B-139754, AUG. 7, 1959

B-139754: Aug 7, 1959

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TO THE SECRETARY OF THE NAVY: REFERENCE IS MADE TO LETTER OF MAY 26. THE SPECIFIC CASE INVOLVES A MEMBER WHOSE HOUSEHOLD GOODS WERE MOVED AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION. IT IS STATED THAT PRIOR TO THE SHIPMENT THE MEMBER WAS ADVISED HE WOULD BE ASSIGNED INITIALLY TO PARTIALLY FURNISHED TEMPORARY QUARTERS AT HIS NEW STATION FOR THE REASON THAT PERMANENT QUARTERS WERE NOT THEN AVAILABLE. WERE TEMPORARILY STORED IN COMMERCIAL FACILITIES. THE REMAINING HOUSEHOLD GOODS WERE WITHDRAWN AT A COST TO THE GOVERNMENT OF $296.55 FOR STORAGE. IT IS REPORTED THAT IN EACH CASE THE DRAYAGE WAS AT THE RATE OF $1.50 PER HUNDREDWEIGHT AND THAT THE RATE WOULD HAVE BEEN THE SAME IF DRAYAGE HAD BEEN IN ONE LOT.

B-139754, AUG. 7, 1959

TO THE SECRETARY OF THE NAVY:

REFERENCE IS MADE TO LETTER OF MAY 26, 1959, FROM THE ASSISTANT SECRETARY OF THE NAVY REQUESTING DECISION AS TO THE PROPRIETY OF CHARGING NAVAL APPROPRIATIONS TO DEFRAY DRAYAGE COSTS INCURRED IN A PARTIAL WITHDRAWAL OF HOUSEHOLD GOODS FROM TEMPORARY STORAGE BY A MEMBER OF THE UNIFORMED SERVICES. THE REQUEST HAS BEEN ASSIGNED CONTROL NO. 59-23 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE SPECIFIC CASE INVOLVES A MEMBER WHOSE HOUSEHOLD GOODS WERE MOVED AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION. IT IS STATED THAT PRIOR TO THE SHIPMENT THE MEMBER WAS ADVISED HE WOULD BE ASSIGNED INITIALLY TO PARTIALLY FURNISHED TEMPORARY QUARTERS AT HIS NEW STATION FOR THE REASON THAT PERMANENT QUARTERS WERE NOT THEN AVAILABLE. CONSEQUENTLY, THE MEMBER SEGREGATED AND TAGGED CERTAIN ITEMS WHICH HE INTENDED FOR EARLY DELIVERY TO HIS TEMPORARY QUARTERS. UPON ARRIVAL AT DESTINATION, THE HOUSEHOLD EFFECTS, WEIGHING 10,460 POUNDS, WERE TEMPORARILY STORED IN COMMERCIAL FACILITIES. SUBSEQUENTLY, THE MEMBER WITHDREW THE TAGGED ITEMS AND HAD THEM DELIVERED TO HIS TEMPORARY QUARTERS. THE GOVERNMENT PAID $96.75 FOR STORAGE, WAREHOUSE HANDLING AND LOCAL DRAYAGE OF THOSE ITEMS. UPON ASSIGNMENT TO PERMANENT QUARTERS, THE REMAINING HOUSEHOLD GOODS WERE WITHDRAWN AT A COST TO THE GOVERNMENT OF $296.55 FOR STORAGE, WAREHOUSE HANDLING AND LOCAL DRAYAGE. IT IS REPORTED THAT IN EACH CASE THE DRAYAGE WAS AT THE RATE OF $1.50 PER HUNDREDWEIGHT AND THAT THE RATE WOULD HAVE BEEN THE SAME IF DRAYAGE HAD BEEN IN ONE LOT, SO THAT NO GREATER COST WAS INCURRED BY REASON OF DRAYAGE IN TWO LOTS. IT IS STATED, HOWEVER, THAT UPON ADMINISTRATIVE REVIEW OF THE PAYMENTS, QUESTION HAS ARISEN AS TO THE PROPRIETY OF THE PAYMENT FOR DRAYAGE IN CONNECTION WITH THE PARTIAL WITHDRAWAL.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT AS AMENDED, 37 U.S.C. 253, PROVIDES THAT UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE AND REPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS. PARAGRAPH 8100.3 OF THE JOINT TRAVEL REGULATIONS, PROVIDES THAT WITHDRAWAL OF PARTIAL LOTS OF HOUSEHOLD GOODS FROM TEMPORARY STORAGE AT GOVERNMENT EXPENSE IS NOT AUTHORIZED, BUT THAT A MEMBER MAY WITHDRAW A PART OF HIS HOUSEHOLD GOODS FROM TEMPORARY STORAGE UPON PAYMENT OF ALL COSTS OF ACCESS AND REMOVAL WITHOUT THEREBY FORFEITING HIS RIGHT TO CONTINUED TEMPORARY STORAGE AND ULTIMATE DELIVERY OF THE REMAINDER OF HIS HOUSEHOLD GOODS.

UNDER THE LAW AND CONTROLLING REGULATIONS THE MEMBER IS ENTITLED TO TRANSPORTATION OF HIS EFFECTS FROM HIS RESIDENCE AT THE OLD STATION TO HIS RESIDENCE AT THE NEW STATION AND TO NECESSARY STORAGE INCIDENT TO TRANSPORTATION. NORMALLY, WHERE TEMPORARY STORAGE IS REQUIRED, THE EFFECTS ARE REMOVED FROM STORAGE AND HAULED TO THE MEMBER'S RESIDENCE IN ONE LOT AT GOVERNMENT EXPENSE. THE APPARENT PURPOSE OF PARAGRAPH 8100.3 IS TO PERMIT THE MEMBER TO WITHDRAW A PORTION OF HIS EFFECTS FROM STORAGE ONLY IF HE PAYS THE COST OF ACCESS AND REMOVAL--- THIS BEING AN EXPENSE THE GOVERNMENT ORDINARILY WOULD NOT INCUR. HE IS, HOWEVER, ENTITLED TO DRAYAGE OF THOSE EFFECTS FROM STORAGE TO RESIDENCE AT GOVERNMENT EXPENSE AND TO THE SUBSEQUENT DRAYAGE OF THE MAJOR PORTION OF HIS EFFECTS UPON THEIR REMOVAL FROM STORAGE, NOT TO EXCEED THE COST HAD THE EFFECTS BEEN HAULED IN ONE LOT.

ON THE BASIS OF THE FACTS PRESENTED, PAYMENT OF THE DRAYAGE COSTS WAS PROPER.