B-164996, OCT. 8, 1968

B-164996, OCT. 8, 1968

TO STAFF SERGEANT CHARLES D. CLARDY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 17, 1968, CONCERNING YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF PACKING AND STORING YOUR HOUSEHOLD GOODS DURING THE PERIOD JUNE 3 TO JULY 3, 1967, INCIDENT TO YOUR SERVICE IN THE UNITED STATES AIR FORCE.

THE RECORD SHOWS THAT BY SPECIAL ORDER T-1300 DATED MAY 26, 1967, YOU WERE DIRECTED TO PERFORM TEMPORARY DUTY FOR APPROXIMATELY 100 DAYS AT LOWRY AIR FORCE BASE, COLORADO, AND THEN TO RETURN TO YOUR PERMANENT STATION AT RANDOLPH AIR FORCE BASE, TEXAS. IN PRESENTING YOUR CLAIM YOU STATED THAT WHEN YOU RECEIVED THOSE ORDERS YOU HAD BEEN ASSURED OF ASSIGNMENT TO YOUR NEXT DUTY STATION, LIKELY IN AN OVERSEAS AREA, AND THAT YOU WOULD BE GOING TO LOWRY AIR FORCE BASE ON TEMPORARY DUTY IN A PENDING FURTHER ORDERS STATUS. YOU SAID THAT YOU MADE ARRANGEMENTS, ON THOSE ASSURANCES, TO HAVE YOUR HOUSEHOLD EFFECTS PICKED UP AND STORED IN THE SAN ANTONIO PUBLIC WAREHOUSE, AND THAT ON JUNE 3, 1967, THEY WERE PACKED AND PLACED IN STORAGE. ON OCTOBER 16, 1967, YOU WERE GIVEN NOTICE THAT YOU HAD BEEN SELECTED ON JUNE 27, 1967, FOR PERMANENT CHANGE OF STATION TO THAILAND, TO REPORT DURING THE MONTH OF NOVEMBER 1967.

BY SPECIAL ORDER AB-159 DATED OCTOBER 18, 1967, YOU WERE RELIEVED FROM DUTY AT RANDOLPH AIR FORCE BASE AND REASSIGNED TO THE 388 COMBAT SUPPORT GROUP (PACAF), APO SAN FRANCISCO 96288. YOUR APPLICATION FOR SHIPMENT OF HOUSEHOLD GOODS FROM POINT OF STORAGE IN SAN ANTONIO, TEXAS, TO LOUISVILLE, KENTUCKY, IS DATED OCTOBER 18, 1967.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JULY 9, 1968, FOR THE REASON THAT YOUR ORDERS DATED MAY 26, 1967, WHICH DIRECTED YOU TO RETURN TO YOUR PERMANENT DUTY STATION UPON COMPLETION OF THE TEMPORARY DUTY, PRECLUDED YOUR ENTITLEMENT UNDER THE REGULATIONS TO EITHER TEMPORARY OR NONTEMPORARY STORAGE OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE. IT IS YOUR CONTENTION THAT IF YOU HAD BEEN NOTIFIED OF YOUR ASSIGNMENT OF A PERMANENT CHANGE OF STATION MOVE ON JUNE 27, 1967, WHEN DETERMINATION OF SUCH ASSIGNMENT WAS MADE, YOU COULD HAVE MADE OTHER ARRANGEMENTS AND SAVED THE EXPENSE OF STORING AND PACKING YOUR HOUSEHOLD GOODS.

AS YOU WERE ADVISED IN THE SETTLEMENT DATED JULY 9, 1968, THE AUTHORITY FOR TRANSPORTATION OF HOUSEHOLD EFFECTS, INCLUDING STORAGE OF SUCH EFFECTS, IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO 37 U.S.C. 406. PARAGRAPH M8200 OF THOSE REGULATIONS PROVIDES IN PERTINENT PART THAT UNDER COMPETENT TEMPORARY DUTY ORDERS, TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE MAY BE SHIPPED BETWEEN ANY POINTS, LIMITED TO THE COST OF SUCH SHIPMENT FROM THE PERMANENT DUTY STATION TO THE TEMPORARY DUTY STATION, BETWEEN TEMPORARY DUTY STATIONS, OR FROM THE LAST TEMPORARY DUTY STATION TO THE OLD PERMANENT DUTY STATION, OR TO THE NEW PERMANENT DUTY STATION IF A NEW STATION HAS BEEN ASSIGNED. STORAGE, EITHER TEMPORARY OR NONTEMPORARY, OF TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE SHIPMENTS OF HOUSEHOLD GOODS IS NOT AUTHORIZED EXCEPT IN CERTAIN CIRCUMSTANCES ARISING INCIDENT TO TEMPORARY DUTY PERFORMED UNDER ORDERS DIRECTING A PERMANENT CHANGE OF STATION.

PARAGRAPH M8203 OF THE REGULATIONS PROVIDES, HOWEVER, THAT WHEN A MEMBER IS UNDER ORDERS FROM A PERMANENT DUTY STATION AND ORDERED TO TEMPORARY DUTY WITHOUT RETURN TO SUCH PERMANENT DUTY STATION, OR TO TEMPORARY DUTY FOR FURTHER ASSIGNMENT, HIS HOUSEHOLD GOODS WITHIN PRESCRIBED PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE, MAY BE PLACED IN STORAGE UNDER THE PROVISIONS OF PARAGRAPH M8101. PARAGRAPH M8205 ALSO PROVIDES THAT WHEN A MEMBER IS UNDER ORDERS FROM A PERMANENT DUTY STATION AND ORDERED TO TEMPORARY DUTY FOR AN INDETERMINATE PERIOD OF TIME, AND ONLY UPON APPROVAL OF THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE, HIS HOUSEHOLD GOODS WITHIN PRESCRIBED PERMANENT CHANGE OF STATION WEIGHT ALLOWANCES MAY BE PACKED, DRAYED AND PLACED IN STORAGE UNDER THE PROVISIONS OF PARAGRAPH M8101.

PARAGRAPH M8101 OF THE REGULATIONS 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. ENTITLEMENT TO NONTEMPORARY STORAGE INCLUDES ANY SHIPMENT, DRAYAGE, PACKING AND CRATING NECESSARY TO PLACE HOUSEHOLD GOODS IN THE DESIGNATED STORAGE FACILITY.

THE RECORD INDICATES THAT YOUR ORDERS OF MAY 26, 1967, MADE NO PROVISION FOR YOU TO TRANSFER TO ANOTHER DUTY STATION UPON COMPLETION OF YOUR TEMPORARY DUTY ASSIGNMENT AND DID NOT PROVIDE FOR TEMPORARY DUTY FOR FURTHER ASSIGNMENT AS SET OUT IN PARAGRAPH M8203 OF THE REGULATIONS. NEITHER DID THEY ORDER YOU TO TEMPORARY DUTY FOR AN INDETERMINATE PERIOD OF TIME AS PROVIDED IN PARAGRAPH M8205 OF THE REGULATIONS. CONSEQUENTLY, YOUR ENTITLEMENT UNDER THE ORDERS OF MAY 26, 1967, WAS LIMITED BY THE PROVISIONS OF PARAGRAPH M8200 TO THE SHIPMENT OF TEMPORARY WEIGHT ALLOWANCE OF HOUSEHOLD GOODS TO ANY POINT NOT TO EXCEED THE COST FROM LOWRY AIR FORCE BASE, COLORADO, TO RANDOLPH AIR FORCE BASE, TEXAS, AND YOU WERE NOT AUTHORIZED EITHER TEMPORARY OR NONTEMPORARY STORAGE OF THESE GOODS. YOUR ENTITLEMENT TO NONTEMPORARY STORAGE OR THE SHIPMENT OF YOUR GOODS TO YOUR NEW STATION, INCLUDING AUTHORIZED TEMPORARY STORAGE INCIDENT TO SUCH SHIPMENT, ACCRUED UNDER YOUR ORDERS OF OCTOBER 18, 1967, WHICH DIRECTED A PERMANENT CHANGE OF STATION.

YOUR CLAIM FOR THE PACKING AND STORING OF YOUR HOUSEHOLD GOODS IS FOR THE PERIOD JUNE 3, 1967 TO JULY 3, 1967, PRIOR TO THE DATE OF YOUR ORDERS OF OCTOBER 18, 1967. IT IS REPORTED THAT PERSONNEL FROM THE JOINT HOUSEHOLD GOODS SHIPPING OFFICE AT RANDOLPH AIR FORCE BASE INSPECTED THE PACKING OF YOUR HOUSEHOLD GOODS FOR WHICH YOU HAD PAID THE STORAGE COMPANY AND IT WAS FOUND ACCEPTABLE BY THE CARRIER FOR SHIPMENT TO KENTUCKY; THEREFORE, NO PACKING COST FOR THE SHIPMENT WAS PAID BY THE GOVERNMENT. SINCE THE COST OF PACKING AND STORING YOUR HOUSEHOLD GOODS WAS NOT INCURRED INCIDENT TO YOUR CHANGE OF PERMANENT DUTY STATION UNDER THE ORDERS OF OCTOBER 18, 1967, THERE IS NO AUTHORITY TO REIMBURSE YOU FOR SUCH COST.

RELATIVE TO YOUR CONTENTION THAT YOU COULD HAVE MADE OTHER ARRANGEMENTS AND SAVED THE EXPENSE OF STORING AND PACKING YOUR HOUSEHOLD GOODS IF YOU HAD BEEN NOTIFIED ON JUNE 27, 1967, OF YOUR SELECTION FOR A PERMANENT CHANGE OF STATION, THE REPORT FROM THE AIR FORCE DOES NOT SHOW WHY YOU WERE NOTIFIED OF SUCH CHANGE ON OCTOBER 16, 1967. THE ASSIGNMENT AND NOTIFICATION TO PERSONNEL OF A CHANGE OF STATION IS A MATTER WITHIN ADMINISTRATIVE DISCRETION DEPENDING NO DOUBT ON THE NEEDS OF THE SERVICE AT THE TIME THE SELECTION IS MADE AND IMMEDIATELY PRIOR TO THE TIME THE CHANGE OF STATION IS TO BE MADE. HOWEVER, IT IS NOT UNDERSTOOD HOW THE EXPENSE OF PACKING AND STORAGE BEGINNING ON JUNE 3, 1967, COULD HAVE BEEN SAVED IF YOU HAD BEEN NOTIFIED OF THE CHANGE ON JUNE 27, 1967.

ACCORDINGLY, THE SETTLEMENT OF JULY 9, 1968, DISALLOWING YOUR CLAIM WAS CORRECT AND IS SUSTAINED.

WITH REGARD TO YOUR REQUEST THAT YOUR PAPERS BE RETURNED TO YOU, THERE ARE ENCLOSED HEREWITH COPIES OF THESE PAPERS. IT WILL BE NECESSARY TO RETAIN THE ORIGINAL PAPERS SINCE THEY CONSTITUTE A PART OF THE RECORD ON WHICH THE SETTLEMENT DISALLOWING YOUR CLAIM WAS BASED.