B-137529, OCT 28, 1958

B-137529: Oct 28, 1958

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USAF: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 4. YOU WERE DIRECTED TO PROCEED ON OR ABOUT APRIL 17. HE ADVISED YOU THAT THIS WAS NOT POSSIBLE. IT APPEARS TO BE YOUR CONTENTION THAT YOU SHOULD HAVE BEEN AUTHORIZED NONTEMPORARY STORAGE OF YOUR EFFECTS UNDER PARAGRAPH 8007-5 OF THE JOINT TRAVEL REGULATIONS INCIDENT TO YOUR ORDERS OF APRIL 6. FOR THE REASON THAT THOSE ORDERS EFFECTED YOUR DETACHMENT FROM YOUR PERMANENT DUTY STATION AT CHANUTE AIR FORCE BASE AND ON THE BASIS THAT YOU WERE ERRONEOUSLY DENIED SUCH STORAGE. 1956) AUTHORIZES STORAGE OF HOUSEHOLD GOODS UNDER THE PROVISIONS OF PARAGRAPH 8006 OF THE JOINT TRAVEL REGULATIONS WHEN A MEMBER IS UNDER ORDERS FROM A PERMANENT DUTY STATION AND ORDERED TO TEMPORARY DUTY WITHOUT RETURN TO SUCH PERMANENT DUTY STATION.

B-137529, OCT 28, 1958

PRECIS-UNAVAILABLE

CAPTAIN GEORGE H. LUNGER, USAF:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 4, 1958, AND ENCLOSURES, REQUESTING REVIEW OF OUR SETTLEMENT DATED MARCH 21, 1958, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE STORAGE CHARGES OF YOUR HOUSEHOLD EFFECTS FOR THE PERIOD APRIL 16, 1956, TO AUGUST 16, 1957.

BY ORDERS DATED APRIL 6, 1956, HEADQUARTERS, CHANUTE AIR FORCE BASE, ILLINOIS, YOU WERE DIRECTED TO PROCEED ON OR ABOUT APRIL 17, 1956, FROM CHANUTE AIR FORCE BASE, ILLINOIS, TO SIOUX CITY MUNICIPAL AIRPORT, SERGEANT BLUFF, IOWA, ON TEMPORARY DUTY AS DETACHMENT COMMANDER OF A MOBILE TRAINING DETACHMENT FOR A PERIOD OF APPROXIMATELY 60 DAYS. THE RECORD SHOWS THAT FOLLOWING RECEIPT OF THESE ORDERS YOU CONTACTED THE TRANSPORTATION OFFICER AT CHANUTE AIR FORCE BASE TO DETERMINE IF YOUR EFFECTS COULD BE STORED AT GOVERNMENT EXPENSE. HE ADVISED YOU THAT THIS WAS NOT POSSIBLE. YOU STATE THAT SINCE YOU UNDERSTOOD THAT YOUR TOUR OF TEMPORARY DUTY WOULD BE EXTENDED, AND SINCE YOU WISHED TO AVOID SEPARATION FROM YOUR FAMILY, YOU ARRANGED FOR THE STORAGE OF YOUR HOUSEHOLD EFFECTS AT YOUR OWN EXPENSE. IT APPEARS TO BE YOUR CONTENTION THAT YOU SHOULD HAVE BEEN AUTHORIZED NONTEMPORARY STORAGE OF YOUR EFFECTS UNDER PARAGRAPH 8007-5 OF THE JOINT TRAVEL REGULATIONS INCIDENT TO YOUR ORDERS OF APRIL 6, 1956, FOR THE REASON THAT THOSE ORDERS EFFECTED YOUR DETACHMENT FROM YOUR PERMANENT DUTY STATION AT CHANUTE AIR FORCE BASE AND ON THE BASIS THAT YOU WERE ERRONEOUSLY DENIED SUCH STORAGE, YOU NOW SHOULD BE ALLOWED THE COSTS YOU INCURRED FOR THE COMMERCIAL STORAGE OF YOUR EFFECTS.

PARAGRAPH 8007-5 OF THE JOINT TRAVEL REGULATIONS (CHANGE 43 EFFECTIVE FEBRUARY 1, 1956) AUTHORIZES STORAGE OF HOUSEHOLD GOODS UNDER THE PROVISIONS OF PARAGRAPH 8006 OF THE JOINT TRAVEL REGULATIONS WHEN A MEMBER IS UNDER ORDERS FROM A PERMANENT DUTY STATION AND ORDERED TO TEMPORARY DUTY WITHOUT RETURN TO SUCH PERMANENT DUTY STATION, OR TO TEMPORARY DUTY FOR FURTHER ASSIGNMENT. YOUR ORDERS OF APRIL 6, 1956, IN PERTINENT PART, PROVIDE AS FOLLOWS:

"22. THE FNCA 3497TH MOL TNG SQ (F84-10 PBL TNG DET) (ORGD UNIT) WILL PROBOUT 17 APR 56 FROM CHANUTE AFB. ILL. TO SIOUX CITY MUNI APRT IOWA ON TDY FOR A PD OF APRX 60 DAYS TO CONDUCT FAM TNG ON F84-C ACFT (DCPF-SIOUX CITY MUNI APRT ANG IOWA). PURPLET.

"CAPT GEORGE H. LUNDER AG 1848317 (DET COMDR)"

THIS PORTION OF YOUR ORDERS WITH ABBREVIATIONS AS DEFINED BY JANAP 169, STANDARD ABBREVIATIONS, ISSUED BY THE JOINT CHIEFS OF STAFF, SEPTEMBER 1953, READS AS FOLLOWS:

FOLLOWING NAMED OFFICERS AND AIRMEN 3497TH MOBILE TRAINING SQUAD (F84-10 MOBILE TRAINING DETACHMENT) (ORGANIZED UNIT) WILL PROCEED ON OR ABOUT 17 APRIL 1956 FROM CHANUTE AIR FORCE BASE, ILLINOIS, TO SIOUX CITY MUNICIPAL AIRPORT, IOWA, ON TEMPORARY DUTY FOR A PERIOD OF APPROXIMATELY 60 DAYS TO CONDUCT FAMILIARIZATION TRAINING ON F84-G AIRCRAFT (DUTY DIRECTED IN ORDER IS BEING PERFORMED FOR SIOUX CITY MUNICIPAL AIRPORT AIR NATIONAL GUARD, IOWA). FURTHER ORDERS WILL BE ISSUED PRIOR COMPLETION TEMPORARY DUTY DIRECTED HEREIN.

SUBSEQUENTLY, BY A SERIES OF TEMPORARY DUTY ORDERS ISSUED AT HEADQUARTERS, CHANUTE AIR FORCE BASE, ILLINOIS, YOU WERE ASSIGNED FURTHER TEMPORARY DUTY AT VARIOUS AIR FORCE BASES FOR SPECIFIC PERIODS OF TIME. FURTHER, YOU IN FACT WERE RETURNED TO YOUR PERMANENT STATION AT CHANUTE AIR FORCE BASE UPON COMPLETION OF THE TEMPORARY DUTY FOLLOWING WHICH YOU WERE TRANSFERRED TO ENGLAND AIR FORCE BASE, LOUISIANA, BY PERMANENT CHANGE OF STATION ORDERS DATED AUGUST 9, 1957.

THUS, IT IS CLEAR THAT YOU WERE NOT DETACHED FROM YOUR PERMANENT DUTY STATION AT CHANUTE AIR FORCE BASE BY THE ORDERS OF APRIL 6, 1956, AND, THEREFORE, YOU WERE NOT ENTITLED TO NONTEMPORARY STORAGE OF YOUR HOUSEHOLD EFFECTS UNDER THE PROVISIONS OF PARAGRAPH 8007-5 OF THE JOINT TRAVEL REGULATIONS. ALSO, PUBLIC LAW 245, 69 STAT. 532, CITED BY YOU, BY ITS TERMS LIMITS NONTEMPORARY COMMERCIAL STORAGE OF HOUSEHOLD EFFECTS TO THE WEIGHT ALLOWANCE AUTHORIZED UNDER THE ORDERS INVOLVED. HENCE, NO RIGHT TO STORAGE OF YOUR PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE OF HOUSEHOLD EFFECTS ACCRUED TO YOU UNDER THAT STATUTE INCIDENT TO THE ORDERS OF APRIL 6, 1956, AND SUBSEQUENT TEMPORARY DUTY ORDERS.

ACCORDINGLY, THE SETTLEMENT OF MARCH 21, 1958, WAS CORRECT AND IS SUSTAINED.