B-149882, OCT. 19, 1962

B-149882, OCT. 19, 1962

TO LIEUTENANT (JG) A. D. BICKELL, SC:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 28, 1962, REQUESTING RECONSIDERATION OF SETTLEMENT DATED AUGUST 1, 1962, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED INCIDENT TO THE STORAGE OF 6,020 POUNDS OF YOUR HOUSEHOLD GOODS IN COMMERCIAL FACILITIES DURING THE PERIOD NOVEMBER 61, 1959, TO MARCH 30, 1961.

BY ORDERS DATED JULY 20, 1959, HAVING BEEN ENLISTED IN THE SPECIAL ENLISTED RATE OF OFFICER CANDIDATE, YOU WERE PLACED ON ACTIVE DUTY WITHOUT PAY AND DIRECTED TO PROCEED TO YOUR HOME, REDWOOD CITY, CALIFORNIA. FROM THERE YOU WERE FURTHER DIRECTED TO PROCEED TO NEWPORT, RHODE ISLAND, IN TIME TO REPORT ON JULY 27, 1959, FOR INDOCTRINATION. UPON SATISFACTORY COMPLETION OF PRESCRIBED PERIOD OF INDOCTRINATION YOU WERE TO BE APPOINTED ENSIGN, NAVAL RESERVE, AND ORDERED TO FURTHER DUTY. BY ORDERS DATED OCTOBER 16, 1959, UPON ACCEPTANCE OF APPOINTMENT IN THE NAVAL RESERVE YOU WERE DIRECTED TO PROCEED TO ATHENS, GEORGIA, FOR DUTY UNDER INSTRUCTION IN THE NAVY SUPPLY CORPS SCHOOL. BY ORDERS DATED APRIL 28, 1960, YOU WERE ORDERED TO BROOKLYN, NEW YORK, FOR TEMPORARY DUTY, UPON COMPLETION OF WHICH YOU WERE TO PROCEED TO SAN MIGUEL, LUZON, REPUBLIC OF THE PHILIPPINES, FOR DUTY. ON THE BASIS OF THE ORDERS OF OCTOBER 16, 1959, YOU SHIPPED A QUANTITY OF HOUSEHOLD GOODS TO YOUR TEMPORARY STATION, ATHENS, GEORGIA, AND PLACED THE BALANCE IN NONTEMPORARY STORAGE IN REDWOOD CITY, CALIFORNIA. IT IS ADMINISTRATIVELY REPORTED THERE IS NO RECORD THAT A REQUEST WAS MADE FOR NONTEMPORARY STORAGE AT THE TIME YOUR GOODS WERE PLACED IN STORAGE AND THAT SUCH REQUEST WAS NOT MADE UNTIL MARCH 19, 1961. HOWEVER, YOU CONTEND THAT THE JOINT TRAVEL REGULATIONS GIVE YOU A RIGHT TO STORAGE OF YOUR HOUSEHOLD GOODS THAT WERE NOT SHIPPED.

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 8203 (CHANGE 83, AUGUST 1, 1959) OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN A MEMBER IS ORDERED TO TEMPORARY DUTY FOR FURTHER ASSIGNMENT HIS HOUSEHOLD EFFECTS MAY BE PLACED IN STORAGE UNDER PARAGRAPH 8101. PARAGRAPH 8101 (CHANGE 83, AUGUST 1, 1959) OF THE SAME REGULATIONS, PROVIDES THAT NONTEMPORARY STORAGE OF HOUSEHOLD GOODS MAY BE AUTHORIZED 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. IN YOUR CASE, IT IS REPORTED THAT YOU WOULD HAVE BEEN ENTITLED TO CARTAGE, PACKING, HANDLING AND NONTEMPORARY STORAGE OF YOUR HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IN COMMERCIAL STORAGE.

SINCE YOU WERE ENTITLED TO COMMERCIAL STORAGE OF YOUR HOUSEHOLD GOODS INCIDENT TO YOUR ORDERS OF OCTOBER 16, 1959, YOU MAY BE REIMBURSED FOR THE COST OF THE STORAGE USED AND THE RELATED CHARGES. HOWEVER, IN VIEW OF THE FACT THAT YOU ARRANGED FOR THE STORAGE OF YOUR GOODS AT PERSONAL EXPENSE, REIMBURSEMENT IS LIMITED BY THE PROVISIONS OF PARAGRAPH 8500 OF THE JOINT TRAVEL REGULATIONS TO THE COST WHICH WOULD HAVE BEEN INCURRED BY THE GOVERNMENT HAD THE STORAGE BEEN ARRANGED BY A SHIPPING OR TRANSPORTATION OFFICER. A SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.