B-164504, SEPT. 13, 1968

B-164504: Sep 13, 1968

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HICKS: REFERENCE IS MADE TO YOUR LETTERS DATED MAY 22 AND JUNE 3. YOU WERE RELIEVED FROM DUTY AT LANGLEY AIR FORCE BASE. AFTER THE SHIPMENT WAS ACCOMPLISHED ON A GOVERNMENT BILL OF LADING AND THE GOODS PLACED IN STORAGE IN TRANSIT AT DESTINATION FOR NOT TO EXCEED 90 DAYS. SINCE THE DATE OF YOUR EXPECTED RETURN FROM OVERSEAS WAS OCTOBER 11. YOU WERE INFORMED BY THAT OFFICER ON JANUARY 16. THAT THE MAXIMUM PERIOD FOR WHICH THE GOVERNMENT COULD PAY FOR STORAGE OF YOUR GOODS WAS 180 DAYS AND THAT INASMUCH AS THE GOODS ARRIVED ON OCTOBER 17. THE CARRIER WAS AUTHORIZED TO BILL THE GOVERNMENT FOR STORAGE TO APRIL 17. THIS REQUEST WAS DENIED. THE CLAIM WAS DISALLOWED FOR THE REASONS THAT THE REGULATIONS DO NOT PERMIT A MEMBER WHOSE HOUSEHOLD GOODS HAVE BEEN SHIPPED TO A DESIGNATED PLACE TO CHANGE HIS ELECTION TO HAVE THEM PLACED IN NONTEMPORARY STORAGE AND THAT YOUR HOUSEHOLD GOODS WERE STORED AT GOVERNMENT EXPENSE FOR THE MAXIMUM ALLOWABLE PERIOD.

B-164504, SEPT. 13, 1968

TO STAFF SERGEANT JOHN A. HICKS:

REFERENCE IS MADE TO YOUR LETTERS DATED MAY 22 AND JUNE 3, 1968, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF THE AMOUNT OF $119.28, REPRESENTING EXCESS CHARGES PAID BY YOU INCIDENT TO THE TEMPORARY STORAGE OF YOUR HOUSEHOLD GOODS.

OUR FILE SHOWS THAT BY ORDERS DATED SEPTEMBER 13, 1966, YOU WERE RELIEVED FROM DUTY AT LANGLEY AIR FORCE BASE, VIRGINIA, AND ASSIGNED TO A DUTY STATION IN A RESTRICTED OVERSEA AREA. PURSUANT TO THOSE ORDERS AND PRIOR TO YOUR DEPARTURE FROM LANGLEY AIR FORCE BASE YOU EXECUTED ON SEPTEMBER 15, 1966, AN "APPLICATION FOR SHIPMENT OF HOUSEHOLD GOODS" IN WHICH YOU REQUESTED THAT YOUR HOUSEHOLD GOODS, WEIGHING APPROXIMATELY 5,000 POUNDS, BE PICKED UP ON SEPTEMBER 22, 1966, FROM 1303 SAXTON DRIVE, HAMPTON, VIRGINIA, AND SHIPPED TO LOS ANGELES. YOU REQUESTED TEMPORARY STORAGE AT DESTINATION WITH AN EXTRA DELIVERY TO 155 WEST 104TH STREET, LOS ANGELES, CALIFORNIA, THE LEAVE ADDRESS SHOWN IN YOUR ORDERS.

AFTER THE SHIPMENT WAS ACCOMPLISHED ON A GOVERNMENT BILL OF LADING AND THE GOODS PLACED IN STORAGE IN TRANSIT AT DESTINATION FOR NOT TO EXCEED 90 DAYS, YOU SUBMITTED TO THE TRANSPORTATION OFFICER, FORT MACARTHUR, CALIFORNIA, A "STATEMENT - TEMPORARY STORAGE CERTIFICATE" IN WHICH YOU SAID THAT YOU HAD YOUR HOUSEHOLD GOODS MOVED TO CALIFORNIA IN EXPECTATION OF LEASING A HOUSE AT A REASONABLE RENTAL RATE AND THAT WHEN YOU FOUND THAT YOU COULD NOT OBTAIN ONE WITHIN THE RANGE OF YOUR INCOME YOUR WIFE AND CHILDREN MOVED INTO A HOUSE OCCUPIED BY YOUR "IN-LAWS.' ACCORDINGLY, AND SINCE THE DATE OF YOUR EXPECTED RETURN FROM OVERSEAS WAS OCTOBER 11, 1967, YOU REQUESTED THAT YOUR HOUSEHOLD GOODS REMAIN IN TEMPORARY STORAGE AT GOVERNMENT EXPENSE FOR THE DURATION OF YOUR TOUR OF DUTY OVERSEAS.

IN RESPONSE, YOU WERE INFORMED BY THAT OFFICER ON JANUARY 16, 1967, THAT THE MAXIMUM PERIOD FOR WHICH THE GOVERNMENT COULD PAY FOR STORAGE OF YOUR GOODS WAS 180 DAYS AND THAT INASMUCH AS THE GOODS ARRIVED ON OCTOBER 17, 1966, THE CARRIER WAS AUTHORIZED TO BILL THE GOVERNMENT FOR STORAGE TO APRIL 17, 1967, THE CHARGES THEREAFTER TO BE BORNE BY YOU. BY A LETTER OF JANUARY 23, 1967, YOU REQUESTED AN APPROVAL FOR AN ADDITIONAL 90 DAYS' STORAGE, COVERING THE PERIOD APRIL 17 TO JULY 17, 1967; HOWEVER, THIS REQUEST WAS DENIED.

OUR FILE FURTHER SHOWS THAT YOUR HOUSEHOLD GOODS REMAINED IN STORAGE UNTIL AUGUST 14, 1967, AND THAT YOU PAID THE CHARGES AGGREGATING $119.28 COVERING THE PERIOD APRIL 17 TO AUGUST 14, 1967 (4 MONTHS $29,82 PER MONTH). ON FEBRUARY 2, 1968, YOU PRESENTED A CLAIM THROUGH YOUR LOCAL FINANCE OFFICE FOR REIMBURSEMENT OF THOSE CHARGES. IN A STATEMENT DATED DECEMBER 1, 1967, IN SUPPORT OF THE CLAIM YOU SAID THAT AT THE TIME YOU RECEIVED YOUR ORDERS OF SEPTEMBER 13, 1966, PERSONNEL IN THE TRANSPORTATION OFFICE WHO COUNSELED YOU IN CONNECTION WITH YOUR HOUSEHOLD GOODS INFORMED YOU THAT IF YOU COULD NOT LOCATE LIVING QUARTERS FOR YOUR FAMILY IN CALIFORNIA SUCH HOUSEHOLD GOODS WOULD BE PLACED IN NONTEMPORARY STORAGE FOR 90 DAYS AND FOR AN ADDITIONAL 90 DAYS IF REQUESTED.

THE AIR FORCE ACCOUNTING AND FINANCE CENTER, DENVER, COLORADO, FORWARDED YOUR CLAIM TO OUR CLAIMS DIVISION FOR SETTLEMENT. BY SETTLEMENT DATED MAY 10, 1968, THE CLAIM WAS DISALLOWED FOR THE REASONS THAT THE REGULATIONS DO NOT PERMIT A MEMBER WHOSE HOUSEHOLD GOODS HAVE BEEN SHIPPED TO A DESIGNATED PLACE TO CHANGE HIS ELECTION TO HAVE THEM PLACED IN NONTEMPORARY STORAGE AND THAT YOUR HOUSEHOLD GOODS WERE STORED AT GOVERNMENT EXPENSE FOR THE MAXIMUM ALLOWABLE PERIOD.

THE PACKING, CRATING, SHIPPING AND STORAGE OF HOUSEHOLD GOODS OF MEMBERS OF THE UNIFORMED SERVICES ARE GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 406. THOSE STATUTORY PROVISIONS AUTHORIZE EITHER SHIPMENT OF HOUSEHOLD EFFECTS TO A PLACE REQUESTED BY THE MEMBER, OR THE NONTEMPORARY STORAGE OF SUCH EFFECTS. COMBINATIONS OF SHIPMENT AND NONTEMPORARY STORAGE ARE NOT AUTHORIZED.

PARAGRAPH M8253-2B OF THE JOINT TRAVEL REGULATIONS (CHANGE 156, EFFECTIVE SEPTEMBER 23, 1965) PROVIDES IN PART THAT WHEN A MEMBER IS ORDERED TO DUTY OVERSEAS AND DEPENDENTS ARE NOT AUTHORIZED TO ACCOMPANY HIM OR SHIPMENT OF HIS HOUSEHOLD GOODS TO HIS OVERSEAS STATION IS PROHIBITED, THEN SHIPMENT OF SUCH HOUSEHOLD GOODS IS AUTHORIZED TO-- "1. NONTEMPORARY STORAGE UNDER PAR. M8101 AND SUBSEQUENTLY FROM SUCH NONTEMPORARY STORAGE TO THE MEMBER'S CURRENT DUTY STATION; "2. ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE UNDER THE PROVISIONS OF PAR. M7005-2, ITEM 1, AND SUBSEQUENTLY, FROM SUCH DESIGNATED PLACE TO THE MEMBER'S CURRENT DUTY STATION.'

PARAGRAPH M8101-1 OF THE REGULATIONS PROVIDES THAT NONTEMPORARY STORAGE IS ALL STORAGE AUTHORIZED IN CHAPTER 8 OTHER THAN THAT AUTHORIZED IN PARAGRAPH M8100 AND THAT IT MAY BE AUTHORIZED IN EITHER GOVERNMENT OR COMMERCIAL FACILITIES, WHICHEVER IS DETERMINED TO BE MORE ECONOMICAL TO THE GOVERNMENT. PARAGRAPH M8101-2 PROVIDES THAT NONTEMPORARY STORAGE WILL BE IN THE NEAREST APPROVED COMMERCIAL FACILITY TO THE PLACE WHERE THE HOUSEHOLD GOODS ARE LOCATED OR IN THE NEAREST AVAILABLE GOVERNMENT STORAGE FACILITY, WHICHEVER IS MORE ECONOMICAL TO THE GOVERNMENT AS DETERMINED BY THE TRANSPORTATION OFFICER OR SUCH OTHER OFFICER AS THE SERVICE CONCERNED MAY DESIGNATE.

IT IS SPECIFIED IN PARAGRAPH M8100-1 OF THE REGULATIONS THAT TEMPORARY STORAGE IS STORAGE WHICH IS AUTHORIZED IN CONNECTION WITH A SHIPMENT OF PERMANENT CHANGE-OF-STATION WEIGHT ALLOWANCE OF HOUSEHOLD GOODS. AS TO TIME LIMITATIONS, PARAGRAPH M8100-2A 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 PARAGRAPH M8100-2B 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.

AT THE TIME OF THE RECEIPT OF THE ORDERS OF SEPTEMBER 13, 1966, YOU WERE PERMITTED TO ELECT UNDER THE ABOVE REGULATIONS TO EITHER (1) HAVE YOUR HOUSEHOLD GOODS PLACED IN THE NEAREST APPROVED COMMERCIAL OR GOVERNMENT STORAGE FACILITY FOR NONTEMPORARY STORAGE, THAT IS, THE APPROPRIATE STORAGE FACILITY LOCATED NEAREST HAMPTON, VIRGINIA, OR (2) HAVE YOUR HOUSEHOLD GOODS SHIPPED TO THE DESIGNATED LOCATION WITHIN THE UNITED STATES TO WHCH THE TRANSPORTATION OF YOUR DEPENDENTS WAS AUTHORIZED IN WHICH INSTANCE YOU WOULD BE ENTITLED TO TEMPORARY STORAGE NOT EXCEEDING 90 DAYS AND, IF AUTHORIZED OR APPROVED, AN ADDITIONAL 90 DAYS,

AS INDICATED IN YOUR CORRESPONDENCE, IT WAS YOUR DESIRE TO LOCATE YOUR FAMILY IN LOS ANGELES AND, HENCE, YOU ELECTED TO HAVE YOUR GOODS SHIPPED TO THAT CITY. SUCH GOODS, EXCEPT FOR THAT PORTION WHICH WAS DELIVERED TO 155 WEST 104TH STREET, LOS ANGELES, WERE PLACED IN STORAGE IN THE LOS ANGELES AREA. SINCE THE GOVERNMENT PAID THE CARRIER FOR THE MAXIMUM PERIOD OF TEMPORARY STORAGE ALLOWABLE UNDER THE REGULATIONS, 180 DAYS, AND SINCE NO AUTHORITY EXISTS FOR CONVERTING THE TEMPORARY STORAGE TO NONTEMPORARY STORAGE -- THE GOODS HAVING BEEN SHIPPED TO A DESIGNATED LOCATION AS YOU REQUESTED -- ALL CHARGES IN CONNECTION WITH THE STORAGE OF YOUR GOODS BEYOND THE PERIOD OF 180 DAYS WERE REQUIRED TO BE BORNE BY YOU.

IT IS UNFORTUNATE THAT YOU APPARENTLY MISUNDERSTOOD INFORMATION FURNISHED BY PERSONNEL IN THE TRANSPORTATION OFFICE THAT LED YOU TO BELIEVE THE GOODS AFTER ARRIVAL IN LOS ANGELES WOULD BE PLACED IN NONTEMPORARY STORAGE AT GOVERNMENT EXPENSE IF LIVING QUARTERS FOR YOUR FAMILY WERE UNOBTAINABLE. SUCH MISUNDERSTANDING, HOWEVER, AFFORDS NO BASIS TO ALLOW YOUR CLAIM. THE REGULATIONS, AS CITED ABOVE, CLEARLY DEFINE YOUR ENTITLEMENTS AND SPECIFICALLY PRECLUDE NONTEMPORARY STORAGE AT DESTINATION IN CIRCUMSTANCES SUCH AS EXIST IN YOUR CASE. FURTHERMORE, IT IS SHOWN IN THE "HOUSEHOLD GOODS PRE-INTERVIEW QUESTIONNAIRE" EXECUTED BY YOU ON OCTOBER 10, 1966, THAT THE GOODS WERE TO BE SHIPPED TO LOS ANGELES WITH 90 DAYS STORAGE IN TRANSIT (TEMPORARY STORAGE) AUTHORIZED AT DESTINATION AND WITH AN EXTRA DELIVERY AT THE MENTIONED LOS ANGELES ADDRESS.

ACCORDINGLY, THE SETTLEMENT OF MAY 10, 1968, IS SUSTAINED.

CONCERNING THE STATEMENT MADE IN YOUR LETTERS OF MAY 22 AND JUNE 3, 1968, THAT YOU WERE BILLED $27.50 AS EXCESS CHARGES INCIDENT TO THE SHIPMENT OF YOUR GOODS TO SACRAMENTO, CALIFORNIA, IN AUGUST 1967, WE HAVE NO INFORMATION CONCERNING THE MATTER AND IT IS SUGGESTED THAT IT BE TAKEN UP WITH APPROPRIATE OFFICIALS OF THE DEPARTMENT OF THE AIR FORCE. IF, HOWEVER, THE MATTER IS NOT SATISFACTORILY ADJUSTED, YOU MAY FILE A CLAIM WITH THE CLAIMS DIVISION OF THE GENERAL ACCOUNTING OFFICE, SETTING FORTH THE AMOUNT CLAIMED AND THE FACTS ON WHICH THE CLAIM IS BASED.