B-142462, MAY 6, 1960

B-142462, MAY 6, 1960

TO THE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO LETTER OF MARCH 23, 1960, FROM THE ASSISTANT SECRETARY OF THE ARMY (MANPOWER, PERSONNEL AND RESERVE FORCES), REQUESTING DECISION AS TO WHETHER NONTEMPORARY STORAGE OF BAGGAGE AND HOUSEHOLD EFFECTS IN GOVERNMENT FACILITIES OR IN COMMERCIAL FACILITIES MAY BE AUTHORIZED AS AN ALTERNATIVE TO TRANSPORTATION IN CASES WHERE IT IS DETERMINED BY THE SECRETARY OF THE SERVICE CONCERNED, OR HIS DESIGNATED REPRESENTATIVE, THAT SUCH ALTERNATIVE WOULD BE IN THE BEST INTEREST OF THE GOVERNMENT. THE REQUEST HAS BEEN ASSIGNED CONTROL NO. 60-10 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE ASSISTANT SECRETARY CALLS ATTENTION TO THE FACT THAT SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253, AUTHORIZES, AMONG OTHER THINGS, THE ISSUANCE OF REGULATIONS AUTHORIZING TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS. IT ALSO AUTHORIZES, WITHIN CERTAIN LIMITATIONS, NONTEMPORARY STORAGE OF BAGGAGE AND HOUSEHOLD EFFECTS IN GOVERNMENT FACILITIES OR IN COMMERCIAL FACILITIES WHENEVER SUCH STORAGE IS CONSIDERED TO BE MORE ECONOMICAL TO THE GOVERNMENT. IT IS STATED THAT INSTANCES HAVE ARISEN WHERE MEMBERS, THOUGH ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS, DO NOT DESIRE SUCH TRANSPORTATION. CURRENT REGULATIONS DO NOT PERMIT NONTEMPORARY STORAGE AS AN ALTERNATIVE IN SUCH CASES AND TEMPORARY STORAGE, BEING AN ADJUNCT OF TRANSPORTATION, MAY NOT BE AUTHORIZED IN SUCH CASES. THE MEMBER IS THUS FACED WITH TWO ALTERNATIVES: STORAGE AT PERSONAL EXPENSE OR SHIPMENT. IN MANY CASES, STORAGE AT GOVERNMENT EXPENSE WOULD BE ONLY A FRACTION OF THE COST OF SHIPMENT AND THE MEMBER, NOT BEING GIVEN AN OPTION, CAUSES HIS HOUSEHOLD GOODS TO BE SHIPPED AT MUCH GREATER COST TO THE GOVERNMENT. AS A CASE IN POINT, IT IS STATED THAT AN OFFICER WHOSE EFFECTS WERE STORED IN A GOVERNMENT FACILITY ON THE WEST COAST WHILE HE WAS STATIONED IN JAPAN, AND WHO WAS ASSIGNED TO DUTY IN WASHINGTON, D.C., REQUESTED THAT SUCH STORAGE OF HIS EFFECTS BE CONTINUED BECAUSE HE WAS SCHEDULED TO BE RETIRED IN THE NEAR FUTURE AND HIS HOME OF SELECTION WOULD BE IN THE VICINITY OF WHERE HIS EFFECTS WERE STORED. A COST ESTIMATE REVEALED THAT IT WOULD COST APPROXIMATELY $3,500 TO SHIP THE OFFICER'S EFFECTS TO THE WASHINGTON AREA AND BACK TO THE WEST COAST. THE ESTIMATED COST OF RETAINING THE EFFECTS IN GOVERNMENT STORAGE UNTIL THE OFFICER RETIRED WAS $361. IT IS FOR THIS REASON THAT YOU REQUEST OUR DECISION WHETHER NONTEMPORARY STORAGE MAY BE AUTHORIZED AS AN ALTERNATIVE TO TRANSPORTATION IN CASES WHERE IT WOULD BE TO THE BEST INTEREST OF THE GOVERNMENT.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT, 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 OF 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.

SINCE SECTION 303 (C) PROVIDES FOR NONTEMPORARY STORAGE OF BAGGAGE AND OF HOUSEHOLD EFFECTS INDEPENDENTLY OF TRANSPORTATION OF HOUSEHOLD EFFECTS, IT APPEARS THE PROVISIONS OF THAT SECTION ARE SUFFICIENTLY BROAD TO PERMIT THE SECRETARIES TO AMEND THE JOINT TRAVEL REGULATIONS TO PROVIDE FOR NONTEMPORARY STORAGE AS AN ALTERNATIVE TO TRANSPORTATION IN CASES WHERE IT IS DETERMINED BY THE SECRETARY OF THE SERVICE CONCERNED, OR HIS DESIGNATED REPRESENTATIVE, THAT SUCH ALTERNATIVE WOULD BE IN THE BEST INTEREST OF THE GOVERNMENT. YOUR QUESTION IS ANSWERED ACCORDINGLY.