B-155471, JAN. 19, 1965

B-155471: Jan 19, 1965

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USN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 15. THE RECORD SHOWS THAT YOU WERE SERVING ON BOARD THE U.S.S. SCAMP WHEN ITS HOME PORT WAS CHANGED. INCIDENT TO SUCH CHANGE OF HOME PORT YOUR HOUSEHOLD GOODS WERE SHIPPED BY GOVERNMENT BILL OF LADING A 1418090 DATED OCTOBER 23. WITH THE EXCEPTION OF 3 ITEMS WEIGHING 620 POUNDS WHICH WERE PLACED IN TEMPORARY STORAGE IN SAN DIEGO ON NOVEMBER 2. THERE IS NOTHING IN THE RECORD TO SHOW THAT YOU PERSONALLY PAID THE STORAGE COMPANY FOR THE STORAGE CHARGES WHICH ACCRUED PRIOR TO APRIL 30. IS APPARENTLY THE AMOUNT YOU PAID FOR STORAGE FOR THE MONTHS OF MAY AND PART OF JUNE 1962. A MEMBER IS ENTITLED TO TRANSPORTATION (INCLUDING PACKING.

B-155471, JAN. 19, 1965

TO MICHAEL JAMES O-CONNOR, YNC/SS), USN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 15, 1964, REQUESTING RECONSIDERATION OF THE SETTLEMENT DATED SEPTEMBER 29, 1964, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $18, COLLECTED FROM YOU INCIDENT TO STORAGE OF 620 POUNDS OF HOUSEHOLD GOODS AT THE CORONADO WAREHOUSE AND SUPPLY, INC., SAN DIEGO, CALIFORNIA. IT APPEARS TO BE YOUR VIEW THAT YOU PAID THE STORAGE COMPANY FOR THE STORAGE INVOLVED AND THAT THE CHECK AGE OF $18 IN YOUR ACCOUNT HAS RESULTED IN YOUR BEING CHARGED TWICE FOR SUCH STORAGE.

THE RECORD SHOWS THAT YOU WERE SERVING ON BOARD THE U.S.S. SCAMP WHEN ITS HOME PORT WAS CHANGED, EFFECTIVE JULY 1, 1961, FROM MARE ISLAND, CALIFORNIA, TO SAN DIEGO, CALIFORNIA. INCIDENT TO SUCH CHANGE OF HOME PORT YOUR HOUSEHOLD GOODS WERE SHIPPED BY GOVERNMENT BILL OF LADING A 1418090 DATED OCTOBER 23, 1961, FROM VALLEJO, CALIFORNIA, TO YOUR RESIDENCE AT SAN DIEGO, CALIFORNIA, WITH THE EXCEPTION OF 3 ITEMS WEIGHING 620 POUNDS WHICH WERE PLACED IN TEMPORARY STORAGE IN SAN DIEGO ON NOVEMBER 2, 1961, AT GOVERNMENT EXPENSE. YOU SAY THAT IN DECEMBER 1961 YOUR FAMILY HAD TO TRAVEL TO THE EAST COAST AND YOU PLACED IN STORAGE AT YOUR EXPENSE THE HOUSEHOLD GOODS THAT HAD BEEN DELIVERED TO YOUR RESIDENCE AT SAN DIEGO, IT BEING YOUR UNDERSTANDING THAT THE 3 ITEMS ALREADY IN STORAGE WOULD BE COMBINED WITH THE OTHER GOODS TO MAKE ONE LOT. YOU ALSO SAY THAT YOU LATER DISCOVERED THE COMPANY DID NOT COMBINE THE TWO LOTS WHEN IT STARTED BILLING YOU FOR STORAGE OF THE 3 ITEMS AFTER APRIL 1962.

THE NAVY FINANCE CENTER ISSUED A PAY ADJUSTMENT AUTHORIZATION ON DECEMBER 16, 1963, ALLOWING YOU $18 FOR 90 DAYS' STORAGE ON THE 3 ITEMS PLACED IN STORAGE ON NOVEMBER 2, 1961, AND CHARGING YOU $18 FOR ANOTHER 90 DAYS' STORAGE SINCE THE GOVERNMENT PAID $36 AS STORAGE ON THEM UNTIL APRIL 30, 1962. THERE IS NOTHING IN THE RECORD TO SHOW THAT YOU PERSONALLY PAID THE STORAGE COMPANY FOR THE STORAGE CHARGES WHICH ACCRUED PRIOR TO APRIL 30, 1962, ON THESE 3 ITEMS. A RECEIPTED BILL IN FILE FROM THE STORAGE COMPANY SHOWS THAT YOU PAID $197.25 FOR THE STORAGE AND OTHER SERVICES PERFORMED ON YOUR HOUSEHOLD GOODS THAT YOU PLACED IN STORAGE IN DECEMBER 1961, AND COPIES OF YOUR AND YOUR WIFE'S PERSONAL CHECKS IN THE FILE SHOW THAT YOU PAID THE STORAGE COMPANY $209.25. THE DIFFERENCE BETWEEN $209.25 AND $197.25, OR $12, IS APPARENTLY THE AMOUNT YOU PAID FOR STORAGE FOR THE MONTHS OF MAY AND PART OF JUNE 1962, FOR THE 3 ITEMS PLACED IN STORAGE ON NOVEMBER 2, 1961.

SECTION 406 OF TITLE 37, U.S.C. PROVIDES THAT IN CONNECTION WITH A TEMPORARY OR PERMANENT CHANGE OF STATION, A MEMBER IS ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR, SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH 8100-2A OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY, PROVIDES THAT A MEMBER WILL BE ENTITLED TO TEMPORARY STORAGE AT GOVERNMENT EXPENSE FOR A PERIOD OF 90 DAYS IN CONNECTION WITH ANY AUTHORIZED SHIPMENT OF HOUSEHOLD GOODS, AND THAT IN ANY CASE WHEN HOUSEHOLD GOODS ARE NOT REMOVED FROM STORAGE BEFORE EXPIRATION OF THE INITIAL 90-DAY PERIOD, ALL STORAGE CHARGES ACCRUING AFTER EXPIRATION OF THE INITIAL 90-DAY PERIOD WILL BE BORNE BY THE MEMBER UNLESS ADDITIONAL STORAGE IS AUTHORIZED UNDER THIS PARAGRAPH. PARAGRAPH 8100 2B OF THE REGULATIONS PROVIDES THAT WHEN, BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE MEMBER, HOUSEHOLD GOODS IN TEMPORARY STORAGE AT GOVERNMENT EXPENSE CANNOT BE WITHDRAWN DURING THE FIRST 90 DAYS, ADDITIONAL STORAGE FOR NOT MORE THAN AN ADDITIONAL 90 DAYS MAY BE AUTHORIZED IN ADVANCE OR SUBSEQUENTLY APPROVED BY THE TRANSPORTATION OFFICER OR SUCH OTHER OFFICER AS THE SERVICE CONCERNED MAY DESIGNATE. IT IS ALSO PROVIDED IN THAT PARAGRAPH THAT REQUESTS FOR AUTHORIZATION OR APPROVAL OF SUCH ADDITIONAL STORAGE WILL BE ACCOMPANIED BY A STATEMENT FROM THE MEMBER SETTING FORTH ALL THE FACTS IN THE CASE. AMONG THE REASONS LISTED FOR WHICH ADDITIONAL STORAGE MAY BE AUTHORIZED OR APPROVED UNDER THE PARAGRAPH ARE SERIOUS ILLNESS OF THE MEMBER OR HIS DEPENDENTS, IMPENDING ASSIGNMENT TO GOVERNMENT QUARTERS, NONAVAILABILITY OF SUITABLE CIVILIAN HOUSING AND ACTS OF GOD.

IT IS NOTED THAT THE BILL OF LADING UNDER WHICH YOUR HOUSEHOLD GOODS WERE MOVED FROM VALLEJO TO SAN DIEGO CONTAINS A NOTATION THAT STORAGE IN TRANSIT NOT TO EXCEED 180 DAYS IS AUTHORIZED. THERE IS NOTHING IN THE RECORD, HOWEVER, TO INDICATE THAT TEMPORARY STORAGE IN EXCESS OF 90 DAYS WAS AUTHORIZED ON THE BASIS OF A SHOWING THAT SUCH ADDITIONAL STORAGE WAS NECESSARY DUE TO CIRCUMSTANCES BEYOND YOUR CONTROL AS CONTEMPLATED BY THE REGULATIONS. IN THE ABSENCE OF SUCH AN AUTHORIZATION, BASED ON A SHOWING OF NECESSITY, THE CHECK AGE IN YOUR ACCOUNT FOR THE COST OF STORAGE IN EXCESS OF 90 DAYS WAS PROPER.

THE FILE RELATIVE TO YOUR CLAIM CONTAINS AN UNDATED STATEMENT IN WHICH YOU REQUEST THAT YOU "BE GRANTED 90 DAYS ADDITIONAL STORAGE ON MY HOUSEHOLD EFFECTS (BECAUSE) OF IMPENDING ASSIGNMENT TO GOVERNMENT QUARTERS AND NONAVAILABILITY OF SUITABLE CIVILIAN HOUSING.' SINCE IT APPEARS THAT YOUR HOUSEHOLD GOODS, EXCEPT THE 3 ITEMS PLACED IN TEMPORARY STORAGE, WERE DELIVERED TO YOUR RESIDENCE IN SAN DIEGO WHEN YOU ARRIVED THERE, IT IS APPARENT THAT HOUSING WAS AVAILABLE AT THE HOME PORT OF YOUR VESSEL. ABOUT 1 MONTH AFTER YOUR GOODS WERE MOVED TO SAN DIEGO YOU HAD THEM MOVED FROM YOUR RESIDENCE AND PLACED IN STORAGE AT YOUR EXPENSE--- EXPECTING THAT THEY WOULD BE COMBINED WITH THE 3 ITEMS PLACED IN TEMPORARY STORAGE AT GOVERNMENT EXPENSE--- FOR THE REASON THAT YOUR FAMILY WAS TRAVELING TO THE EAST COAST. YOU INDICATE THAT THE GOODS WERE REMOVED FROM STORAGE AND PLACED IN GOVERNMENT QUARTERS IN JUNE 1962 WHEN YOUR FAMILY RETURNED TO SAN DIEGO, LONG AFTER EXPIRATION OF THE 180-DAY PERIOD FOR WHICH TEMPORARY STORAGE COULD BE AUTHORIZED. IN THESE CIRCUMSTANCES IT MAY NOT BE CONCLUDED THAT YOUR GOODS WERE NOT IN STORAGE FOR PERSONAL REASONS DURING THE PERIOD FOR WHICH YOU REQUESTED ADDITIONAL TEMPORARY STORAGE AT GOVERNMENT EXPENSE AND THERE IS NOTHING IN OUR RECORDS TO SHOW THAT THE REQUEST WAS OR HAS BEEN ADMINISTRATIVELY APPROVED.

ACCORDINGLY, ON THE PRESENT RECORD THE SETTLEMENT OF SEPTEMBER 29, 1964, DISALLOWING YOUR CLAIM MUST BE AND IS SUSTAINED.