B-158158, MAR. 10, 1966

B-158158: Mar 10, 1966

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USNR: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 17. AT WHICH TIME YOUR RANK WAS SHOWN AS THAT OF LIEUTENANT. YOU WERE TO BE DETACHED FROM DUTY IN A FLYING STATUS AND WERE TO PROCEED TO THE APPROPRIATE ACTIVITY FOR TEMPORARY DUTY IN CONNECTION WITH SEPARATION PROCESSING. UPON COMPLETION OF WHICH YOU WERE TO PROCEED TO YOUR HOME OF SELECTION FOR RELEASE FROM ACTIVE DUTY. YOU WERE ADVISED BY ENDORSEMENT ON THE ORDERS THAT FOR CLAIMING TRAVEL ALLOWANCES AND TRANSPORTATION OF HOUSEHOLD EFFECTS YOU MUST SELECT A PERMANENT RESIDENCE AND TRAVEL THERETO WITHIN ONE YEAR FROM THE DATE OF YOUR RELEASE FROM ACTIVE DUTY. IT WAS INDICATED FURTHER THAT YOU WERE DETACHED FROM DUTY AT THE NAVAL AIR STATION.

B-158158, MAR. 10, 1966

TO LIEUTENANT COMMANDER GEORGE CLARE, USNR:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 17, 1965, IN EFFECT REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED JUNE 2, 1965, WHICH DISALLOWED YOUR CLAIM FOR AN ADDITIONAL AMOUNT BELIEVED DUE YOU AS REIMBURSEMENT OF THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS FROM DECEMBER 27, 1963, TO FEBRUARY 5, 1964, INCIDENT TO RELEASE FROM ACTIVE DUTY ORDERS DATED FEBRUARY 12, 1963, AT WHICH TIME YOUR RANK WAS SHOWN AS THAT OF LIEUTENANT, UNITED STATES NAVAL RESERVE.

BUREAU OF NAVAL PERSONNEL ORDER DATED FEBRUARY 12, 1963, PROVIDED THAT WHEN DIRECTED IN TIME TO PERMIT COMPLETION OF SEPARATION PROCESSING PRIOR TO JUNE 30, 1963, YOU WERE TO BE DETACHED FROM DUTY IN A FLYING STATUS AND WERE TO PROCEED TO THE APPROPRIATE ACTIVITY FOR TEMPORARY DUTY IN CONNECTION WITH SEPARATION PROCESSING, UPON COMPLETION OF WHICH YOU WERE TO PROCEED TO YOUR HOME OF SELECTION FOR RELEASE FROM ACTIVE DUTY. YOU WERE ADVISED BY ENDORSEMENT ON THE ORDERS THAT FOR CLAIMING TRAVEL ALLOWANCES AND TRANSPORTATION OF HOUSEHOLD EFFECTS YOU MUST SELECT A PERMANENT RESIDENCE AND TRAVEL THERETO WITHIN ONE YEAR FROM THE DATE OF YOUR RELEASE FROM ACTIVE DUTY. IT WAS INDICATED FURTHER THAT YOU WERE DETACHED FROM DUTY AT THE NAVAL AIR STATION, MIRAMAR, CALIFORNIA, ON JUNE 29, 1963, AND INSTRUCTED TO REGARD YOURSELF RELEASED FROM ACTIVE DUTY ON JULY 8, 1963.

AT THE TIME YOU WERE INVOLUNTARILY RELEASED FROM ACTIVE DUTY, YOU HAD COMPLETED MORE THAN 14 YEARS' CONTINUOUS ACTIVE DUTY AND WERE PAID READJUSTMENT PAY. THEREFORE, UNDER THE PROVISIONS OF PARAGRAPH M4158 AND M8260, JOINT TRAVEL REGULATIONS, YOU WERE ENTITLED TO SELECT A HOME AND RECEIVE TRAVEL ALLOWANCE AND HAVE YOUR HOUSEHOLD EFFECTS SHIPPED TO THE SELECTED HOME, SUCH TRAVEL AND SHIPMENT TO BE COMPLETED WITHIN ONE YEAR FOLLOWING TERMINATION OF ACTIVE DUTY. BY APPLICATIONS DATED JUNE 10, 1963, YOU REQUESTED THAT TWO SHIPMENTS OF HOUSEHOLD EFFECTS BE MADE, ONE OF APPROXIMATELY 250 POUNDS TO PENSACOLA, FLORIDA, THE OTHER OF APPROXIMATELY 9,230 POUNDS, INCLUDING 300 POUNDS OF PROFESSIONAL BOOKS, TO BE SHIPPED TO ARLINGTON, TEXAS, WITH 90 DAYS' STORAGE IN TRANSIT. IT WAS INDICATED THAT THE GOODS, PLACED IN TEMPORARY STORAGE IN SAN DIEGO, WERE PICKED UP FROM STORAGE ON FEBRUARY 6, 1964, AND SHIPPED TO YOUR SELECTED HOME IN ARLINGTON, TEXAS, AT WHICH TIME YOU PAID $110.76, REPRESENTING STORAGE CHARGES FOR THE PERIOD DECEMBER 27, 1963, TO FEBRUARY 5, 1964, SUCH PERIOD IMMEDIATELY FOLLOWING THE 180-DAY PERIOD FOR WHICH TEMPORARY STORAGE AT GOVERNMENT EXPENSE WAS AUTHORIZED.

BY LETTER DATED JUNE 12, 1964, FROM THE UNITED STATES NAVY FINANCE CENTER, WASHINGTON, D.C., YOU WERE ADVISED, WITH REFERENCE TO YOUR EFFECTS IN TEMPORARY STORAGE, THAT PURSUANT TO APPLICABLE REGULATIONS, STORAGE OVER THE 90 DAYS NORMALLY AUTHORIZED IN TRANSIT, MUST BE SUPPORTED BY THE MEMBER'S STATEMENT OF NECESSITY FOR SUCH STORAGE, APPROVED BY THE SHIPPING OFFICER OR OTHER DESIGNATED OFFICER. IT WAS STATED FURTHER THAT IF THE REQUIRED CERTIFICATE WAS NOT RECEIVED WITHIN 90 DAYS, ACTION WOULD BE TAKEN TO EFFECT COLLECTION OF CHARGES FOR STORAGE IN EXCESS OF 90 DAYS. IN YOUR REPLY DATED JULY 15, 1964, ADDRESSED TO THE NAVAL SUPPLY CENTER, SAN DIEGO, YOU STATED THAT YOU HAD REQUESTED ONE YEAR'S STORAGE AT THAT CENTER, BUT WERE ADVISED AT THAT TIME THAT YOU WERE ONLY ENTITLED TO 90 DAYS' STORAGE AND, ACCORDINGLY, YOU APPLIED FOR SUCH STORAGE WITH ULTIMATE SHIPMENT TO ARLINGTON, TEXAS. YOU STATED FURTHER THAT IN AUGUST 1963, YOU SELECTED ARLINGTON, TEXAS, AS A RESIDENCE AND CONTRACTED TO HAVE A HOME BUILT BUT THAT SINCE IT WOULD NOT BE COMPLETED UNTIL FEBRUARY 1964, YOU SENT AN APPROPRIATE FORM TO THE NAVY SUPPLY CENTER REQUESTING AN EXTENSION OF THE STORAGE FOR AN ADDITIONAL 90 DAYS. YOU STATED FURTHER THAT ON FEBRUARY 13, 1964, WHEN THE GOODS WERE DELIVERED TO YOUR HOME IN ARLINGTON, TEXAS, YOU WERE REQUIRED TO PAY $110.76 FOR EXCESS STORAGE. THE LETTER YOU CLAIMED REFUND OF THE PAYMENT YOU MADE ON THE BASIS THAT YOUR REQUEST FOR STORAGE FOR ONE YEAR WAS REFUSED ERRONEOUSLY, DEFERRING SUBMISSION OF THE STATEMENT OF NECESSITY FOR ADDITIONAL TEMPORARY STORAGE REQUESTED UNLESS NOTIFIED TO THE CONTRARY. BY LETTER DATED JULY 28, 1964, FROM THE UNITED STATES NAVAL SUPPLY CENTER, SAN DIEGO, YOU WERE ADVISED THAT UNDER THE CIRCUMSTANCES OF YOUR RELEASE FROM ACTIVE DUTY YOU WERE ENTITLED TO NONTEMPORARY STORAGE NOT TO EXCESS ONE YEAR, AND IT WAS SUGGESTED THAT YOU FILE A CLAIM FOR REIMBURSEMENT OF THE EXCESS STORAGE CHARGES. BY VOUCHER DATED OCTOBER 2, 1964, YOU WERE ALLOWED $55.38 ON YOUR CLAIM FOR REIMBURSEMENT FOR 2 MONTHS' STORAGE CHARGE, COMPUTED ON THE RATES THAT WOULD HAVE BEEN PAID BY THE GOVERNMENT HAD THE GOODS BEEN IN NONTEMPORARY STORAGE DURING THAT PERIOD, PLUS HANDLING OUT CHARGES OF $21.23, OR A TOTAL OF $76.61. HOWEVER, BY LETTER FROM THE NAVY FINANCE CENTER, DATED OCTOBER 2, 1964, YOU WERE ADVISED THAT YOU WERE CHARGED COSTS FOR EXCESS WEIGHT ON THE BASIS OF A NET AUTHORIZED WEIGHT ALLOWANCE OF 8,500 POUNDS FOR THE RANK OF LIEUTENANT ON THE EFFECTIVE DATE OF SEPARATION ORDERS OF FEBRUARY 12, 1963, AND FOR STORAGE IN TRANSIT IN EXCESS OF 90 DAYS, WHICH WAS COMPUTED AS TOTALING $80.58. YOU WERE ADVISED FURTHER TO PAY THE CHARGE BEFORE FILING CLAIM FOR REIMBURSEMENT AS SUGGESTED BY THE NAVAL SUPPLY CENTER LETTER OF JULY 28, 1964.

YOUR LETTER DATED OCTOBER 27, 1964, ADDRESSED TO OUR OFFICE, REQUESTED ASSISTANCE WITH REGARD TO THE SUPPOSED CONFLICT BETWEEN THE PAYMENT MADE OCTOBER 2, 1964, AND THE NAVY FINANCE LETTER DATED THE SAME DAY, AND YOU ALSO STATED THAT IF REQUESTED YOU WOULD FURNISH A STATEMENT OF NECESSITY AS PREVIOUSLY REQUESTED BY THE U.S. NAVY FINANCE CENTER. YOU STATED FURTHER THAT YOU BELIEVE YOU ARE ENTITLED TO REIMBURSEMENT OF THE ENTIRE $110.76 CLAIMED, LESS THE CHARGES FOR THE EXCESS WEIGHTS ASSESSED, AND THAT YOU WERE RETURNING THE CHECK IN THE AMOUNT OF $76.61, TOGETHER WITH A COPY OF YOUR LETTER, TO THE NAVY FINANCE CENTER, WASHINGTON, D.C. A CASH COLLECTION VOUCHER INDICATES THE CHECK WAS APPLIED TO PARTIALLY LIQUIDATE THE INDEBTEDNESS OF $80.58.

BY SETTLEMENT DATED JUNE 2, 1965, YOUR CLAIM WAS DISALLOWED FOR THE REASONS STATED. IN YOUR LETTER DATED OCTOBER 17, 1965, YOU STATED IT WAS YOUR DESIRE TO COMPLETELY SETTLE BOTH THE GOVERNMENT'S CLAIM AND YOURS, AND YOU REQUESTED INFORMATION AS TO THE AMOUNTS DUE THE GOVERNMENT, TOGETHER WITH THE NECESSARY FORMS TO SETTLE YOUR CLAIM AGAINST THE GOVERNMENT. YOU INDICATED FURTHER THAT YOU WERE PROMOTED TO THE RANK OF LIEUTENANT COMMANDER WITH DATE OF RANK ON SEPTEMBER 1, 1963, AND SUGGESTED THAT DURING SOME OF THE STORAGE PERIOD AND DURING THE SHIPMENT OF YOUR EFFECTS YOUR WEIGHT ALLOWANCE THEREFORE SHOULD BE INCREASED.

SECTION 406/G) (2) OF TITLE 37, U.S.C. PROVIDES THAT UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER WHO, IMMEDIATELY FOLLOWING AT LEAST 8 YEARS OF CONTINUOUS ACTIVE DUTY WITH NO SINGLE BREAK THEREIN OF MORE THAN 90 DAYS, IS INVOLUNTARILY RELEASED FROM ACTIVE DUTY WITH READJUSTMENT PAY, IS ENTITLED TO TRANSPORTATION OF HIS HOUSEHOLD EFFECTS TO THE HOME SELECTED BY THE MEMBER UNDER SECTION 404/C) OF THAT TITLE. PARAGRAPH M8260, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THAT AUTHORITY, PROVIDES THAT A MEMBER WHO QUALIFIES UNDER THAT STATUTORY PROVISION IS ENTITLED TO THE SHIPMENT OF HIS HOUSEHOLD GOODS (WITHIN THE AUTHORIZED WEIGHT ALLOWANCE OF HIS GRADE OR RANK) FROM HIS LAST OR ANY PREVIOUS DUTY STATION, OR DESIGNATED PLACE IN THE UNITED STATES, OR FROM STORAGE, TO HIS HOME OF SELECTION. PARAGRAPH M8260-3 OF THE REGULATIONS PROVIDES THAT HE IS ALSO ENTITLED TO THE NONTEMPORARY STORAGE OF ALL OR ANY PART OF HIS HOUSEHOLD GOODS FOR A PERIOD NOT TO EXCEED ONE YEAR FROM THE DATE OF TERMINATION OF ACTIVE DUTY. IT PROVIDES THAT TEMPORARY STORAGE IN CONJUNCTION WITH THE SHIPMENT OF HOUSEHOLD EFFECTS FROM NONTEMPORARY STORAGE IS NOT AUTHORIZED EXCEPT UNDER CONDITIONS WHICH ARE NOT PERTINENT HERE. IT PROVIDES FURTHER THAT GOODS WHICH ARE NOT PLACED IN NONTEMPORARY STORAGE MAY BE PLACED IN TEMPORARY STORAGE IN CONJUNCTION WITH THE SHIPMENT OF SUCH GOODS TO THE PLACE SELECTED BY THE MEMBER. PARAGRAPH M8100-2-A OF THE REGULATIONS PROVIDES ENTITLEMENT TO A MEMBER TO TEMPORARY STORAGE AT GOVERNMENT EXPENSE FOR A PERIOD OF 90 DAYS IN CONNECTION WITH ANY AUTHORIZED SHIPMENT OF HOUSEHOLD GOODS. SUBPARAGRAPH B PROVIDES THAT WHEN BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE MEMBER SUCH GOODS 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. REQUESTS FOR AUTHORIZATION OR APPROVAL OF SUCH ADDITIONAL STORAGE, IT IS STATED, WILL BE ACCOMPANIED BY A STATEMENT FROM THE MEMBER SETTING FORTH ALL FACTS IN THE CASE.

ALTHOUGH YOU STATED YOU HAD REQUESTED ONE YEAR'S STORAGE AT THE TIME YOU WERE RELEASED FROM ACTIVE DUTY, IT HAS BEEN ADMINISTRATIVELY REPORTED THAT THERE IS NO RECORD THAT YOU HAD REQUESTED OR HAD BEEN DENIED NONTEMPORARY STORAGE. FURTHERMORE, THE RECORD SHOWS THAT YOU SIGNED AN APPLICATION JUNE 10, 1963, FOR 90 DAYS' STORAGE IN TRANSIT AT ORIGIN AND WERE THEREFORE ENTITLED TO 90 DAYS, PLUS AN ADDITIONAL 90 DAYS' STORAGE IN TRANSIT UPON FURNISHING A STATEMENT OF NECESSITY FOR THE ADDITIONAL STORAGE APPROVED BY THE SHIPPING OFFICER OR OTHER APPROPRIATE OFFICER AT THE NAVAL SUPPLY CENTER, SAN DIEGO. HOWEVER, SINCE YOU WERE ALSO ENTITLED TO NONTEMPORARY STORAGE OF YOUR EFFECTS, SUCH ENTITLEMENT WAS USED AS A BASIS FOR REIMBURSEMENT OF THE STORAGE CHARGE YOU PAID IN EXCESS OF THE 180 DAYS' TEMPORARY STORAGE, AND YOU WERE PROPERLY PAID FOR SUCH STORAGE ON THE BASIS OF WHAT IT WOULD HAVE COST THE GOVERNMENT HAD YOUR EFFECTS BEEN PLACED IN NONTEMPORARY STORAGE. ACCORDINGLY, THE SETTLEMENT OF JUNE 2, 1965, WAS CORRECT AND IS SUSTAINED.

IN LETTER DATED JANUARY 19, 1966, TO THIS OFFICE FROM THE U.S. NAVY FINANCE CENTER CONCERNING THEIR ADVICE TO YOU BY LETTER DATED OCTOBER 2, 1964, AS TO THE EXCESS COSTS INVOLVED IN THE SHIPMENT OF YOUR EFFECTS IT WAS STATED:

"A RECOMPUTATION OF EXCESS COSTS, SHOWS AN ERROR IN NFC, WASHINGTON, D.C., LETTER FILE FF110 (WEH:FS) DATED 2 OCTOBER 1964. IN THE LAST LINE OF THE ITEMIZATION, THE CORRECT AMOUNT SHOULD BE $163.59 FOR 3 MONTHS STORAGE IN LIEU OF $54.53 FOR 1 MONTH STORAGE.

TABLE

"THE CORRECT TOTAL OF EXCESS

COSTS SHOULD BE ................................$189.64

LESS CREDIT FOR 3 MOS AT

.30 CWT PM ..................................... 81.78

$107.86

LESS CREDIT FOR THE CHECK

RETURNED ....................................... 76.61

BALANCE OUTSTANDING ............................$ 31.25

"THREE MONTHS STORAGE WAS DISALLOWED SINCE THE MEMBER DID NOT SATISFY THE REGULATIONS CONCERNING THE JUSTIFICATION FOR THE ADDITIONAL 90 DAYS STORAGE.'

UNDER THE ADJUSTMENT THUS MADE, YOU ARE IN EFFECT GIVEN CREDIT FOR STORAGE COSTS FOR THE SECOND 90-DAY PERIOD OF TEMPORARY STORAGE AT NONTEMPORARY STORAGE RATES IN THE ABSENCE OF THE ADMINISTRATIVE AUTHORIZATION OR APPROVAL REQUIRED BY PARAGRAPH M8100-2-B OF THE JOINT TRAVEL REGULATIONS. ON THAT BASIS YOU ARE INDEBTED TO THE UNITED STATES IN THE SUM OF $31.25 ABOVE THE $76.61 CREDIT FOR THE CHECK RETURNED BY YOU. HOWEVER, UPON RECEIPT BY THIS OFFICE OF A STATEMENT OF NECESSITY FOR THE SECOND 90-DAY PERIOD OF TEMPORARY STORAGE FOR YOUR EFFECTS, APPROVED BY PROPER AUTHORITY UNDER THE REQUIREMENTS OF PARAGRAPH M8100-2-B, FURTHER CONSIDERATION OF THE MATTER WILL BE GIVEN WITH THE VIEW TO ADJUSTING YOUR ACCOUNT BY ALLOWING YOU CREDIT FOR TEMPORARY STORAGE COSTS ON THAT BASIS.

WITH RESPECT TO YOUR CONTENTION THAT YOU WERE ENTITLED TO A GREATER WEIGHT ALLOWANCE SUBSEQUENT TO YOUR PROMOTION TO LIEUTENANT COMMANDER, SEPTEMBER 1, 1963, YOU ARE ADVISED THAT A FOOTNOTE TO PARAGRAPH M8003, JOINT TRAVEL REGULATIONS, PROVIDES THAT THE WEIGHT ALLOWANCE OF A MEMBER WILL BE BASED ON THE GRADE OR RATING HELD BY HIM ON THE DATE HIS ORDERS AUTHORIZING SHIPMENT OF EFFECTS BECOME EFFECTIVE, WHICH IN YOUR CASE WAS PRIOR TO SEPTEMBER 1, 1963, AT WHICH TIME YOUR RANK WAS THAT OF LIEUTENANT.