B-141976, MAR. 8, 1960

B-141976, MAR. 8, 1960

TO THE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO LETTER OF JANUARY 13, 1960, FROM THE ASSISTANT SECRETARY OF THE ARMY (MANPOWER, PERSONNEL AND RESERVE FORCES) REQUESTING DECISION AS TO WHETHER THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO PROVIDE FOR NONTEMPORARY STORAGE OF PERSONAL AND HOUSEHOLD EFFECTS, NOT IN EXCESS OF ONE YEAR, IN CASES WHERE SUCH EFFECTS ARE AUTHORIZED TO BE SHIPPED UPON A MEMBER BEING OFFICIALLY REPORTED AS DEAD, INJURED, MISSING IN ACTION FOR A PERIOD OF 30 DAYS OR MORE, INTERNED IN A FOREIGN COUNTRY, OR CAPTURED BY A HOSTILE FORCE, OR UPON DECEASE. THE REQUEST HAS BEEN ASSIGNED CONTROL NO. 60-1 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE ASSISTANT SECRETARY CALLS ATTENTION TO THE FACT THAT UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), THE DEPENDENTS OF MEMBERS WHO DIE IN ACTIVE SERVICE ARE ENTITLED, GENERALLY, TO TRANSPORTATION OF HOUSEHOLD EFFECTS IF SHIPPED WITHIN ONE YEAR, AND THAT TEMPORARY STORAGE, IF REQUIRED INCIDENT TO SUCH SHIPMENT, MAY BE AUTHORIZED FOR A PERIOD OF 90 DAYS WHICH, UNDER CERTAIN CONDITIONS, MAY BE EXTENDED AN ADDITIONAL 90 DAYS. IT IS STATED THAT SEVERAL OF THE SERVICES HAVE COMMENTED TO THE EFFECT THAT, IN FAIRNESS TO THE DEPENDENTS, ENTITLEMENT TO STORAGE SHOULD ACCRUE FOR THE SAME LENGTH OF TIME AS ENTITLEMENT TO SHIPMENT.

SECTION 12 OF THE MISSING PERSONS ACT, AS AMENDED, 50 U.S.C. APP. 1012, PROVIDES FOR SHIPMENT, INCLUDING TEMPORARY STORAGE OF PERSONAL AND HOUSEHOLD EFFECTS OF ANY PERSON IN ACTIVE SERVICE WHO IS OFFICIALLY REPORTED AS DEAD, INJURED, MISSING FOR A PERIOD OF 30 DAYS OR MORE, INTERNED IN A FOREIGN COUNTRY, OR CAPTURED BY A HOSTILE FORCE. THERE IS NO AUTHORITY IN THAT ACT FOR NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE. SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES THAT, IN CONNECTION WITH A CHANGE OF STATION, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRANSPORTATION, INCLUDING TEMPORARY STORAGE, OF BAGGAGE AND HOUSEHOLD EFFECTS UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES. IT PROVIDES ALSO FOR NONTEMPORARY STORAGE OF BAGGAGE AND HOUSEHOLD EFFECTS IN GOVERNMENT FACILITIES, OR IN COMMERCIAL FACILITIES WHEN MORE ECONOMICAL TO THE GOVERNMENT, WITH THE FURTHER PROVISION THAT "IN NO INSTANCE SHALL THE WEIGHT STORED PLUS THE WEIGHT TRANSPORTED IN CONNECTION WITH A CHANGE OF STATION EXCEED THE MAXIMUM WEIGHT LIMITATION FIXED BY REGULATIONS PROMULGATED BY THE RESPECTIVE SECRETARIES WHERE NOT OTHERWISE FIXED BY LAW.' A FURTHER LIMITATION IS THAT NONTEMPORARY STORAGE OF BAGGAGE AND HOUSEHOLD EFFECTS SHALL NOT BE AUTHORIZED FOR A PERIOD LONGER THAN ONE YEAR FROM THE DATE MEMBERS ARE SEPARATED FROM THE SERVICE, EXCEPT THAT A LONGER PERIOD MAY BE AUTHORIZED BY REGULATIONS PROMULGATED BY THE SECRETARIES WHERE A MEMBER IS CONFINED IN A HOSPITAL OR IN ITS VICINITY UNDERGOING MEDICAL TREATMENT ON DATE OF SEPARATION. IN ADDITION TO THE ABOVE PROVISIONS, THE SAME SECTION PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED, TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS IS AUTHORIZED UPON THE DEATH OF A MEMBER OF THE UNIFORMED SERVICES WHILE ENTITLED TO RECEIVE BASIC PAY PURSUANT TO SECTION 201 (E) OF THE ACT.

APPARENTLY THE NONTEMPORARY STORAGE DESIRED INCIDENT TO A MEMBER'S DEATH WOULD OCCUR UNDER CIRCUMSTANCES SIMILAR TO THOSE CONTEMPLATED BY PARAGRAPH 8260-3 OF THE JOINT TRAVEL REGULATIONS UPON RETIREMENT, PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST, OR DISCHARGE WITH SEVERANCE PAY. THAT PARAGRAPH PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"A MEMBER WHO IS ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS TO A HOME OF SELECTION * * * WILL BE ENTITLED TO NONTEMPORARY STORAGE OF ALL OR ANY PORTION OF HIS HOUSEHOLD GOODS IN ACCORDANCE WITH PAR. 8101 FOR A PERIOD NOT TO EXCEED 1 YEAR FROM THE DATE OF TERMINATION OF ACTIVE DUTY. TEMPORARY STORAGE IN CONNECTION WITH A SHIPMENT FROM NONTEMPORARY STORAGE TO THE MEMBER'S HOME OF SELECTION IS NOT AUTHORIZED. THAT PORTION (IF ANY) OF A MEMBER'S HOUSEHOLD GOODS WHICH IS NOT PLACED IN NONTEMPORARY STORAGE * * * MAY BE PLACED IN TEMPORARY STORAGE IN ACCORDANCE WITH PAR. 8100 IN CONJUNCTION WITH THE SHIPMENT OF SUCH GOODS TO THE HOME OF SELECTION.'

SINCE SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, PROVIDES FOR SHIPMENT OF PERSONAL AND HOUSEHOLD EFFECTS UPON THE DEATH OF A MEMBER IN A BASIC PAY STATUS UNDER THAT ACT, AND FOR NONTEMPORARY STORAGE IN CONNECTION WITH TERMINATION OF SERVICE UNDER CIRCUMSTANCES AUTHORIZING SHIPMENT TO A SELECTED HOME, IT APPEARS THAT THE PROVISIONS OF THAT SECTION ARE SUFFICIENTLY BROAD TO PERMIT THE SECRETARIES TO AMEND THE JOINT TRAVEL REGULATIONS TO PROVIDE FOR NONTEMPORARY STORAGE UPON A MEMBER'S DEATH WHILE IN A BASIC PAY STATUS WITHIN THE MEANING OF THAT ACT. NO AUTHORITY IS FOUND, HOWEVER, FOR REGULATIONS AUTHORIZING NONTEMPORARY STORAGE OF PERSONAL AND HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE UNDER SECTION 12 OF THE MISSING PERSONS ACT, AS AMENDED.