B-139642, JUL. 9, 1959

B-139642: Jul 9, 1959

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9423406: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 21. YOU WERE TRANSFERRED FROM WASHINGTON. YOU WERE TRANSFERRED TO U.S. WERE HAULED TO COMMERCIAL STORAGE IN WASHINGTON. THE AMOUNT OF THE EXCEPTION WAS COLLECTED FROM YOU BY CHECK AGE. IN THE SETTLEMENT MENTIONED ABOVE IT WAS STATED THAT THE STORAGE WAS NOT INCIDENT TO AN ACTUAL SHIPMENT OF THE EFFECTS AND THAT YOUR EFFECTS APPARENTLY WERE PLACED IN STORAGE PENDING FURTHER DISPOSITION. IN YOUR REQUEST FOR REVIEW YOU STATE THAT YOU COULD NOT HAVE SHIPPED YOUR EFFECTS AT THE TIME THEY WERE PLACED IN STORAGE FOR THE REASON THAT YOU WERE NOT ASSIGNED TO PERMANENT DUTY UNTIL SIX MONTHS LATER. THE STORAGE OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949.

B-139642, JUL. 9, 1959

TO OSCAR LLOYD LATHIM, CD1, 9423406:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 21, 1959, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF APRIL 9, 1959, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $74.73, REPRESENTING THE AMOUNT COLLECTED FROM YOU AS THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS FROM MAY 14 TO NOVEMBER 13, 1956.

BY ORDERS DATED APRIL 30, 1956, YOU WERE TRANSFERRED FROM WASHINGTON, D.C., TO PORT HUENEME, CALIFORNIA, FOR TEMPORARY DUTY OF 14 WEEKS' DURATION ATTENDING THE NAVAL SCHOOL, AND FOR FURTHER ASSIGNMENT. THE ORDERS REQUIRED YOU TO REPORT NOT LATER THAN JUNE 29, 1956. BY ORDERS DATED OCTOBER 23, 1956, YOU WERE TRANSFERRED TO U.S. NAVAL MOBILE CONSTRUCTION BATTALION ELEVEN AT FORT HUENEME FOR DUTY. ON THE BASIS OF THE FIRST ORDERS YOUR HOUSEHOLD EFFECTS, WEIGHING 2,490 POUNDS, WERE HAULED TO COMMERCIAL STORAGE IN WASHINGTON, D.C., ON MAY 14, 1956. THE DEPARTMENT OF THE NAVY PAID $170.60 REPRESENTING THE COST OF HAULING YOUR EFFECTS TO STORAGE, HANDLING IN STORAGE, AND STORAGE FOR SIX MONTHS. UPON AUDIT OF THE DISBURSING OFFICER'S ACCOUNT WE TOOK EXCEPTION TO THE PAYMENT OF STORAGE AND RELATED HANDLING CHARGES. AS THE RESULT, THE AMOUNT OF THE EXCEPTION WAS COLLECTED FROM YOU BY CHECK AGE. IN THE SETTLEMENT MENTIONED ABOVE IT WAS STATED THAT THE STORAGE WAS NOT INCIDENT TO AN ACTUAL SHIPMENT OF THE EFFECTS AND THAT YOUR EFFECTS APPARENTLY WERE PLACED IN STORAGE PENDING FURTHER DISPOSITION. IN YOUR REQUEST FOR REVIEW YOU STATE THAT YOU COULD NOT HAVE SHIPPED YOUR EFFECTS AT THE TIME THEY WERE PLACED IN STORAGE FOR THE REASON THAT YOU WERE NOT ASSIGNED TO PERMANENT DUTY UNTIL SIX MONTHS LATER; THAT YOU DID NOT CONTEMPLATE LEAVING THEM IN STORAGE INDEFINITELY, AND THAT AS A MATTER OF FACT YOUR WIFE HAD THEM SHIPPED TO OXNARD, CALIFORNIA, IN OCTOBER 1957, AT WHICH TIME SHE HAD A FEW ITEMS MOVED INTO FURNISHED QUARTERS AND THE BALANCE PLACED IN STORAGE.

THE STORAGE OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253C. PARAGRAPH 8006-1 OF THOSE REGULATIONS PROVIDES FOR TEMPORARY STORAGE IN COMMERCIAL FACILITIES WHEN NECESSARY IN CONNECTION WITH A SHIPMENT OF EFFECTS INCIDENT TO A PERMANENT CHANGE OF STATION. IT HAS BEEN HELD THAT THE MOVEMENT OF EFFECTS FROM STORAGE AT THE OLD STATION TO STORAGE AT THE NEW STATION, OR OTHER DESTINATION, IS MERELY A CONTINUATION OF STORAGE INTERRUPTED BY TRANSPORTATION FROM ONE PLACE OF STORAGE TO ANOTHER PLACE OF STORAGE AND, CONSEQUENTLY CANNOT BE CONSIDERED TEMPORARY STORAGE UNDER THE CONDITIONS CONTEMPLATED BY THE STATUTE AND APPLICABLE REGULATIONS. THE CIRCUMSTANCES, THERE WAS NO AUTHORITY FOR PAYMENT OF ANY PART OF THE STORAGE, AND THERE IS NO LEGAL BASIS FOR PAYMENT OF YOUR CLAIM.