B-141252, DEC. 28, 1959

B-141252: Dec 28, 1959

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BY THOSE ORDERS YOU WERE TRANSFERRED FROM THE UNITED STATES NAVAL RECEIVING STATION. THE HOME YARD OF THE VESSEL WAS CHARLESTON. YOUR HOUSEHOLD EFFECTS WERE MOVED FROM YOUR RESIDENCE IN PALISADES PARK. WHEN THEY WERE SHIPPED TO STORAGE AT CAMP LA JEUNE. AN EXCEPTION TO THE PAYMENT WAS TAKEN IN THE DISBURSING OFFICER'S ACCOUNTS FOR THE REASON THAT STORAGE OF YOUR EFFECTS WAS NOT AUTHORIZED SINCE IT WAS NOT INCIDENT TO TRANSPORATION OF SUCH EFFECTS FROM QUARTERS AT THE OLD STATION OR OTHER LOCATION TO QUARTERS AT THE NEW STATION OR OTHER DESTINATION AS REQUIRED BY SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949. THE SUM OF $125.97 WAS DEDUCTED FROM YOUR PAY ACCOUNT IN THE MARCH 1955 ACCOUNT OF LIEUTENANT N.

B-141252, DEC. 28, 1959

TO WILSON W. DUNLAP, RMC, (FR) USN:

YOUR LETTER OF NOVEMBER 2, 1959, REQUESTS REVIEW OF SETTLEMENT DATED JULY 30, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE STORAGE CHARGES OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR CHANGE OF STATION ORDERS DATED JANUARY 12, 1955.

BY THOSE ORDERS YOU WERE TRANSFERRED FROM THE UNITED STATES NAVAL RECEIVING STATION, BOSTON, MASSACHUSETTS, TO DUTY ABOARD THE U.S.S. FRIGATE BIRD (ANS-191). THE HOME YARD OF THE VESSEL WAS CHARLESTON, SOUTH CAROLINA. ON FEBRUARY 7, 1955, YOUR HOUSEHOLD EFFECTS WERE MOVED FROM YOUR RESIDENCE IN PALISADES PARK, NEW JERSEY, TO COMMERCIAL STORAGE IN CHARLESTON, SOUTH CAROLINA. THE EFFECTS REMAINED IN STORAGE THERE UNTIL AUGUST 2, 1955, WHEN THEY WERE SHIPPED TO STORAGE AT CAMP LA JEUNE, NORTH CAROLINA, INCIDENT TO ORDERS DATED JULY 15, 1955. THE GOVERNMENT PAID THE SUM OF $125.97 FOR STORAGE AND HANDLING IN AND OUT CHARGES FOR THE PERIOD FEBRUARY 12 TO JULY 28, 1955. AN EXCEPTION TO THE PAYMENT WAS TAKEN IN THE DISBURSING OFFICER'S ACCOUNTS FOR THE REASON THAT STORAGE OF YOUR EFFECTS WAS NOT AUTHORIZED SINCE IT WAS NOT INCIDENT TO TRANSPORATION OF SUCH EFFECTS FROM QUARTERS AT THE OLD STATION OR OTHER LOCATION TO QUARTERS AT THE NEW STATION OR OTHER DESTINATION AS REQUIRED BY SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949. THE SUM OF $125.97 WAS DEDUCTED FROM YOUR PAY ACCOUNT IN THE MARCH 1955 ACCOUNT OF LIEUTENANT N. KEARSLEY, SC. USN. YOUR CLAIM FOR REFUND OF THIS AMOUNT WAS DISALLOWED BY SETTLEMENT DATED JULY 30, 1957.

IT APPEARS TO BE YOUR VIEW THAT YOUR CLAIM FOR STORAGE OF YOUR EFFECTS SHOULD BE ALLOWED BECAUSE IT WAS THE RESULT OF CONDITIONS BEYOND YOUR CONTROL. SPECIFICALLY, YOUR INABILITY TO RENT UNFURNISHED QUARTERS IN CHARLESTON, SOUTH CAROLINA, FOR THE SHORT PERIOD YOU NEEDED QUARTERS THERE.

THE TEMPORARY STORAGE OF HOUSEHOLD GOODS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253. THAT SECTION PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED, IN CONNECTION WITH A CHANGE OF STATION, TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS" TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. THE PERTINENT PARAGRAPHS OF THE JOINT TRAVEL REGULATIONS IN EFFECT AT THE TIME INVOLVED ARE AS FOLLOWS:

"8050-6. ACCEPTANCE AT DESTINATION. ADVANCE ARRANGEMENTS FOR IMMEDIATE ACCEPTANCE OF THE HOUSEHOLD GOODS FROM THE CARRIER AT DESTINATION ARE THE RESPONSIBILITY OF THE MEMBER. THE MEMBER IS RESPONSIBLE FOR ANY DEMURRAGE, UNAUTHORIZED STORAGE, OR OTHER CHARGES INCURRED BECAUSE CORRECT DELIVERY ADDRESS WAS NOT FURNISHED OR BECAUSE SHIPMENT WAS NOT ACCEPTED PROMPTLY FROM THE CARRIER BY SUCH MEMBER OR HIS AUTHORIZED AGENT. SHIPMENTS WILL BE FORWARDED TO THE MEMBER OR HIS AUTHORIZED AGENT AS DESIGNATED IN HIS APPLICATION FOR TRANSPORTATION AND HOUSEHOLD GOODS (STANDARD FORM 116).'

"8006-1. TEMPORARY STORAGE

"A. WHEN AUTHORIZED. WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, BECAUSE OF CONDITIONS BEYOND CONTROL OF THE MEMBER (INCLUDING BUT NOT LIMITED TO DIRECTED SURRENDER OF QUARTERS, ARRIVAL OF SHIPMENT AT DESTINATION BEFORE ARRIVAL OF MEMBER, OR NONAVAILABILITY OF HOUSING AT DESTINATION) TEMPORARY STORAGE OF HOUSEHOLD GOODS WITHIN PRESCRIBED WEIGHT ALLOWANCES IS AUTHORIZED AT GOVERNMENT EXPENSE. * * *"

"C. NOTATION ON PAYMENT VOUCHER. VOUCHERS COVERING PAYMENT OF COMMERCIAL STORAGE AT GOVERNMENT EXPENSE WILL BE SUPPORTED BY A CERTIFICATE OF PROPERLY DESIGNATED AUTHORITY THAT THE STORAGE IS NECESSARY.'

UNDER THESE REGULATIONS A MEMBER IS RESPONSIBLE FOR THE COST OF ANY STORAGE AT DESTINATION UNLESS IT APPEARS THAT SUCH STORAGE WAS NECESSARY BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE OWNER. THIS MUST BE SUPPORTED BY A CERTIFICATE OF NECESSITY WHICH, BY ITSELF, MAY NOT BE ACCEPTED AS A BASIS FOR ALLOWING THE COSTS OF STORAGE UNLESS THE RECORD SHOWS THE STORAGE WAS IN FACT DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE OWNER.

YOUR APPLICATION FOR SHIPMENT OF YOUR EFFECTS SHOWS THAT THEY WERE TO BE PICKED UP IN FEBRUARY, 1955, AND THAT YOU REQUESTED THAT THEY BE MOVED TO STORAGE UPON THEIR ARRIVAL AT CHARLESTON, SOUTH CAROLINA. YOUR DEPENDENTS DID NOT ARRIVE THERE UNTIL MAY 1955. IN THESE CIRCUMSTANCES WE MUST CONCLUDE THE TEMPORARY STORAGE OF YOUR EFFECTS WAS INCIDENT TO THE DELAY IN ARRIVAL OF YOUR DEPENDENTS AND THE FACT THAT YOU DID NOT NEED SUCH QUARTERS UNTIL THEIR ARRIVAL IN MAY 1955. THEREFORE, INSOFAR AS THE RECORD SHOWS, THE STORAGE WAS FOR YOUR PERSONAL CONVENIENCE AND WAS NOT NECESSARY BECAUSE OF CONDITIONS BEYOND YOUR CONTROL.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THERE IS NO LEGAL BASIS TO ALLOW YOUR CLAIM.