B-157342, SEP. 14, 1965

B-157342: Sep 14, 1965

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USN: FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER REQUESTING RECONSIDERATION OF SETTLEMENT DATED JULY 8. BY THOSE ORDERS YOU WERE TRANSFERRED FROM THE U.S. 1964 YOU WERE TRANSFERRED FROM THE U.S.S. YOU CONTEND THAT WHEN YOU WERE TRANSFERRED FROM THE U.S. ALLEGHENY (ATA-179) YOU WANTED YOUR HOUSEHOLD GOODS PUT IN PERMANENT STORAGE BUT THAT YOU WERE OFFICIALLY ADVISED YOU WERE ENTITLED ONLY TO TEMPORARY STORAGE. AN EXAMINATION OF THE VOUCHERS ON WHICH STORAGE CHARGES WERE PAID FOR YOUR HOUSEHOLD GOODS SHOWS THAT ON APRIL 21. YOU WERE PAID $54.68 ON THE BASIS THAT YOU WERE ENTITLED TO NONTEMPORARY STORAGE OF HOUSEHOLD GOODS FOR THE PERIOD AUGUST 21. THIS PAYMENT WAS COMPUTED AT THE RATE OF 26 CENTS PER CWT.

B-157342, SEP. 14, 1965

TO JAMES E. BRADLEY, ETN-2, USN:

FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER REQUESTING RECONSIDERATION OF SETTLEMENT DATED JULY 8, 1965, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT FOR STORAGE OF YOUR HOUSEHOLD GOODS INCIDENT TO TRANSFER ORDER NO. S-1031-62 DATED JULY 24, 1962.

BY THOSE ORDERS YOU WERE TRANSFERRED FROM THE U.S. NAVAL STATION, WASHINGTON, D.C., TO THE U.S.S. ALLEGHENY (ATA-179), BROOKLYN, NEW YORK, TO REPORT NOT LATER THAN NOVEMBER 4, 1962, FOR DUTY AFLOAT. BY TRANSFER ORDER NO. 1-64 DATED JANUARY 2, 1964 YOU WERE TRANSFERRED FROM THE U.S.S. ALLEGHENY (ATA-179) TO THE "A" ET SCHOOL, GREAT LAKES, ILLINOIS, TO REPORT NOT LATER THAN FEBRUARY 13, 1964, FOR DUTY UNDER INSTRUCTION. YOU CONTEND THAT WHEN YOU WERE TRANSFERRED FROM THE U.S. NAVAL STATION, WASHINGTON, D.C., TO THE U.S.S. ALLEGHENY (ATA-179) YOU WANTED YOUR HOUSEHOLD GOODS PUT IN PERMANENT STORAGE BUT THAT YOU WERE OFFICIALLY ADVISED YOU WERE ENTITLED ONLY TO TEMPORARY STORAGE. AN EXAMINATION OF THE VOUCHERS ON WHICH STORAGE CHARGES WERE PAID FOR YOUR HOUSEHOLD GOODS SHOWS THAT ON APRIL 21, 1964, THE GOVERNMENT PAID $123.12 (3420 POUNDS TIMES 60 CENTS CWT. TIMES 6 MONTHS) FOR TEMPORARY STORAGE IN TRANSIT FOR THE PERIOD AUGUST 21, 1962, TO FEBRUARY 20, 1963. ON AUGUST 25, 1964, YOU WERE PAID $54.68 ON THE BASIS THAT YOU WERE ENTITLED TO NONTEMPORARY STORAGE OF HOUSEHOLD GOODS FOR THE PERIOD AUGUST 21, 1962, TO FEBRUARY 25, 1964, LESS THE AMOUNT PAID FOR STORAGE IN TRANSIT OF YOUR HOUSEHOLD GOODS. THIS PAYMENT WAS COMPUTED AT THE RATE OF 26 CENTS PER CWT. PER MONTH PROVIDED IN A CONTRACT THE GOVERNMENT HAS WITH THE STORAGE COMPANY FOR THE NONTEMPORARY STORAGE OF HOUSEHOLD GOODS. WHILE SUCH PERIOD APPARENTLY SHOULD HAVE INVOLVED STORAGE CHARGES FOR BUT 19 MONTHS YOU APPEAR TO HAVE BEEN CREDITED ON THE BASIS ON ENTITLEMENT FOR 20 MONTHS. (3420 POUNDS TIMES 26 CENTS CWT. TIMES 20 MONTHS MINUS $123.12 EQUALS $54.68.)

SECTION 406 OF TITLE 37, U.S.C. PROVIDES FOR THE TRANSPORTATION AND STORAGE OF HOUSEHOLD GOODS OF MEMBERS OF THE UNIFORMED SERVICES UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. IT IS ALSO PROVIDED IN THIS SECTION THAT NONTEMPORARY STORAGE OF HOUSEHOLD GOODS MAY BE AUTHORIZED IN FACILITIES OF THE UNITED STATES OR IN COMMERCIAL FACILITIES WHEN IT IS CONSIDERED TO BE MORE ECONOMICAL TO THE UNITED STATES. PARAGRAPH M8101-1 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY, 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. PARAGRAPH M8101-6 (SITUATION 7) OF THE REGULATIONS PROVIDES FOR THE NONTEMPORARY STORAGE OF HOUSEHOLD GOODS WHEN A MEMBER IS ASSIGNED TO DUTY UNDER ANY OF THE CONDITIONS LISTED IN PARAGRAPH M8253-2A OF THE REGULATIONS. THIS LATTER PARAGRAPH PROVIDES THAT WHEN A MEMBER IS ORDERED TO SEA DUTY, SHIPMENT OF HOUSEHOLD GOODS IS AUTHORIZED FROM THE LAST PERMANENT DUTY STATION TO SUCH LOCATION WITHIN THE UNITED STATES AS MAY BE DESIGNATED BY THE MEMBER CONCERNED, OR HIS HOUSEHOLD GOODS MAY BE PLACED IN STORAGE UNDER THE PROVISIONS OF PARAGRAPH 8101. THUS, YOU WERE ENTITLED TO NONTEMPORARY STORAGE OF YOUR HOUSEHOLD GOODS IN EITHER GOVERNMENT OR COMMERCIAL FACILITIES, WHICHEVER WAS AUTHORIZED, WHEN YOU WERE TRANSFERRED FROM THE U.S. NAVAL STATION, WASHINGTON, D.C., TO THE U.S.S. ALLEGHENY (ATA-179).

WHILE IT APPEARS THAT YOUR HOUSEHOLD GOODS WERE IMPROPERLY PLACED IN TEMPORARY STORAGE AT A HIGHER COST THAN HAD THEY BEEN PLACED IN NONTEMPORARY STORAGE, TEMPORARY STORAGE BEING AVAILABLE UNDER THE REGULATIONS ONLY IN CONNECTION WITH A SHIPMENT OF GOODS AND LIMITED TO A TOTAL OF 120 DAYS, THE LIABILITY OF THE GOVERNMENT IS LIMITED TO THAT PROVIDED IN THE REGULATIONS FOR NONTEMPORARY STORAGE DURING THE PERIOD INVOLVED. IT IS ADMINISTRATIVELY REPORTED THAT THERE COULD HAVE BEEN A MISUNDERSTANDING BY YOU DURING THE INTERVIEW CONCERNING YOUR ENTITLEMENT TO STORAGE OF HOUSEHOLD GOODS. IN ANY EVENT, IT IS WELL ESTABLISHED THAT IN THE ABSENCE OF SPECIFIC STATUTORY PROVISIONS THE UNITED STATES IS NOT LIABLE FOR THE NEGLIGENT ACTS OR OMISSIONS OF DUTY OF THE OFFICERS OR AGENTS EMPLOYED IN THE PUBLIC SERVICE. SEE ROBERTSON V. SICHEL, 127 U.S. 507, 515, SINCE THE AMOUNT EXPENDED BY THE GOVERNMENT FOR THE STORAGE OF YOUR HOUSEHOLD GOODS, PLUS THE $54.68 PAID TO YOU, EQUALS THE MAXIMUM AMOUNT WHICH IT COULD HAVE COST HAD YOUR HOUSEHOLD GOODS BEEN PLACED IN NONTEMPORARY STORAGE, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM WAS CORRECT AND IS SUSTAINED.