B-141427, DEC. 31, 1959

B-141427: Dec 31, 1959

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TO THE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO LETTER OF NOVEMBER 12. IT IS STATED THAT CERTAIN INSTANCES ARISE WHERE THE COMMANDER OF A POST OR INSTALLATION MUST EVICT MEMBERS FROM QUARTERS UNDER HIS JURISDICTION BUT BECAUSE OF THE ABSENCE OF REGULATORY AUTHORITY THE HOUSEHOLD EFFECTS MUST BE MOVED. IT IS INDICATED THAT THE MOVES REFERRED TO ARE NOT IN CONNECTION WITH A PERMANENT CHANGE OF STATION. IT IS STATED THAT AT ONE BASE. CIVILIAN LARHAM ACT (42 U.S.C. 1501-1594) HOUSING UNITS WERE CONDEMNED AS UNSAFE FOR OCCUPANCY DUE TO THEIR BEING TOO NEAR THE END OF A JET RUNWAY. MOST OF THE MILITARY FAMILIES WERE MOVED TO SUITABLE GOVERNMENT QUARTERS ON THE BASE AT GOVERNMENT EXPENSE PURSUANT TO PARAGRAPH 8304 OF THE JOINT TRAVEL REGULATIONS.

B-141427, DEC. 31, 1959

TO THE SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO LETTER OF NOVEMBER 12, 1959, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE REQUESTING DECISION AS TO WHETHER SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), CONTAINS AUTHORITY FOR THE PROMULGATION OF A PROVISION IN THE JOINT TRAVEL REGULATIONS TO AUTHORIZE DRAYAGE AND STORAGE OF HOUSEHOLD EFFECTS UNDER THE CIRCUMSTANCES SET FORTHIN THAT LETTER. THE REQUEST HAS BEEN ASSIGNED CONTROL NO. 59-47 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

IT IS STATED THAT CERTAIN INSTANCES ARISE WHERE THE COMMANDER OF A POST OR INSTALLATION MUST EVICT MEMBERS FROM QUARTERS UNDER HIS JURISDICTION BUT BECAUSE OF THE ABSENCE OF REGULATORY AUTHORITY THE HOUSEHOLD EFFECTS MUST BE MOVED, OR PLACED IN STORAGE, AT PERSONAL EXPENSE TO THE MEMBER. IT IS INDICATED THAT THE MOVES REFERRED TO ARE NOT IN CONNECTION WITH A PERMANENT CHANGE OF STATION, PURSUANT TO ORDERS ASSIGNING, REASSIGNING, OR TERMINATING ASSIGNMENT OF GOVERNMENT QUARTERS. AS AN EXAMPLE, IT IS STATED THAT AT ONE BASE, CIVILIAN LARHAM ACT (42 U.S.C. 1501-1594) HOUSING UNITS WERE CONDEMNED AS UNSAFE FOR OCCUPANCY DUE TO THEIR BEING TOO NEAR THE END OF A JET RUNWAY. MOST OF THE MILITARY FAMILIES WERE MOVED TO SUITABLE GOVERNMENT QUARTERS ON THE BASE AT GOVERNMENT EXPENSE PURSUANT TO PARAGRAPH 8304 OF THE JOINT TRAVEL REGULATIONS. SOME, HOWEVER, WERE FORCED TO MOVE TO OFF-BASE CIVILIAN HOUSING AT THEIR OWN EXPENSE. SIMILAR SITUATION EXISTS WHEN MILITARY FAMILIES OCCUPYING INADEQUATE PUBLIC QUARTERS ARE DIRECTED BY THE COMMANDER TO MOVE BECAUSE OF NECESSARY ALTERATIONS, CONVERSIONS, OR DEMOLITION OF THE HOUSING. IT IS STATED THAT THE FREQUENCY OF OCCURRENCE OF SUCH SITUATIONS SHOULD BE NO GREATER THAN MOVES FROM, TO OR BETWEEN, GOVERNMENT QUARTERS SUCH AS ARE AUTHORIZED AT GOVERNMENT EXPENSE BY PARAGRAPH 8304 OF THE JOINT TRAVEL REGULATIONS.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES, AMONG OTHER THINGS, FOR TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE AND UNPACKING) OF HOUSEHOLD EFFECTS OF MEMBERS IN CONNECTION WITH A CHANGE OF STATION, TO AND FROM SUCH LOCATIONS AS MAY BE DETERMINED BY THE SECRETARIES. FURTHER PROVIDES FOR THE MOVEMENT OF BAGGAGE AND HOUSEHOLD EFFECTS UNDER "UNUSUAL OR EMERGENCY CIRCUMSTANCES" WHEN PERMANENT CHANGE OF STATION ORDERS HAVE NOT BEEN ISSUED, OR IF ISSUED, WHERE THEY ARE OF SUCH NATURE THAT THEY CANNOT BE USED AS AUTHORITY FOR TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE. NONTEMPORARY STORAGE OF BAGGAGE AND HOUSEHOLD EFFECTS MAY BE AUTHORIZED IN GOVERNMENT FACILITIES, OR IN COMMERCIAL FACILITIES WHENEVER SUCH STORAGE IS CONSIDERED TO BE MORE ECONOMICAL TO THE GOVERNMENT.

IN VIEW OF THE BROAD PROVISIONS OF THE STATUTE RELATING TO THE MOVEMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE AND TO NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS, IT HAS BEEN HELD THAT DRAYAGE AND STORAGE OF HOUSEHOLD EFFECTS MAY BE AUTHORIZED AT GOVERNMENT EXPENSE UNDER CONDITIONS WHICH PROPERLY MAY BE REGARDED AS "UNUSUAL.' B 127865, DATED JULY 20, 1956, AND B-129019, DATED SEPTEMBER 25, 1956,

THE PROVISIONS AUTHORIZING MOVEMENT OF HOUSEHOLD EFFECTS UNDER UNUSUAL OR EMERGENCY CIRCUMSTANCES HAS BEEN IMPLEMENTED BY PARAGRAPH 8304 OF THE JOINT TRAVEL REGULATIONS WHICH AUTHORIZES DRAYAGE AND STORAGE OF HOUSEHOLD EFFECTS WHETHER INSIDE OR OUTSIDE THE UNITED STATES AND REGARDLESS OF THE RANK OR GRADE OF THE MEMBER, WHEN ORDERS HAVE BEEN ISSUED ASSIGNING, REASSIGNING OR TERMINATING GOVERNMENT QUARTERS. THE FURTHER PROVISIONS NOW PROPOSED WOULD AUTHORIZE DRAYAGE AND STORAGE OF HOUSEHOLD EFFECTS OF MEMBERS, REGARDLESS OF RANK OR GRADE, INCIDENT TO OCCUPANCY OR TERMINATION OF OCCUPANCY OF QUARTERS UNDER THE JURISDICTION OF THE UNIFORMED SERVICES, WHETHER INSIDE OR OUTSIDE THE UNITED STATES, PROVIDED THAT SUCH MOVES ARE DIRECTED BY THE COMMANDER IN THE INTEREST OF THE GOVERNMENT.

SINCE IT APPEARS THAT THE CIRCUMSTANCES UNDER WHICH COMMANDERS WOULD BE REQUIRED TO DIRECT MOVES IN THE INTEREST OF THE GOVERNMENT WOULD OCCUR SO INFREQUENTLY AS TO WARRANT THEIR INCLUSION IN THE "UNUSUAL" CATEGORY, THE SUBMITTED QUESTION IS ANSWERED IN THE AFFIRMATIVE.