B-147449, DEC. 14, 1961

B-147449: Dec 14, 1961

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USN: REFERENCE IS MADE TO YOUR WIFE'S LETTER OF OCTOBER 10. YOU WERE DIRECTED TO PROCEED FROM THE UNITED STATES NAVAL COMMUNICATION STATION. YOUR DEPENDENTS WERE NOT AUTHORIZED TO ACCOMPANY YOU TO YOUR NEW STATION. IT IS STATED THAT THE NORMAL WAITING PERIOD FOR NAVY HOUSING IN GUAM WAS FROM 8 TO 10 MONTHS AT THAT TIME. IT IS FURTHER STATED THAT YOU ELECTED TO TRANSPORT YOUR HOUSEHOLD EFFECTS TO YOUR HOME TOWN. THAT YOU WERE ENTITLED TO ONLY ONE SHIPMENT OF YOUR HOUSEHOLD GOODS PER SET OF ORDERS. WHEN THEY PROCEEDED TO JOIN YOU AFTER YOU WERE ABLE TO FIND A SUITABLE PRIVATELY OWNED HOUSE FOR THEM IN GUAM. YOUR HOUSEHOLD EFFECTS WERE PLACED IN COMMERCIAL STORAGE AT SHAMOKIN BY YOUR WIFE ON APRIL 24.

B-147449, DEC. 14, 1961

TO MR. JOSEPH F. BURBA, RMC, USN:

REFERENCE IS MADE TO YOUR WIFE'S LETTER OF OCTOBER 10, 1961, WITH ENCLOSURES, REQUESTING ON YOUR BEHALF A RECONSIDERATION OF SETTLEMENT DATED SEPTEMBER 29, 1961, WHICH DISALLOWED ALL BUT $32.50 OF YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED INCIDENT TO THE STORAGE OF YOUR HOUSEHOLD EFFECTS IN COMMERCIAL FACILITIES AT SHAMOKIN, PENNSYLVANIA, DURING THE PERIOD APRIL 24, 1959, TO JUNE 14, 1961.

BY STANDARD TRANSFER ORDER NO. 3-59, DATED JANUARY 19, 1959, YOU WERE DIRECTED TO PROCEED FROM THE UNITED STATES NAVAL COMMUNICATION STATION, BALBOA, FORT AMADOR, CANAL ZONE, TO THE NAVAL COMMUNICATION STATION, GUAM, MARIANA ISLANDS, AS A PERMANENT CHANGE OF DUTY STATIONS. YOUR DEPENDENTS WERE NOT AUTHORIZED TO ACCOMPANY YOU TO YOUR NEW STATION, AND IT IS STATED THAT THE NORMAL WAITING PERIOD FOR NAVY HOUSING IN GUAM WAS FROM 8 TO 10 MONTHS AT THAT TIME. IT IS FURTHER STATED THAT YOU ELECTED TO TRANSPORT YOUR HOUSEHOLD EFFECTS TO YOUR HOME TOWN, SHAMOKIN, PENNSYLVANIA, AND ESTABLISH A RESIDENCE THERE FOR YOUR DEPENDENTS AFTER RECEIVING ADVICE FROM A MEMBER OF THE NAVAL SUPPLY DEPOT, RODMAN, CANAL ZONE, THAT YOU WERE ENTITLED TO ONLY ONE SHIPMENT OF YOUR HOUSEHOLD GOODS PER SET OF ORDERS. YOUR DEPENDENTS REMAINED AT SHAMOKIN UNTIL APRIL 27, 1959, WHEN THEY PROCEEDED TO JOIN YOU AFTER YOU WERE ABLE TO FIND A SUITABLE PRIVATELY OWNED HOUSE FOR THEM IN GUAM. YOUR HOUSEHOLD EFFECTS WERE PLACED IN COMMERCIAL STORAGE AT SHAMOKIN BY YOUR WIFE ON APRIL 24, 1959, WHERE THEY REMAINED UNTIL JUNE 14, 1961, WHEN THE GOODS WERE PICKED UP FOR SHIPMENT TO WASHINGTON, D.C., THE LOCATION OF YOUR NEXT PERMANENT ASSIGNMENT. YOU STATE THAT APPROXIMATELY SIX MONTHS AFTER YOUR DEPENDENTS ARRIVED IN GUAM YOU CONTACTED THE LOCAL NAVAL SUPPLY DEPOT RELATIVE TO HAVING YOUR HOUSEHOLD EFFECTS TRANSFERRED TO GOVERNMENT STORAGE AND WERE ADVISED THAT IT WOULD BE EASIER FOR YOU TO CONTINUE PAYING THE STORAGE CHARGES AND SUBMIT A CLAIM FOR REIMBURSEMENT RATHER THAN REMOVE THE FURNITURE FROM COMMERCIAL STORAGE AND TRANSFER IT TO GOVERNMENT STORAGE FOR THE REMAINDER OF YOUR TOUR OF DUTY.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES FOR THE TRANSPORTATION AND STORAGE OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH 8009-4B (4) (CHANGE 72), JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT SECTION AND IN EFFECT AT THE TIME OF YOUR ORDERS, PROVIDES:

"/4) ORDERED FROM AN OVERSEAS DUTY STATION TO A RESTRICTED OVERSEAS DUTY STATION. WHEN A MEMBER IS TRANSFERRED OR ASSIGNED BY PERMANENT CHANGE OF STATION ORDERS FROM AN OVERSEAS DUTY STATION TO A RESTRICTED AREA LOCATED OUTSIDE THE UNITED STATES, HE WILL BE ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS FROM HIS LAST OR ANY PREVIOUS PERMANENT DUTY STATION OR PLACE OF STORAGE TO ANY ONE OR ANY COMBINATION OF THE FOLLOWING:

2. ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE;

UPON LIFTING OF THE RESTRICTION OR UPON TRANSFER OR ASSIGNMENT OF THE MEMBER TO AN UNRESTRICTED STATION, SHIPMENT OF HOUSEHOLD GOODS FROM THE PLACE TO WHICH THEY WERE SHIPPED IN ACCORDANCE WITH ITEMS 1 THROUGH 4 OF THIS SUBPARAGRAPH TO THE MEMBER'S CURRENT DUTY STATION IS AUTHORIZED, PROVIDED AT LEAST 12 MONTHS REMAIN IN THE MEMBER'S OVERSEAS DUTY TOUR FOLLOWING THE ESTIMATED DATE OF ARRIVAL OF THE MEMBER'S HOUSEHOLD GOODS.'

IN ACCORDANCE WITH THE ABOVE PROVISION, YOU WERE ENTITLED, UPON YOUR CHANGE OF STATION, TO SHIPMENT OF YOUR HOUSEHOLD GOODS FROM THEIR PLACE OF STORAGE TO SHAMOKIN, PENNSYLVANIA, THE DESIGNATED PLACE IN THE UNITED STATES SELECTED FOR THE RESIDENCE OF YOUR DEPENDENTS. AFTER OBTAINING SUITABLE HOUSING IN GUAM AND PERMISSION FOR YOUR DEPENDENTS TO JOIN YOU, ANOTHER SHIPMENT OF YOUR HOUSEHOLD EFFECTS WAS AUTHORIZED FROM SHAMOKIN TO GUAM, YOUR THEN CURRENT DUTY STATION. HOWEVER, SINCE THE EFFECTS WERE NOT SHIPPED ON TO GUAM BUT PLACED IN COMMERCIAL STORAGE AT SHAMOKIN, THE PROVISIONS OF PARAGRAPH 8006, JOINT TRAVEL REGULATIONS, ENTITLED "STORAGE" ARE FOR APPLICATION. TEMPORARY STORAGE IS DEFINED IN PARAGRAPH 8006-1A (CHANGE 53) AS "STORAGE IN CONNECTION WITH AN AUTHORIZED SHIPMENT OF HOUSEHOLD GOODS.' WE HAVE CONSISTENTLY HELD THAT THE REGULATIONS PROVIDING FOR TEMPORARY STORAGE ISSUED PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, AUTHORIZE SUCH STORAGE AT PUBLIC EXPENSE ONLY AS AN INCIDENT OF TRANSPORTATION, THAT IS, FOR COMPARATIVELY BRIEF PERIODS OF DELAY ARISING DURING THE COURSE OF A MOVEMENT OF HOUSEHOLD GOODS BETWEEN AUTHORIZED POINTS. WHERE, AS HERE, THERE IS NO SHIPMENT AND THE EFFECTS ARE SIMPLY PLACED IN LOCAL STORAGE, IT IS CLEAR THAT NO PART OF THE STORAGE WAS INCIDENT TO ANY TRANSPORTATION OR SHIPMENT OF SUCH EFFECTS, AND THERE IS NO AUTHORITY FOR PAYMENT ON A TEMPORARY STORAGE BASIS OF THE CHARGES INCURRED.

PARAGRAPH 8006-2 (CHANGE 54) OF THE REGULATIONS PROVIDES THAT WHERE STORAGE OF EFFECTS IS DESIRED, UNDER THE CIRCUMSTANCES HERE INVOLVED, HOUSEHOLD EFFECTS MAY BE PLACED IN NONTEMPORARY STORAGE IN EITHER GOVERNMENT OR COMMERCIAL FACILITIES, WHICHEVER IS DETERMINED TO BE MORE ECONOMICAL TO THE GOVERNMENT BY THE TRANSPORTATION OFFICER OR SUCH OTHER OFFICER AS THE SERVICE CONCERNED MAY DESIGNATE. THE RECORDS SHOW THAT DURING THE PERIOD APRIL 24, 1959, TO JUNE 14, 1961, GOVERNMENT-OWNED FACILITIES WERE AVAILABLE TO STORE YOUR GOODS AT MECHANICSBURG, PENNSYLVANIA. UNDER THE PROCEDURE ESTABLISHED IN BUREAU AND SUPPLY MANUAL, PARAGRAPH 58016, YOU SHOULD HAVE SUBMITTED AN APPLICATION FOR NONTEMPORARY STORAGE OF YOUR EFFECTS TO THE HOUSEHOLD GOODS TRANSPORTATION OFFICER INSTEAD OF PLACING THEM IN COMMERCIAL STORAGE AT SHAMOKIN. SINCE YOU WERE ENTITLED TO NONTEMPORARY STORAGE INCIDENT TO YOUR ORDERS OF JANUARY 19, 1959, THE HOUSEHOLD GOODS TRANSPORTATION OFFICER WOULD HAVE ARRANGED FOR THE MOVEMENT OF YOUR GOODS BY COMMERCIAL MOTOR VAN TO STORAGE IN THE GOVERNMENT FACILITIES AT MECHANICSBURG AT A COST TO THE GOVERNMENT OF $121.20. THE COST OF THE SUBSEQUENT SHIPMENT OF YOUR EFFECTS FROM MECHANICSBURG TO WASHINGTON, D.C., WOULD HAVE BEEN $125.20, MAKING A TOTAL COST TO THE GOVERNMENT OF $246.40, WHEREAS THE COST TO THE GOVERNMENT OF THE SHIPMENT FROM SHAMOKIN TO WASHINGTON WAS $139.20, A DIFFERENCE OF $107.20. SINCE YOU ARRANGED FOR THE STORAGE OF YOUR EFFECTS AT PERSONAL EXPENSE, REIMBURSEMENT WILL BE CONSIDERED AS AUTHORIZED NOT IN EXCESS OF THE COST, AS COMPUTED ABOVE, OF SUCH STORAGE AND SHIPMENTS TO THE GOVERNMENT HAD ARRANGEMENTS BEEN MADE BY THE HOUSEHOLD GOODS TRANSPORTATION OFFICER (PARAGRAPH 8500, JOINT TRAVEL REGULATIONS). ACCORDINGLY, A SETTLEMENT FOR THE DIFFERENCE BETWEEN THE AMOUNT PREVIOUSLY ALLOWED ($32.50) AND THE AMOUNT FOUND DUE ON THE BASIS SHOWN HEREIN ($107.20) WILL ISSUE IN DUE COURSE.

ASSUMING THAT THE INCURRED PERSONAL EXPENSES WERE ATTRIBUTABLE TO A MISAPPREHENSION BY ADMINISTRATIVE PERSONNEL AS TO WHAT WAS PERMITTED UNDER YOUR ORDERS, IT IS WELL ESTABLISHED THAT, IN THE ABSENCE OF SPECIFIC STATUTORY PROVISIONS, THE UNITED STATES IS NOT LIABLE FOR THE NEGLIGENT ACTS OF ITS OFFICERS AND EMPLOYEES EVEN THOUGH COMMITTED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. SEE ROBERTSON V. SICHEL, 127 U.S. 507, 515.

THE RECEIPTS FURNISHED IN SUPPORT OF YOUR CLAIM HAVE BECOME A PART OF THE PERMANENT RECORDS OF THIS OFFICE AND MAY NOT BE RETURNED. THE CHECK FOR $32.50, REPRESENTING THE AMOUNT ALLOWED BY SETTLEMENT DATED SEPTEMBER 29, 1961, IS RETURNED HEREWITH.