTION WAS TAKEN TO THE STORAGE PAYMENT FOR THE REASON THAT THE STORAGE WAS NOT INCIDENT TO A SHIPMENT UNDER THE SAME ORDERS. THE FIRST ADMINISTRATIVE NOTICE THAT TEMPORARY STORAGE IS AUTHORIZED ONLY IN CONNECTION WITH A SHIPMENT OF HOUSEHOLD GOODS.

B-137520, OCT 20, 1958

PRECIS-UNAVAILABLE

LIEUTENANT COMMANDER CYRIL L. IRVING:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 3, 1958, REQUESTING REVIEW OF THE SETTLEMENT DATED AUGUST 6, 1958, WHICH DISALLOWED YOUR CLAIM FOR $126.50, REPRESENTING THE AMOUNT COLLECTED FROM YOU AS THE COST OF STORING YOUR HOUSEHOLD EFFECTS FROM JUNE 3 TO NOVEMBER 17, 1954.

BY ORDERS DATED DECEMBER 18, 1953, AS AMENDED BY ORDERS DATED JANUARY 15, 1954, YOU WERE TRANSFERRED TO DUTY OVERSEAS WITH FLEET AIR WING SIX (HOME PORT, ALAMEDA, CALIFORNIA) UPON COMPLETION OF A COURSE OF INSTRUCTION AT U. S. NAVAL POSTGRADUATE SCHOOL, MONTEREY, CALIFORNIA. YOU STATE THAT NO SHIPMENT OF HOUSEHOLD EFFECTS WAS MADE AT THAT TIME PENDING COMPLETION OF THE SCHOOL YEAR FOR YOUR CHILDREN AND A DECISION AS TO WHERE YOUR DEPENDENTS WOULD LIVE DURING YOUR EXPECTED ABSENCE OF ONE YEAR, AND THAT YOU REQUESTED TEMPORARY COMMERCIAL STORAGE OF YOUR EFFECTS IN MONTEREY ON JUNE 3, 1954, PENDING THE FINDING OF A HOME FOR YOUR DEPENDENTS. THE DEPARTMENT OF THE NAVY PAID $126.50 FOR STORAGE FOR THE PERIOD JUNE 3 TO NOVEMBER 17, 1954. ON OCTOBER 1, 1954, THE HOME PORT OF FLEET AIR WING SIX WAS CHANGED FROM ALAMEDA, CALIFORNIA, TO IWAKUNI, JAPAN. ON NOVEMBER 17, 1954, YOU REQUESTED AND RECEIVED SHIPMENT OF YOUR EFFECTS FROM MONTEREY TO STOCKTON, CALIFORNIA, AT GOVERNMENT EXPENSE INCIDENT TO THE LATTER ORDERS. UPON AUDIT OF THE DISBURSING OFFICER'S ACCOUNTS AN EXCEPTION WAS TAKEN TO THE STORAGE PAYMENT FOR THE REASON THAT THE STORAGE WAS NOT INCIDENT TO A SHIPMENT UNDER THE SAME ORDERS, THE ONLY MOVEMENT OF YOUR EFFECTS UNDER THE ORDERS OF DECEMBER 18, 1953, AS AMENDED, BEING FROM RESIDENCE TO LOCAL STORAGE. YOU STATE THAT ACCORDING TO BUREAU OF SUPPLIES AND ACCOUNTS INSTRUCTIONS AND NOTICES ON FILE AT NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, THE FIRST ADMINISTRATIVE NOTICE THAT TEMPORARY STORAGE IS AUTHORIZED ONLY IN CONNECTION WITH A SHIPMENT OF HOUSEHOLD GOODS, WAS DATED DECEMBER 7, 1954, WHEREAS YOUR EFFECTS WERE STORED DURING THE PERIOD JUNE 3 TO NOVEMBER 17, 1954. YOU STATE THAT THE GOVERNMENT NORMALLY PROVIDES RESTITUTION FOR ANY DAMAGE OR INJURY INCURRED DUE TO ACTS OF THE GOVERNMENT, AND THAT IN THIS CASE THE DIRECTIVE CHANGING THE HOME PORT OF FLEET AIR WING SIX AFFECTED THE PLANS OF MANY MEMBERS. ALSO, YOU STATE THAT ANOTHER MEMBER PLACED HIS HOUSEHOLD EFFECTS IN STORAGE UNDER IDENTICAL CIRCUMSTANCES, WAS CHECKED FOR THE COST, AND LATER RECEIVED REIMBURSEMENT.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT, UNDER SUCH REGULATIONS AS THE SECRETARIES MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO "TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING)" OF HOUSEHOLD EFFECTS, IN CONNECTION WITH A CHANGE OF STATION, TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES. PARAGRAPH 8006-1 OF THE JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDED FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS WHEN NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION DUE TO CONDITIONS BEYOND CONTROL OF THE MEMBER (INCLUDING DIRECTED SURRENDER OF QUARTERS, ARRIVAL OF SHIPMENT AT DESTINATION BEFORE ARRIVAL OF MEMBER, OR NONAVAILABILITY OF HOUSING AT DESTINATION). IT FURTHER PROVIDED THAT SUCH STORAGE MUST ACCRUE DURING ANY OF THE FOLLOWING PERIODS: (1) AFTER PICKUP OF PROPERTY AND BEFORE DISPATCH OF SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN; (2) WHILE SHIPMENT WAS IN TRANSIT OR EN ROUTE AND STORAGE WAS NOT FURNISHED FREE OF CHARGE BY CARRIER CONCERNED; OR (3) AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION STATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS. THUS, THE LAW AND REGULATIONS CLEARLY CONTEMPLATED TEMPORARY STORAGE ONLY WHEN STORAGE BECAME NECESSARY AS AN INTEGRAL PART OF AN ACTUAL SHIPMENT OF HOUSEHOLD EFFECTS INCIDENT TO A PERMANENT CHANGE OF STATION. THIS WAS TRUE WHEN YOUR EFFECTS WERE STORED AND, IN FACT, HAS BEEN THE CASE AT ALL TIMES UNDER THE CITED ACT AND REGULATIONS ISSUED UNDER AUTHORITY OF THAT ACT. SEE DECISION OF APRIL 16, 1954, 33 COMP. GEN. 470. THE RULE CONSISTENTLY HAS BEEN FOLLOWED THAT WHEN EFFECTS ARE NOT SHIPPED BUT ARE SIMPLY PLACED IN TEMPORARY COMMERCIAL STORAGE PENDING SUCH FUTURE DISPOSITION AS THE OWNER MAY DESIRE, NO PART OF THE STORAGE MAY BE FURNISHED AT PUBLIC EXPENSE. IF THE REGULATIONS WERE BEING GIVEN A DIFFERENT ADMINISTRATIVE INTERPRETATION WHEN YOUR EFFECTS WERE STORED, THAT FACT WOULD NOT AFFECT YOUR RIGHTS IN ANY WAY. 34 COMP. GEN. 45.

SINCE YOUR EFFECTS WERE PLACED IN COMMERCIAL STORAGE, NOT BECAUSE STORAGE WAS NECESSARY AS A PART OF AN ACTUAL SHIPMENT, BUT TO AWAIT FURTHER DISPOSITION, IF AND WHEN A HOME WAS LOCATED WHICH MET THE NEEDS AND PREFERENCES OF YOUR FAMILY BETTER THAN THE RESIDENCE IN WHICH THEY THEN WERE LIVING, THERE IS NO LEGAL AUTHORITY FOR PAYMENT BY THE GOVERNMENT OF THE COST INCURRED. THE FACT THAT THE HOME PORT OF YOUR ORGANIZATION WAS CHANGED ON OCTOBER 1, 1954, HAS NO BEARING ON YOUR CLAIM, SINCE THAT CHANGE HAD NOTHING TO DO WITH YOUR REASONS FOR PLACING YOUR EFFECTS IN STORAGE ON JUNE 3, 1954. THE SETTLEMENT DISALLOWING YOUR CLAIM WAS PROPER, AND IS SUSTAINED.

IF YOU WILL FURNISH THE NAME, RANK AND ADDRESS OF THE MEMBER YOU STATE WAS REIMBURSED STORAGE COSTS UNDER IDENTICAL CIRCUMSTANCES AND, IF POSSIBLE, THE NAME OF THE DISBURSING OFFICER, APPROXIMATE DATE OF PAYMENT OR OTHER IDENTIFYING INFORMATION, APPROPRIATE STEPS WILL BE INITIATED TO RECOVER ANY AMOUNTS THAT MAY HAVE BEEN ERRONEOUSLY DISBURSED.