B-149071, SEP. 5, 1962

B-149071: Sep 5, 1962

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: REFERENCE IS MADE TO YOUR LETTER OF MAY 15. YOU WERE DETACHED FROM DUTY AT THE U.S. YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM SANFORD. YOU WERE DETACHED FROM YOUR ASSIGNMENT WITH PATROL SQUADRON 9 AT ALAMEDA AND TRANSFERRED TO DUTY WITH ATTACK SQUADRON 152 AT MOFFETT FIELD. IT IS INDICATED IN THE RECORD THAT UPON REPORTING THERE YOU WERE UNABLE TO FIND ADEQUATE HOUSING FOR YOUR FAMILY AS HOUSING WAS CRITICAL IN THE MOFFETT FIELD. YOU WERE AUTHORIZED EMERGENCY LEAVE TO TAKE YOUR FAMILY TO THEIR HOME IN WHITEFISH. AS YOUR SQUADRON WAS SCHEDULED TO MOVE ON BOARD THE U.S.S. YOUR EFFECTS WERE MOVED FROM STORAGE AT OAKLAND. YOU WERE ALLOWED THE SUM OF $66 REPRESENTING STORAGE FOR SIX MONTHS AT NONTEMPORARY STORAGE RATES.

B-149071, SEP. 5, 1962

TO EUGENE LOUIS FLINT,:

REFERENCE IS MADE TO YOUR LETTER OF MAY 15, 1962, CONCERNING YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT FOR THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS FROM JANUARY 4 TO JULY 4, 1961.

BY ORDERS DATED JUNE 6, 1960, YOU WERE DETACHED FROM DUTY AT THE U.S. NAVAL AIR TECHNICAL TRAINING CENTER, MEMPHIS, TENNESSEE, AND ASSIGNED TO DUTY WITH PATROL SQUADRON 9 BASED AT NAVAL AIR STATION, ALAMEDA, CALIFORNIA. YOU REPORTED FOR DUTY THERE ON JULY 17, 1960. INCIDENT TO SUCH TRANSFER, YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM SANFORD, FLORIDA, TO ALAMEDA AND PLACED IN STORAGE AT OAKLAND, CALIFORNIA. BY ORDERS DATED JULY 18, 1960, YOU WERE DETACHED FROM YOUR ASSIGNMENT WITH PATROL SQUADRON 9 AT ALAMEDA AND TRANSFERRED TO DUTY WITH ATTACK SQUADRON 152 AT MOFFETT FIELD, CALIFORNIA. IT IS INDICATED IN THE RECORD THAT UPON REPORTING THERE YOU WERE UNABLE TO FIND ADEQUATE HOUSING FOR YOUR FAMILY AS HOUSING WAS CRITICAL IN THE MOFFETT FIELD, SAN JOSE AREA. ON AUGUST 10, 1960, YOU WERE AUTHORIZED EMERGENCY LEAVE TO TAKE YOUR FAMILY TO THEIR HOME IN WHITEFISH, MONTANA, AS YOUR SQUADRON WAS SCHEDULED TO MOVE ON BOARD THE U.S.S. CORAL SEA ON AUGUST 28, 1960, AND TO DEPLOY TO WEST PACIFIC IN SEPTEMBER FOR 9 MONTHS. ON JULY 19, 1961, YOUR EFFECTS WERE MOVED FROM STORAGE AT OAKLAND, CALIFORNIA, TO YOUR RESIDENCE AT SAN JOSE, CALIFORNIA. THE GOVERNMENT APPARENTLY PAID FOR 180 DAYS' STORAGE WHICH EXPIRED ON JANUARY 3, 1961. BY SETTLEMENT DATED APRIL 18, 1962, YOU WERE ALLOWED THE SUM OF $66 REPRESENTING STORAGE FOR SIX MONTHS AT NONTEMPORARY STORAGE RATES.

PARAGRAPH 8100-6 OF THE JOINT TRAVEL REGULATIONS IN EFFECT AT THE TIME OF THIS CLAIM PROVIDES AS FOLLOWS:

"6. ISSUANCE OF FURTHER CHANGE-OF-STATION ORDERS AFTER MEMBER'S ARRIVAL AT A NEW DUTY STATION. A MEMBER WHO RECEIVES FURTHER CHANGE OF-STATION ORDERS AFTER ARRIVAL AT A NEW DUTY STATION AND WHOSE HOUSEHOLD GOODS ARE IN TEMPORARY STORAGE AT THE TIME OF RECEIPT OF SUCH ORDERS WILL BE ENTITLED TO A CONTINUATION OF TEMPORARY STORAGE, REGARDLESS OF THE TIME LIMIT PRESCRIBED IN SUBPAR. 2, UNTIL THE EFFECTIVE DATE OF THE NEW ORDERS. SUBSEQUENT ENTITLEMENT TO STORAGE WILL BE DETERMINED UNDER THE NEW PERMANENT CHANGE-OF-STATION ORDERS.'

IT APPARENTLY WAS ADMINISTRATIVELY DETERMINED THAT YOU WERE ENTITLED TO TEMPORARY STORAGE FOR THE FULL 180-DAY PERIOD ENDING JANUARY 3, 1961, UNDER PARAGRAPH 8100-2 OF THE JOINT TRAVEL REGULATIONS IN CONNECTION WITH THE SHIPMENT OF YOUR EFFECTS PURSUANT TO THE ORDERS OF JUNE 6, 1960. THE QUOTED REGULATIONS APPARENTLY CONTEMPLATE THAT IN THE CIRCUMSTANCES THEREIN DESCRIBED THE IN-TRANSIT STATUS OF THE HOUSEHOLD EFFECTS ARISING UNDER THE INITIAL CHANGE OF STATION ORDERS WILL CONTINUE UNDER THE NEW ORDERS AFTER THEY BECOME EFFECTIVE AS THOUGH SHIPMENT WAS INSTITUTED UNDER SUCH NEW ORDERS, WITH ATTENDING RIGHTS TO FURTHER STORAGE BENEFITS ON THAT BASIS.

IT IS CLEAR THAT YOUR EFFECTS WERE PLACED IN STORAGE INCIDENT TO YOUR ORDERS OF JUNE 6, 1960, PENDING LOCATION OF SUITABLE LIVING QUARTERS AT ALAMEDA, CALIFORNIA, WHICH WAS YOUR DUTY STATION. FURTHER, IT IS INDICATED THAT SINCE YOU WERE IMMEDIATELY ORDERED TO DUTY AT MOFFETT FIELD, CALIFORNIA, AND AWAY FROM YOUR STATION ON DEPLOYMENT YOU WERE UNABLE TO MOVE YOUR EFFECTS OUT OF STORAGE UNTIL JULY 19, 1961. IN THESE CIRCUMSTANCES, THE HOUSEHOLD EFFECTS BEING IN TRANSIT UNDER BOTH ORDERS, IT APPEARS THAT UNDER THE QUOTED REGULATIONS YOUR TEMPORARY STORAGE RIGHTS UNDER THE INITIAL ORDERS CONTINUED UNTIL THE EFFECTIVE DATE OF YOUR NEW ORDERS AND THAT ALSO YOU PROPERLY MAY BE CONSIDERED AS ENTITLED TO TEMPORARY STORAGE AT GOVERNMENT EXPENSE OF YOUR HOUSEHOLD EFFECTS, WITHIN YOUR AUTHORIZED WEIGHT ALLOWANCE, FOR AN ADDITIONAL 180 DAYS COMMENCING JANUARY 4, 1961, AS AUTHORIZED IN PARAGRAPH 8100-2 OF THE JOINT TRAVEL REGULATIONS ON THE BASIS OF THE STATION CHANGE EFFECTED BY THE ORDERS OF JULY 18, 1960, BECAUSE OF YOUR ABSENCE FROM YOUR STATION ON TEMPORARY DUTY DIRECTED AFTER YOUR ARRIVAL AT THAT STATION.

ACCORDINGLY, A SETTLEMENT WILL ISSUE IN DUE COURSE ALLOWING YOU REIMBURSEMENT FOR THE STORAGE COSTS PAID BY YOU FOR YOUR HOUSEHOLD EFFECTS FOR THE PERIOD COMMENCING JANUARY 4, 1961, LIMITED, HOWEVER, TO AN AMOUNT REPRESENTING THE PROPORTIONATE COST INVOLVED FOR THE STORAGE OF 5,500 POUNDS OF EFFECTS FOR 180 DAYS, LESS THE SUM OF $66 PAID TO YOU BY THE SETTLEMENT OF APRIL 18, 1962.