B-154201, JUNE 23, 1964, 43 COMP. GEN. 823

B-154201: Jun 23, 1964

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IS PRECLUDED ON THE BASIS THERE IS NO NEED FOR TEMPORARY STORAGE. THE MEMBER HAVING 1 YEAR TO SELECT A HOME FOLLOWING RETIREMENT ORDINARILY WILL BE PREPARED WHEN REQUESTING SHIPMENT FROM NONTEMPORARY STORAGE TO ACCEPT THE GOODS ON ARRIVAL. 1964: REFERENCE IS MADE TO LETTER DATED MAY 4. THE REQUEST WAS ASSIGNED CONTROL NO. 64-15 BY THE PER DIEM. IN THE LETTER FROM THE UNDER SECRETARY IT IS STATED THAT THE CURRENT PROVISIONS OF PARAGRAPH 8260-3. TEMPORARY STORAGE IN CONNECTION WITH SUCH SHIPMENTS IS NOT NECESSARY SINCE UPON RETIREMENT A MEMBER IS ENTITLED TO NONTEMPORARY STORAGE FOR 1 YEAR. ARRANGEMENTS HAVE BEEN MADE FOR ACCEPTANCE OF HOUSEHOLD GOODS UPON ARRIVAL AT DESTINATION. IT IS SAID THAT CIRCUMSTANCES BEYOND CONTROL OF THE MEMBER DO ARISE AFTER SHIPMENT WHICH NECESSITATE TEMPORARY STORAGE AT DESTINATION.

B-154201, JUNE 23, 1964, 43 COMP. GEN. 823

STORAGE - HOUSEHOLD EFFECTS - MILITARY PERSONNEL - TEMPORARY - CONDITIONS BEYOND CONTROL OF MEMBER THE TEMPORARY STORAGE OF HOUSEHOLD EFFECTS IN CONNECTION WITH SHIPMENT FROM NONTEMPORARY STORAGE TO THE HOME OR PLACE OF RESIDENCE SELECTED BY A MEMBER OF THE UNIFORMED SERVICE UPON RETIREMENT, WHICH UNDER PARAGRAPH 8260-3, JOINT TRAVEL REGULATIONS, IS PRECLUDED ON THE BASIS THERE IS NO NEED FOR TEMPORARY STORAGE, THE MEMBER HAVING 1 YEAR TO SELECT A HOME FOLLOWING RETIREMENT ORDINARILY WILL BE PREPARED WHEN REQUESTING SHIPMENT FROM NONTEMPORARY STORAGE TO ACCEPT THE GOODS ON ARRIVAL, MAY BE AUTHORIZED WHEN CIRCUMSTANCES BEYOND THE CONTROL OF THE MEMBER ARISE AFTER SHIPMENT FROM NONTEMPORARY STORAGE NECESSITATE TEMPORARY STORAGE AT DESTINATION, AND PARAGRAPH 8260-3 AMENDED ACCORDINGLY, THE PURPOSE OF THE REGULATION, IMPLEMENTING 37 U.S.C. 404 (A), BEING TO AUTHORIZE AT GOVERNMENT EXPENSE THE TRANSPORTATION OF HOUSEHOLD EFFECTS TO THE PLACE WHERE THE MEMBER GOES TO RESIDE FOLLOWING RETIREMENT.

TO THE SECRETARY OF THE NAVY, JUNE 23, 1964:

REFERENCE IS MADE TO LETTER DATED MAY 4, 1964, FROM THE UNDER SECRETARY OF THE NAVY, REQUESTING DECISION AS TO WHETHER PARAGRAPH 8260-3, JOINT TRAVEL REGULATIONS, MAY BE AMENDED TO AUTHORIZE TEMPORARY STORAGE OF HOUSEHOLD GOODS IN CONNECTION WITH SHIPMENT FROM NONTEMPORARY STORAGE TO HOME OR PLACE SELECTED BY THE MEMBER. THE REQUEST WAS ASSIGNED CONTROL NO. 64-15 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

IN THE LETTER FROM THE UNDER SECRETARY IT IS STATED THAT THE CURRENT PROVISIONS OF PARAGRAPH 8260-3, JOINT TRAVEL REGULATIONS, WHICH PRECLUDE TEMPORARY STORAGE OF HOUSEHOLD GOODS IN CONNECTION WITH SHIPMENT FROM NONTEMPORARY STORAGE TO HOME OR PLACE SELECTED BY THE MEMBER, OFTEN RESULT IN FINANCIAL HARDSHIP TO RETIRED MEMBERS, AND THAT, NORMALLY, TEMPORARY STORAGE IN CONNECTION WITH SUCH SHIPMENTS IS NOT NECESSARY SINCE UPON RETIREMENT A MEMBER IS ENTITLED TO NONTEMPORARY STORAGE FOR 1 YEAR, AND ARRANGEMENTS HAVE BEEN MADE FOR ACCEPTANCE OF HOUSEHOLD GOODS UPON ARRIVAL AT DESTINATION. HOWEVER, DESPITE PRE-MOVE PLANNING, IT IS SAID THAT CIRCUMSTANCES BEYOND CONTROL OF THE MEMBER DO ARISE AFTER SHIPMENT WHICH NECESSITATE TEMPORARY STORAGE AT DESTINATION, AND UNDER THE CURRENT REGULATIONS THE COST OF SUCH TEMPORARY STORAGE MUST BE BORNE BY THE MEMBER.

THE UNDER SECRETARY GIVES THE FOLLOWING EXAMPLES OF SITUATIONS IN WHICH TEMPORARY STORAGE IS NECESSARY: (A) ARRIVAL OF SHIPMENT PRIOR TO PREARRANGED DELIVERY DATE AND QUARTERS ARE NOT AVAILABLE; (B) UNFORESEEN DELAYS IN COMPLETING NEGOTIATIONS FOR LEASE OR PURCHASE OF RESIDENCE; (C) DESTRUCTION OF RESIDENCE BY FIRE; AND (D) SERIOUS ILLNESS OF THE MEMBER OR DEPENDENT.

IN ORDER TO ALLEVIATE THE PROBLEM THE UNDER SECRETARY SAYS IT HAS BEEN RECOMMENDED THAT THE JOINT TRAVEL REGULATIONS BE AMENDED SUBSTANTIALLY AS PROVIDED IN A DRAFT WHICH HE ENCLOSED WITH HIS LETTER AND WHICH READS AS FOLLOWS:

PAR. 8260-3 REVISED

3.--- STORAGE. A MEMBER OR A DEPENDENT WHO IS ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS TO A HOME OF SELECTION OR TO SOME OTHER PLACE UNDER THE CONDITIONS OUTLINED IN SUBPARS. 1 AND 8 WILL BE ENTITLED TO NONTEMPORARY STORAGE OF ALL OR ANY PORTION OF SUCH HOUSEHOLD GOODS IN ACCORDANCE WITH PAR. 8101 FOR A PERIOD NOT TO EXCEED 1 YEAR FROM THE DATE OF TERMINATION OF ACTIVE DUTY. TEMPORARY STORAGE IN CONNECTION WITH A SHIPMENT FROM NONTEMPORARY STORAGE TO THE HOME OR OTHER PLACE SELECTED BY THE MEMBER OR HIS DEPENDENT UNDER SUBPARS. 1 OR 8 IS NOT AUTHORIZED EXCEPT:

1. WHEN NECESSARY BECAUSE OF CONDITIONS BEYOND CONTROL OF THE MEMBER, OR DEPENDENT IF APPLICABLE; AND

2. SUCH CONDITIONS ARISE AFTER SHIPMENT FROM NONTEMPORARY STORAGE; AND

3. TEMPORARY STORAGE IS AUTHORIZED OR APPROVED BY THE TRANSPORTATION OFFICER OR SUCH OTHER OFFICER AS THE SERVICE CONCERNED MAY DESIGNATE.

THAT PORTION (IF ANY) OF A MEMBER'S HOUSEHOLD GOODS WHICH IS NOT PLACED IN NONTEMPORARY STORAGE IN ACCORDANCE WITH THIS SUBPARAGRAPH MAY BE PLACED IN TEMPORARY STORAGE IN ACCORDANCE WITH PAR. 8100 IN CONJUNCTION WITH THE SHIPMENT OF SUCH GOODS TO THE HOME OR OTHER PLACE SELECTED BY THE MEMBER OR HIS DEPENDENT UNDER SUBPARS. 1 OR 8.

THE PERTINENT STATUTE, 37 U.S.C. 404 (A), PROVIDES THAT, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL UNDER ORDERS TO HIS HOME UPON RETIREMENT WITH PAY. IN SUCH CASES THE MEMBER IS PERMITTED UNDER SUBSECTION (C) OF THAT SECTION TO SELECT HIS HOME FOR THE PURPOSES OF TRAVEL AND TRANSPORTATION ALLOWANCES AUTHORIZED IN SUBSECTION (A).

SECTION 406 (B) AND (C) PROVIDE THAT IN CONNECTION WITH A CHANGE OF STATION MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRANSPORTATION, INCLUDING TEMPORARY STORAGE OF BAGGAGE AND HOUSEHOLD EFFECTS UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES.

SECTION 406 (D) PROVIDES FOR NONTEMPORARY STORAGE OF BAGGAGE AND HOUSEHOLD EFFECTS IN GOVERNMENT FACILITIES, OR IN COMMERCIAL FACILITIES WHEN MORE ECONOMICAL TO THE GOVERNMENT, WITH THE FURTHER PROVISION THAT IN NO INSTANCE SHALL THE WEIGHT STORED PLUS THE WEIGHT TRANSPORTED IN CONNECTION WITH A CHANGE OF STATION EXCEED THE MAXIMUM WEIGHT LIMITATION FIXED BY REGULATIONS PROMULGATED BY THE RESPECTIVE SECRETARIES WHERE NOT OTHERWISE FIXED BY LAW. A FURTHER LIMITATION IS THAT NONTEMPORARY STORAGE OF BAGGAGE AND OF HOUSEHOLD EFFECTS SHALL NOT BE AUTHORIZED FOR A PERIOD LONGER THAN 1 YEAR FROM THE DATE THE MEMBER CONCERNED IS SEPARATED FROM THE SERVICE, EXCEPT THAT A LONGER PERIOD MAY BE AUTHORIZED BY REGULATIONS PROMULGATED BY THE SECRETARIES WHERE A MEMBER IS CONFINED IN A HOSPITAL OR IN ITS VICINITY UNDERGOING MEDICAL TREATMENT ON DATE OF SEPARATION. ALSO SEPARATE PROVISION IS MADE IN SUBSECTION 406 (G) FOR PROMULGATION BY THE SECRETARIES OF UNIFORM REGULATIONS CONCERNING THE TRAVEL OF DEPENDENTS AND THE TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS TO THE HOME SELECTED BY THE MEMBER UNDER SECTION 404 (C). SUCH REGULATIONS ARE CONTAINED IN PARAGRAPH 8260 OF THE JOINT TRAVEL REGULATIONS.

IT IS A WELL-ESTABLISHED RULE THAT TEMPORARY STORAGE, AS IN THE CASE OF PACKING AND CRATING, SHOULD BE FURNISHED ONLY WHEN NECESSARY AS AN INCIDENT TO A SHIPMENT CURRENTLY IN PROCESS OR IN IMMEDIATE PROSPECT. COMP. GEN. 410. ALSO WE HAVE RECOGNIZED THAT THE STATUTE PROVIDES FOR NONTEMPORARY STORAGE OF BAGGAGE AND HOUSEHOLD GOODS INDEPENDENTLY OF TRANSPORTATION OF SUCH GOODS. B-142462, MAY 6, 1960. PARAGRAPH 8100-4 PROVIDES FOR TEMPORARY STORAGE IN CONNECTION WITH SHIPMENT FROM NONTEMPORARY STORAGE TO DESTINATION UNLESS OTHERWISE SPECIFICALLY PROHIBITED UNDER THE REGULATIONS. SUCH PROHIBITION IS CONTAINED IN PARAGRAPH 8260-3 OF THE REGULATIONS, PRESUMABLY BECAUSE IT WAS CONSIDERED THERE WAS NO NEED FOR TEMPORARY STORAGE SUBSEQUENT TO NONTEMPORARY STORAGE SINCE THE MEMBER HAS 1 YEAR TO SELECT A HOME FOLLOWING RETIREMENT AND ORDINARILY WILL BE PREPARED, WHEN HE REQUESTS SHIPMENT FROM NONTEMPORARY STORAGE, TO ACCEPT THE GOODS UPON ARRIVAL.

HOWEVER, IN VIEW OF THE REPRESENTATIONS MADE IN THE UNDER SECRETARY'S LETTER THAT, DESPITE PRE-MOVE PLANNING, CIRCUMSTANCES BEYOND CONTROL OF THE MEMBER DO ARISE AFTER SHIPMENT FROM NONTEMPORARY STORAGE WHICH NECESSITATE TEMPORARY STORAGE AT DESTINATION, AND SINCE THE PURPOSE OF THE STATUTE AND REGULATIONS IS TO AUTHORIZE TRANSPORTATION AT GOVERNMENT EXPENSE FOR A MEMBER, HIS DEPENDENTS, AND HOUSEHOLD EFFECTS TO THE PLACE WHERE HE GOES TO RESIDE FOLLOWING RETIREMENT (36 COMP. GEN. 774) IT APPEARS THAT THE PROVISIONS OF THE APPLICABLE LAW ARE SUFFICIENTLY BROAD TO PROVIDE FOR TEMPORARY STORAGE UNDER THE LIMITATIONS PROPOSED IN SUCH CASES AS AN INCIDENCE OF TRANSPORTATION. ACCORDINGLY OUR OFFICE HAS NO OBJECTION TO THE PROPOSED REVISION OF THE REGULATIONS.