B-145636, JUN. 14, 1961

B-145636: Jun 14, 1961

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STATEN: REFERENCE IS MADE TO YOUR COMMUNICATION DATED APRIL 3. YOU WERE RELIEVED FROM ASSIGNMENT AT THE PRESIDIO OF SAN FRANCISCO. THOSE ORDERS DIRECTED A PERMANENT CHANGE OF STATION AND SHOW THAT YOUR REASSIGNMENT WAS FOR COMPASSIONATE REASONS. YOU WERE REASSIGNED TO FORT ORD. YOU WERE ASSIGNED TO FORT BLISS. YOU WERE REASSIGNED TO FORT MACARTHUR. YOUR HOUSEHOLD EFFECTS WERE REMOVED FROM STORAGE AND SHIPPED BY GOVERNMENT BILL OF LADING TO YOUR RESIDENCE AT LOS ANGELES. YOUR CLAIM FOR THE STORAGE CHARGES WAS DISALLOWED FOR THE REASON THAT YOUR EFFECTS WERE NOT PLACED IN COMMERCIAL STORAGE FACILITIES BY DETERMINATION OF THE TRANSPORTATION OFFICER AS REQUIRED UNDER APPLICABLE REGULATIONS BUT BY YOUR OWN ARRANGEMENT AND DIRECTION.

B-145636, JUN. 14, 1961

TO MR. MOODY R. STATEN:

REFERENCE IS MADE TO YOUR COMMUNICATION DATED APRIL 3, 1961, REQUESTING RECONSIDERATION OF SETTLEMENT DATED DECEMBER 20, 1960, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF STORING YOU HOUSEHOLD EFFECTS FROM MAY 23, 1957, TO DECEMBER 30, 1959, INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY.

BY ORDERS DATED MAY 23, 1957, YOU WERE RELIEVED FROM ASSIGNMENT AT THE PRESIDIO OF SAN FRANCISCO, CALIFORNIA, AND REASSIGNED TO FORT MACARTHUR, CALIFORNIA, TO REPORT NOT LATER THAN JUNE 3, 1957. THOSE ORDERS DIRECTED A PERMANENT CHANGE OF STATION AND SHOW THAT YOUR REASSIGNMENT WAS FOR COMPASSIONATE REASONS. BY ORDERS DATED JUNE 13, 1958, YOU WERE REASSIGNED TO FORT ORD, CALIFORNIA, AND BY ORDERS OF JULY 8, 1958, YOU WERE ASSIGNED TO FORT BLISS, TEXAS, TO ATTEND A COURSE OF INSTRUCTION IN EXCESS OF 20 WEEKS. BY ORDERS OF OCTOBER 21, 1959, YOU WERE REASSIGNED TO FORT MACARTHUR, CALIFORNIA, TO REPORT THERE NOT LATER THAN NOVEMBER 8, 1959, FOR ULTIMATE ASSIGNMENT AS MIGHT BE DIRECTED. A STATEMENT FROM THE RICHMOND TRANSFER AND STORAGE COMPANY, RICHMOND, CALIFORNIA, SHOWS THAT YOU PLACED PART OF YOUR HOUSEHOLD EFFECTS IN STORAGE AUGUST 20, 1956, AND ANOTHER PART IN STORAGE MAY 6, 1957. ON DECEMBER 30, 1959, YOUR HOUSEHOLD EFFECTS WERE REMOVED FROM STORAGE AND SHIPPED BY GOVERNMENT BILL OF LADING TO YOUR RESIDENCE AT LOS ANGELES, CALIFORNIA. YOU MADE FOUR CASH PAYMENTS TO THE COMPANY TOTALING $416.00 TOWARD LIQUIDATION OF YOUR ENTIRE STORAGE BILL IN THE AMOUNT OF $859.96, THE BALANCE ($443.96) BEING WRITTEN OFF THE BOOKS BY THE COMPANY.

YOUR CLAIM FOR THE STORAGE CHARGES WAS DISALLOWED FOR THE REASON THAT YOUR EFFECTS WERE NOT PLACED IN COMMERCIAL STORAGE FACILITIES BY DETERMINATION OF THE TRANSPORTATION OFFICER AS REQUIRED UNDER APPLICABLE REGULATIONS BUT BY YOUR OWN ARRANGEMENT AND DIRECTION. IN REQUESTING RECONSIDERATION YOU ENCLOSE A LETTER DATED MARCH 23, 1961, FROM THE TRANSPORTATION OFFICER AT HEADQUARTERS, PRESIDIO OF SAN FRANCISCO, CALIFORNIA, WHICH STATES IN PART:

"ON 23 MAY 1957, IF YOU HAD ORDERS ISSUED TO YOU AND AN ENTITLEMENT DID EXIST WE WOULD HAVE PLACED YOUR PROPERTY IN PERMANENT STORAGE AT GOVERNMENT EXPENSE AT THE RATE OF ?25 CWT A MONTH. STORAGE CHARGES ON 5080 POUNDS AT ?25 CWT A MONTH IS $12.70. IN JUNE AND JULY 1958 AND OCTOBER 1959 THE SAME RATES APPLIED.

"TO SERVICE THE BEST INTEREST OF THE GOVERNMENT AND THE MEMBER, GOVERNMENT STORAGE FACILITIES WOULD NOT HAVE BEEN UTILIZED DURING THE ABOVE PERIODS AND PROPERTY WOULD HAVE BEEN PLACED IN COMMERCIAL STORAGE.'

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES THAT UNDER SUCH REGULATIONS AS THE SECRETARIES CONCERNED MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES UPON CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF HOUSEHOLD EFFECTS OR REIMBURSEMENT THEREFOR. THAT SECTION FURTHER PROVIDES THAT NONTEMPORARY STORAGE OR 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. AT THE TIME YOUR EFFECTS WERE PLACED IN STORAGE (MAY 6, 1957) AS WELL AS WHEN THE ORDERS OF MAY 23, 1957, WERE ISSUED, NONTEMPORARY STORAGE AT GOVERNMENT EXPENSE WAS AUTHORIZED FOR PERMANENT CHANGE OF STATION ORDERS ONLY UNDER CERTAIN SITUATIONS ENUMERATED IN CHANGE NO. 54 DATED JANUARY 1, 1957, TO PARAGRAPH 8006-2 OF THE JOINT TRAVEL REGULATIONS. A MERE PERMANENT CHANGE OF STATION FROM ONE LOCATION IN THE UNITED STATES TO ANOTHER, AS IN YOUR CASE, WAS NOT ONE OF THE SITUATIONS AUTHORIZING NONTEMPORARY COMMERCIAL STORAGE OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE. HENCE, THERE WAS NO ENTITLEMENT TO NONTEMPORARY STORAGE AT GOVERNMENT EXPENSES INCIDENT TO YOUR ORDERS OF MAY 23, 1957.

UNDER THE ORDERS OF JULY 8, 1958, YOU WERE TRANSFERRED FROM FORT ORD, CALIFORNIA, TO FORT BLISS, TEXAS, TO PURSUE A COURSE OF INSTRUCTION IN EXCESS OF 20 WEEKS. UNDER ORDERS OF THIS TYPE NONTEMPORARY STORAGE IS AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH8006-2 OF THE ABOVE REGULATIONS, AND IT HAS BEEN REPORTED THAT GOVERNMENT STORAGE FACILITIES WOULD NOT HAVE BEEN UTILIZED IN YOUR CASE AT THAT TIME AND THE PROPERTY WOULD HAVE BEEN PLACED IN COMMERCIAL STORAGE. ACCORDINGLY, SINCE PRIOR TO THE ORDERS OF JULY 8, 1958, YOU HAD CONTACTED THE MILITARY AUTHORITIES ABOUT THE EFFECTS THEN IN STORAGE, WE BELIEVE IT PROPERLY MAY BE CONCLUDED THAT YOU ARE ENTITLED TO REIMBURSEMENT OF STORAGE CHARGES FROM THE DATE OF THOSE ORDERS TO THE DATE OF YOUR DEPARTURE FROM THE LAST COURSE OF INSTRUCTION AT FORT BLISS. HOWEVER, SINCE YOU ARRANGED FOR THE STORAGE OF YOUR EFFECTS AT PERSONAL EXPENSE, REIMBURSEMENT MAY NOT BE AUTHORIZED IN AN AMOUNT IN EXCESS OF THE COST OF SUCH STORAGE TO THE GOVERNMENT HAD ARRANGEMENTS BEEN MADE BY THE HOUSEHOLD GOODS TRANSPORTATION OFFICER (PARAGRAPH 8500, JOINT TRAVEL REGULATIONS). IN THAT CONNECTION, IT HAS BEEN ADMINISTRATIVELY REPORTED THAT THE STORAGE CHARGES ON 5080 POUNDS AT ?25 CWT A MONTH IS $12.70, AND THAT THE PERIOD INVOLVED IS FOR 17 MONTHS.

A SETTLEMENT FOR THE AMOUNT FOUND DUE ON THE BASIS SHOWN ABOVE WILL ISSUE IN DUE COURSE.