B-144666, FEB. 28, 1961

B-144666: Feb 28, 1961

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238 63 07 REFERENCE IS MADE TO YOUR LETTER FORWARDED BY YOUR WIFE WITH HER LETTER OF DECEMBER 2. WHILE YOU WERE ON DUTY AT LONG BEACH. IN WHICH IT WAS REQUESTED THAT YOUR EFFECTS BE SHIPPED FROM STORAGE IN LONG BEACH. IT WAS REQUESTED THAT THE CARRIER NOTIFY THE OWNER AT 201 SOUTH PARK. IT WAS SPECIFIED THAT THE SHIPMENT BE MARKED TO SHOW" "STG IN TRANSIT IS AUTH AND WILL BE AT DESTINATION" (IF APPROVED IN WRITING BEFORE EXP OF 1ST 90 DAYS. THE EFFECTS WERE PLACED IN STORAGE IN TRANSIT AT KENOSHA. WAS WITHOUT COST TO YOU. WAS DISALLOWED BY OUR OFFICE SETTLEMENT DATED APRIL 9. NOR WERE YOU NOTIFIED UPON THEIR ARRIVAL. THE SUM OF $77.94 YOU PAID FOR STORAGE AT KENOSHA WAS NOT YOUR RESPONSIBILITY.

B-144666, FEB. 28, 1961

TO JOHN C. MATTOON, SMC, USN, 238 63 07

REFERENCE IS MADE TO YOUR LETTER FORWARDED BY YOUR WIFE WITH HER LETTER OF DECEMBER 2, 1960, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF APRIL 9, 1959, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF STORAGE EXPENSE FOR YOUR HOUSEHOLD EFFECTS FROM JANUARY 4, 1957, TO FEBRUARY 17, 1958. ALSO, THERE HAS BEEN RECEIVED BY REFERENCE FROM THE U.S. NAVY REGIONAL ACCOUNTS OFFICE, WASHINGTON, D.C., A VOUCHER AND SUPPORTING PAPERS IN WHICH YOU CLAIM REIMBURSEMENT IN THE AMOUNT OF $77.94, FOR STORAGE CHARGES FOR THE PERIOD JUNE 11, 1957, TO FEBRUARY 17, 1958.

THE RECORD INDICATES THAT ON JANUARY 4, 1957, WHILE YOU WERE ON DUTY AT LONG BEACH, CALIFORNIA, YOU PLACED YOUR HOUSEHOLD EFFECTS IN STORAGE AT LONG BEACH. THE EFFECTS REMAINED IN STORAGE APPROXIMATELY ONE MONTH AND THE COST OF DRAYAGE AND STORAGE AMOUNTED TO $56.04. INCIDENT TO STANDARD TRANSFER ORDERS DATED FEBRUARY 9, 1957, DIRECTING A PERMANENT CHANGE OF STATION TO THE U.S.S. FRONTIER (AD-25) AT YOKOSUKA, JAPAN, YOU EXECUTED AN APPLICATION FOR TRANSPORTATION OF HOUSEHOLD GOODS ON FEBRUARY 11, 1957, IN WHICH IT WAS REQUESTED THAT YOUR EFFECTS BE SHIPPED FROM STORAGE IN LONG BEACH, CALIFORNIA, TO WAUKEGAN, ILLINOIS, WITH 90 DAYS' STORAGE IN TRANSIT. ALSO, IT WAS REQUESTED THAT THE CARRIER NOTIFY THE OWNER AT 201 SOUTH PARK, WAUKEGAN, ILLINOIS, RELATIVE TO RECEIPT OF THE PROPERTY AT DESTINATION.

THE GOVERNMENT BILL OF LADING DATED FEBRUARY 26, 1957, COVERING THE SHIPMENT PROVIDED THAT PRIOR TO PLACING THE GOODS IN STORAGE, THE CARRIER SHOULD NOTIFY THE NAVAL SUPPLY DEPOT, GREAT LAKES, ILLINOIS, AND THE OWNER AT 201 SOUTH PART, WAUKEGAN, ILLINOIS. ALSO, IT WAS SPECIFIED THAT THE SHIPMENT BE MARKED TO SHOW" "STG IN TRANSIT IS AUTH AND WILL BE AT DESTINATION" (IF APPROVED IN WRITING BEFORE EXP OF 1ST 90 DAYS, IN ADDITIONAL 90 DAYS MAY BE AUTH).' THE EFFECTS WERE PLACED IN STORAGE IN TRANSIT AT KENOSHA, WISCONSIN, MARCH 11, 1957, AND THE STORAGE THROUGH JUNE 10, 1957, WAS WITHOUT COST TO YOU. YOU PAID STORAGE CHARGES FROM JUNE 11, 1957, THROUGH FEBRUARY 17, 1958, IN THE AMOUNT OF $77.94. SUBSEQUENTLY, A VOUCHER SUBMITTED BY YOU, IN WHICH YOU CLAIMED REIMBURSEMENT IN THE AMOUNT OF $133.98 ($56.04 PLUS $77.94) FOR STORAGE AND OTHER INCIDENTAL COSTS FOR THE PERIOD JANUARY 4, 1957, TO FEBRUARY 17, 1958, WAS DISALLOWED BY OUR OFFICE SETTLEMENT DATED APRIL 9, 1959.

IN THE LETTER FORWARDED BY YOUR WIFE, YOU STATE THAT YOU HAD NO KNOWLEDGE OF THE REQUEST DATED FEBRUARY 11, 1957, FOR SHIPMENT OF YOUR EFFECTS. AFTER MOVING YOUR FAMILY TO ILLINOIS UPON RECEIVING ORDERS TO THE U.S.S. FRONTIER, YOU SAY YOU RETURNED TO LONG BEACH, CALIFORNIA, PRESENTED YOUR NEW ORDERS TO THE NAVY PERSONNEL, AND HAD THEM TAKE OVER THE STORAGE OF YOUR HOUSEHOLD GOODS. YOU ALLEGE THAT YOU HAD NO NOTICE OF THE EFFECTS BEING SHIPPED ANYWHERE, NOR WERE YOU NOTIFIED UPON THEIR ARRIVAL. YOU STATED FURTHER THAT YOU MAY NOT BE ENTITLED TO REIMBURSEMENT OF THE $56.04 EXPENSE (FOR STORAGE AT LONG BEACH), BUT THE SUM OF $77.94 YOU PAID FOR STORAGE AT KENOSHA WAS NOT YOUR RESPONSIBILITY. PREVIOUS LETTERS BY YOU INDICATE THAT YOU CONSIDERED YOUR EFFECTS TO BE IN A PERMANENT STORAGE, SINCE YOU KNEW YOU WOULD BE IN JAPAN OVER A YEAR. HOWEVER, WITH THE VOUCHER PRESENTING YOUR CLAIM FOR REIMBURSEMENT IN THE AMOUNT OF $77.94 YOU SUBMITTED A STORAGE NECESSITY CERTIFICATE, DATED JUNE 15, 1959, REQUESTING ADDITIONAL TEMPORARY STORAGE OF YOUR HOUSEHOLD GOODS AT GOVERNMENT EXPENSE, UNDER THE PROVISIONS OF PARAGRAPH 8006.1 LATER RENUMBERED 8100.2B), JOINT TRAVEL REGULATIONS. ON NOVEMBER 10, 1960, THE SHIPPING OFFICER CERTIFIED THAT THE REQUEST WAS APPROVED INCIDENT TO SHIPMENT.

THE TRANSPORTATION OF HOUSEHOLD EFFECTS, INCLUDING PACKING, HAULING, TEMPORARY STORAGE AND UNPACKING, IS AUTHORIZED AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION, UNDER CONDITIONS SET OUT IN CHAPTER 8 OF THE JOINT TRAVEL REGULATIONS. PARAGRAPH 8051 OF THOSE REGULATIONS, WHICH WAS IN EFFECT AT THE TIME YOU WERE TRANSFERRED TO THE U.S.S. FRONTIER (LATER RENUMBERED AS PARAGRAPH 8401), PROVIDED FOR A MEMBER TO SUBMIT AN APPLICATION FOR THE TRANSPORTATION (INCLUDING STORAGE) OF HIS HOUSEHOLD GOODS, SUPPORTED BY CERTIFIED COPIES OF ORDERS OR OTHER AUTHORITY FOR SHIPMENT, AMONG OTHER DOCUMENTS, THE APPLICATION TO INDICATE THAT ADVANCE ARRANGEMENTS HAD BEEN MADE FOR IMMEDIATE ACCEPTANCE OF THE EFFECTS FROM THE CARRIER UPON ARRIVAL AT DESTINATION. THE REGULATIONS PROVIDED THAT THE MEMBER IS RESPONSIBLE FOR ANY 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 DESIGNATED UPON THE REQUEST. PARAGRAPH 8006.1 (LATER RENUMBERED AS 8100.2), JOINT TRAVEL REGULATIONS, PROVIDED FOR TEMPORARY STORAGE AT ORIGIN, IN TRANSIT OR AT DESTINATION, FOR A PERIOD OF 90 DAYS IN CONNECTION WITH ANY AUTHORIZED SHIPMENT OF HOUSEHOLD EFFECTS, WITH AN ADDITIONAL PERIOD OF 90 DAYS AUTHORIZED, WHEN, BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE MEMBER, SUCH EFFECTS COULD NOT BE WITHDRAWN DURING THE FIRST 90 DAYS. PARAGRAPH 8006.2 (LATER 8101) AUTHORIZED NONTEMPORARY STORAGE, IN EITHER GOVERNMENT OR COMMERCIAL FACILITIES AS DETERMINED BY APPROPRIATE TRANSPORTATION OFFICERS, BUT THE WEIGHT OF THE EFFECTS STORED WAS REQUIRED TO BE CHARGE TO THE TOTAL WEIGHT ALLOWANCE IN ADDITION TO THE WEIGHT THAT COULD BE SHIPPED ON THE SAME CHANGE OF STATION ORDERS.

WITH RESPECT TO THAT PORTION OF YOUR CLAIM PERTAINING TO THE ITEM OF $56.04, FOR THE HAULING AND STORAGE OF YOUR EFFECTS IN LONG BEACH, CALIFORNIA, JANUARY 4 TO FEBRUARY 4, 1957, THE RECORD SHOWS THAT THIS WAS EFFECTED PRIOR TO THE PERMANENT CHANGE OF STATION ORDERS OF FEBRUARY 9, 1957, AND ACCORDINGLY, THOSE CHARGES ARE NOT PROPERLY REIMBURSABLE UNDER THE APPLICABLE PROVISIONS OF THE JOINT TRAVEL REGULATIONS.

AS TO THE STORAGE AND OTHER CHARGES FOR THE PERIOD JUNE 11, 1957, TO FEBRUARY 17, 1958, IN THE AMOUNT OF $77.94, THE RECORD CONTAINS A CARBON COPY OF THE APPLICATION DATED FEBRUARY 11, 1957, WHICH BEARS WHAT APPEARS TO BE YOUR HANDWRITTEN SIGNATURE. THE REQUEST PROVIDES FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS TO WAUKEGAN WITH 90 DAYS' STORAGE IN TRANSIT. ACCORDINGLY, THERE IS NO BASIS FOR CONSIDERING THAT YOUR EFFECTS WERE PLACED IN NONTEMPORARY (PERMANENT) STORAGE AT GOVERNMENT EXPENSE. HOWEVER, SINCE YOU WERE UNDER THE IMPRESSION THAT YOUR EFFECTS WERE IN NONTEMPORARY (PERMANENT) STORAGE, AND AS THERE APPARENTLY WAS A DELAY OF MORE THAN 6 MONTHS IN GIVING NOTIFICATION THAT THE GOODS WERE IN TEMPORARY STORAGE, IT IS CONCLUDED THAT THE STORAGE NECESSITY CERTIFICATE SUBMITTED WITH YOUR CLAIM FOR REIMBURSEMENT OF $77.94 STORAGE EXPENSE, WHICH HAS BEEN ADMINISTRATIVELY APPROVED, MAY BE ACCEPTED AS A BASIS FOR AN ADDITIONAL 90 DAYS' TEMPORARY STORAGE AT GOVERNMENT EXPENSE. ENTITLEMENT EXISTS ON THE PRESENT RECORD FOR REIMBURSEMENT OF ANY ADDITIONAL STORAGE EXPENSE, SINCE PARAGRAPH 8006.1 SETS A MAXIMUM TIME LIMITATION OF 180 DAYS' TEMPORARY STORAGE AT GOVERNMENT EXPENSE AND YOU HAVE ALREADY RECEIVED 90 DAYS OF STORAGE WITHOUT CHARGE. OUR CLAIMS DIVISION IS BEING INSTRUCTED TO ISSUE A SETTLEMENT TO YOU AS REIMBURSEMENT FOR 90 DAYS' TEMPORARY STORAGE EXPENSE.