B-155244, NOV. 13, 1964

B-155244, NOV. 13, 1964

TO LIEUTENANT COLONEL LESTER R. BRANDT:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 15, 1964, REQUESTING RECONSIDERATION OF SETTLEMENT DATED SEPTEMBER 9, 1964, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE STORAGE, HANDLING AND DRAYAGE CHARGES OF YOUR HOUSEHOLD GOODS DURING THE PERIOD JULY 10 TO 25, 1963, INCIDENT TO YOUR RETIREMENT FROM THE UNITED STATES AIR FORCE.

BY SPECIAL ORDER AB-11893 DATED SEPTEMBER 24, 1962, YOU WERE RELIEVED FROM ASSIGNMENT AT THE AIR FORCE HOSPITAL, TRAVIS AIR FORCE BASE, CALIFORNIA, PLACED ON THE TEMPORARY DISABILITY RETIRED LIST IN THE GRADE OF LIEUTENANT COLONEL EFFECTIVE OCTOBER 3, 1962, AND PLACED ON THE AIR FORCE RESERVE RETIRED LIST EFFECTIVE OCTOBER 4, 1962. GOVERNMENT BILL OF LADING, B-8359267, WAS ISSUED JUNE 20, 1963, FOR THE SHIPMENT OF YOUR HOUSEHOLD GOODS FROM NONTEMPORARY STORAGE AT VALLEJO, CALIFORNIA, TO YOUR HOME OF SELECTION AT HOMESTEAD, FLORIDA. A NOTATION ON THE BILL OF LADING SPECIFICALLY STATED THAT NO STORAGE IS AUTHORIZED AT GOVERNMENT EXPENSE, CITING PARAGRAPH 8260-3 OF THE JOINT TRAVEL REGULATIONS. THE HOUSEHOLD GOODS SECTION AT HOMESTEAD AIR FORCE BASE REPORTED THAT WHEN THE DRIVER OF THE VAN ATTEMPTED TO DELIVER YOUR HOUSEHOLD GOODS TO YOUR HOME OF SELECTION AT HOMESTEAD ON JULY 10, 1963, HE FOUND NO ONE HOME AND ASCERTAINED THAT YOU WERE OUT OF TOWN. SINCE THE DRIVER WAS UNABLE TO DELIVER YOUR HOUSEHOLD GOODS TO YOUR HOME OF SELECTION, THE HOUSEHOLD GOODS SECTION AT HOMESTEAD AIR FORCE BASE AUTHORIZED THE DRIVER TO PLACE THEM IN STORAGE AT YOUR EXPENSE. YOUR CLAIM FOR REIMBURSEMENT OF THE CHARGES INCIDENT TO SUCH STORAGE WAS DISALLOWED BY THE SETTLEMENT DATED SEPTEMBER 9, 1964, FOR THE REASON THAT TEMPORARY STORAGE IS NOT AUTHORIZED IN ADDITION TO NONTEMPORARY STORAGE OF HOUSEHOLD GOODS OF A MEMBER WHO IS PLACED ON THE TEMPORARY DISABILITY RETIRED LIST.

IN YOUR LETTER YOU SAY, IN SUBSTANCE, THAT WHILE YOU KNOW YOU ARE NOT ENTITLED TO THE TEMPORARY STORAGE IN QUESTION, YOU FEEL THAT YOU SHOULD HAVE BEEN GIVEN ADVANCE NOTICE OF THE ARRIVAL OF YOUR EFFECTS SINCE THE DRIVER OF THE VAN MADE VERY LITTLE ATTEMPT TO LOCATE YOU OTHER THAN ASKING YOUR NEIGHBOR'S SEVEN YEAR OLD BOY AS TO YOUR WHEREABOUTS. YOU SAY THAT YOU WERE ONLY FORTY MILES FROM HOMESTEAD AND YOU COULD HAVE ARRIVED THERE IN LESS THAN ONE HOUR HAD THE VAN DRIVER PROPERLY CONTACTED YOUR NEIGHBOR. YOU REQUEST A CITATION TO THE REGULATION PROVIDING THAT A DRIVER IS REQUIRED TO WAIT AT THE RESIDENCE OF THE OWNER FOR A PERIOD OF THREE OR FOUR HOURS BEFORE MOVING THE EFFECTS TO STORAGE.

PARAGRAPH 5204A/5), AIR FORCE MANUAL 75-4C, STATES, UNDER THE HEADING TEMPORARY STORAGE, THAT TRANSPORTATION OFFICERS SHOULD TAKE ADVANTAGE OF THE THREE HOUR FREE WAITING TIME GENERALLY ALLOWED IN THE CARRIER'S TARIFFS AND RATE TENDERS FOR SHIPMENTS IN EXCESS OF 200 MILES. IT MAY BE NOTED, HOWEVER, THAT PARAGRAPH 5116B/1), AIR FORCE MANUAL 75-4, ALSO PROVIDES THAT THE MEMBER IS RESPONSIBLE FOR MAKING ADVANCE ARRANGEMENTS FOR IMMEDIATE ACCEPTANCE OF THE HOUSEHOLD GOODS FROM THE CARRIER AT DESTINATION.

SECTION 106 (G) OF TITLE 37, U.S.C. PROVIDES THAT UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED, A MEMBER WHO IS PLACED ON THE TEMPORARY DISABILITY RETIRED LIST IS ENTITLED TO TRANSPORTATION OF HIS HOUSEHOLD GOODS TO THE HOME SELECTED BY THE MEMBER UNDER SECTION 404/C) OF THIS TITLE. REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 8260-3 OF THE REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDED THAT A MEMBER WHO WAS PLACED ON THE TEMPORARY DISABILITY RETIRED LIST WAS ENTITLED TO SHIPMENT OF HIS HOUSEHOLD GOODS FROM HIS LAST OR ANY PREVIOUS DUTY STATION OR FROM STORAGE, TO HIS HOME OF SELECTION. HE WAS ALSO ENTITLED TO THE NONTEMPORARY STORAGE OF ALL OR ANY PORTION OF HIS HOUSEHOLD GOODS FOR A PERIOD NOT TO EXCEED ONE YEAR FROM THE DATE OF TERMINATION OF ACTIVE DUTY. HOWEVER, THE PARAGRAPH SPECIFICALLY PROVIDED THAT TEMPORARY STORAGE IN CONNECTION WITH A SHIPMENT FROM NONTEMPORARY STORAGE TO THE HOME SELECTED BY THE MEMBER WAS NOT AUTHORIZED.

SINCE YOUR HOUSEHOLD GOODS WERE SHIPPED FROM NONTEMPORARY STORAGE AT VALLEJO, CALIFORNIA, TO YOUR HOME OF SELECTION AT HOMESTEAD, FLORIDA, THERE IS NO AUTHORITY UNDER THE CITED REGULATIONS IN EFFECT AT THE TIME THE SHIPMENT WAS MADE FOR THE PAYMENT OF YOUR CLAIM FOR REIMBURSEMENT OF THE CHARGES INCIDENT TO THEIR TEMPORARY STORAGE AT HOMESTEAD PRIOR TO DELIVERY TO YOU. ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 9, 1964, IS SUSTAINED.

THE FACT THAT YOU MAY NOT HAVE BEEN GIVEN ADVANCE NOTICE OF THE ARRIVAL OF YOUR HOUSEHOLD GOODS AT HOMESTEAD AND THAT THE DRIVER OF THE VAN WAS UNABLE TO LOCATE YOU WHEN HE ATTEMPTED TO DELIVER THEM AFFORDS NO BASIS FOR FAVORABLE CONSIDERATION OF YOUR CLAIM BY THIS OFFICE. WE MAY AUTHORIZE PAYMENT OF CLAIMS FROM PUBLIC FUNDS ONLY IF SUCH PAYMENT IS AUTHORIZED BY APPLICABLE LAW AND REGULATIONS.