B-149404, OCT. 1, 1962

B-149404, OCT. 1, 1962

TO LIEUTENANT COLONEL WILLIAM C. WINTER, JR., USAF (MC):

FURTHER REFERENCE IS MADE TO YOUR CLAIM DATED JUNE 11, 1962, FOR REIMBURSEMENT OF AMOUNTS PAID FOR CARTAGE, PACKING, CRATING AND STORAGE OF HOUSEHOLD EFFECTS DURING THE PERIOD APRIL 9 TO SEPTEMBER 9, 1955. SINCE OUR RECORDS SHOW THAT A SIMILAR CLAIM PRESENTED BY YOU WAS DISALLOWED BY OUR SETTLEMENT DATED JULY 18, 1957, YOUR PRESENT CLAIM WILL BE TREATED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

BY SPECIAL ORDERS NO. 244 DATED DECEMBER 15, 1953, WHILE A MAJOR, YOU WERE RELIEVED FROM ASSIGNMENT AT EGLIN AIR FORCE BASE, FLORIDA, AND ASSIGNED TO PEPPERRELL AIR FORCE BASE, NEWFOUNDLAND, WHERE YOUR DEPENDENTS (WIFE AND SON) WERE NOT PERMITTED TO ACCOMPANY OR JOIN YOU. YOUR HOUSEHOLD EFFECTS WERE MOVED AT GOVERNMENT EXPENSE FROM EGLIN AIR FORCE BASE TO LITCHFIELD, CONNECTICUT, AND YOUR DEPENDENTS LIVED IN AN APARTMENT THERE UNTIL APPROXIMATELY ONE YEAR LATER WHEN THEY VISITED YOU AT PEPPERRELL AIR FORCE BASE. IT IS ADMINISTRATIVELY REPORTED THAT ORDERS DATED JANUARY 11, 1955, AUTHORIZING SHIPMENT OF YOUR HOUSEHOLD EFFECTS TO PEPPERRELL AIR FORCE BASE, WERE ISSUED AS A FORMALITY SO THAT QUARTERS COULD BE PROVIDED FOR YOUR DEPENDENTS WHILE AT THAT STATION. A COPY OF THE ORDERS WAS FORWARDED BY THE AIR FORCE TO THE TRANSPORTATION OFFICER AT THE BOSTON ARMY BASE, AND ON THE BASIS OF THESE ORDERS WITHOUT AUTHORIZATION FROM OR ON BEHALF OF YOU, ARMY PERSONNEL HAD YOUR HOUSEHOLD EFFECTS PICKED UP AT YOUR DEPENDENTS' APARTMENT DURING THE LATTER'S ABSENCE. THE HOUSEHOLD EFFECTS WERE PACKED, CRATED AND DRAYED TO STORAGE IN THE WAREHOUSE OF BLAKESLEE COMPANY, WATERBURY, CONNECTICUT, AWAITING DISPOSITION ORDERS FROM YOU. WHEN YOUR WIFE AND SON RETURNED TO LITCHFIELD ON FEBRUARY 24, 1955, AND LEARNED WHAT HAD HAPPENED, YOUR WIFE REQUESTED THE BOSTON ARMY BASE TO PERMIT THE PROPERTY TO REMAIN IN STORAGE FOR SIX MONTHS AND THAT THE GOVERNMENT BEAR ALL THE EXPENSES INVOLVED. THE BLAKESLEE COMPANY INFORMED YOU BY LETTER DATED APRIL 6, 1955, THAT YOUR HOUSEHOLD EFFECTS HAD BEEN RECEIVED FROM THE BOSTON AIR BASE, FEBRUARY 9, 1955, AND THAT EFFECTIVE APRIL 9, 1955, THEY WERE PLACED IN STORAGE AT YOUR EXPENSE.

BY SPECIAL ORDERS NO. 156 DATED AUGUST 11, 1955, YOU WERE RELIEVED FROM ASSIGNMENT AT PEPPERRELL AIR FORCE BASE AND REASSIGNED TO ENT AIR FORCE BASE, COLORADO, EFFECTIVE SEPTEMBER 19, 1955. ON OR ABOUT AUGUST 18, 1955, BEFORE YOUR HOUSEHOLD EFFECTS WERE REMOVED FROM STORAGE, THE BLAKESLEE COMPANY WAREHOUSE WAS INUNDATED BY FLOOD WATERS. YOU WERE REQUIRED TO PAY THE COMPANY $370 AS STORAGE CHARGES FOR THE PERIOD APRIL 9 TO SEPTEMBER 9, 1955, BEFORE IT WOULD PERMIT INSPECTION OF YOUR PROPERTY SO THAT THE LOSS AND DAMAGE CAUSED BY THE FLOOD COULD BE ASCERTAINED, AND YOU ALSO PAID THE COMPANY $1,392.89 FOR CARTAGE, CRATING AND PACKING IN ORDER TO OBTAIN RELEASE OF YOUR PROPERTY. THE AIR FORCE DETERMINED THE AMOUNT OF DAMAGE TO YOUR PROPERTY TO BE $17,270.63 AND PAID YOU $6,500, THE MAXIMUM AMOUNT PAYABLE UNDER 10 U.S.C. 2732, AND PURSUANT TO THE ACT OF SEPTEMBER 21, 1961, PRIVATE LAW 87-199, 75 STAT. 920, AN ADDITIONAL $10,770.63 WAS PAID TO YOU FOR HOUSEHOLD AND PERSONAL EFFECTS DESTROYED OR DAMAGED.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED, IN CONNECTION WITH A CHANGE OF STATION, TO"TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS" TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH 8013-2 OF THE JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME INVOLVED, PROMULGATED PURSUANT TO THAT ACT, PROVIDES THAT WHEN HOUSEHOLD GOODS WITHIN THE PRESCRIBED WEIGHT ALLOWANCE HAVE BEEN IMPROPERLY SHIPPED OR OTHERWISE UNAVOIDABLY SEPARATED FROM THE MEMBER, NOT BECAUSE OF THE FAULT OF MEMBER, SUCH IMPROPER SHIPMENT MAY BE FORWARDED TO THE PROPER DESTINATION AT GOVERNMENT EXPENSE UPON APPROVAL OF THE SERVICE CONCERNED. PARAGRAPH 8000-11 OF THE REGULATIONS PROVIDES THAT SHIPMENT OF HOUSEHOLD GOODS CONSISTS OF TRANSPORTATION, INCLUDING PACKING, CRATING, DRAYAGE (AT POINT OF SHIPMENT AND AT DESTINATION), TEMPORARY STORAGE, UNCRATING AND UNPACKING, AT GOVERNMENT EXPENSE, UNLESS OTHERWISE STATED. WHILE PARAGRAPH 8013-2 PROVIDES THAT AN IMPROPER SHIPMENT WITHIN AUTHORIZED WEIGHT ALLOWANCE MAY BE "FORWARDED" TO THE PROPER DESTINATION AT GOVERNMENT EXPENSE, IT APPEARS THAT THE REGULATIONS CONTEMPLATE THAT CERTAIN ACCESSORIAL SERVICES SUCH AS PACKING, CRATING AND DRAYAGE WHICH OCCURRED WITH THE IMPROPER SHIPMENT SHOULD BE PAID BY THE GOVERNMENT.

PARAGRAPH 8006-1 (A) OF THE REGULATIONS AUTHORIZES TEMPORARY STORAGE IN A COMMERCIAL FACILITY NOT EXCEEDING SIX MONTHS WHEN GOVERNMENT FACILITIES ARE NOT AVAILABLE OR, IN THE JUDGMENT OF THE SHIPPING OFFICER, WHEN STORAGE IN GOVERNMENT FACILITIES IS NOT MORE ADVANTAGEOUS TO THE GOVERNMENT. SUCH TEMPORARY STORAGE, HOWEVER, IS AUTHORIZED ONLY AS AN INCIDENT OF TRANSPORTATION; THAT IS, FOR PERIODS OF DELAY ARISING DURING THE COURSE OF MOVEMENT OF HOUSEHOLD EFFECTS BETWEEN AUTHORIZED POINTS. WHERE, AS HERE, THERE IS NO SHIPMENT AND THE EFFECTS ARE SIMPLY PLACED IN LOCAL COMMERCIAL STORAGE, PENDING SUCH FUTURE DISPOSITION AS THE OWNER MAY DESIRE, THERE IS NO AUTHORITY FOR PAYMENT FROM PUBLIC FUNDS OF ANY PART OF THE STORAGE CHARGES INCURRED. THIS IS SO EVEN THOUGH THE STORAGE CHARGES MAY HAVE BEEN INCURRED AS A RESULT OF AN ERROR OF GOVERNMENT PERSONNEL. THE REGULATIONS ALSO PROVIDED FOR NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES WHEN SUCH FACILITIES WERE AVAILABLE. AT THE TIME YOUR EFFECTS WERE STORED, THIS WAS A SERVICE WHICH COULD BE FURNISHED IN KIND ONLY AND THE UNAVAILABILITY OF GOVERNMENT FACILITIES OR FAILURE OTHERWISE TO FURNISH SUCH STORAGE DID NOT GIVE RISE TO A RIGHT TO REIMBURSEMENT OF EXPENSES INCURRED FOR COMMERCIAL STORAGE OF SUCH EFFECTS.

HOWEVER, WE CONCLUDE THAT YOU ARE ENTITLED TO REIMBURSEMENT ON THE BASIS OF THE PRESCRIBED WEIGHT ALLOWANCE OF A MAJOR (YOUR RANK AT THE TIME) FOR AMOUNTS PAID FOR PACKING, CRATING AND DRAYAGE OF YOUR HOUSEHOLD EFFECTS WHICH WERE IMPROPERLY PLACED IN STORAGE AND A SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.