B-172944, JUL 21, 1971

B-172944, JUL 21, 1971

HOUSEHOLD GOODS - NONTEMPORARY STORAGE SUSTAINING PRIOR CLAIMS DIVISION SETTLEMENT DENYING CLAIM FOR REIMBURSEMENT OF CHARGES INCURRED FOR THE STORAGE OF HOUSEHOLD GOODS INCIDENT TO RELEASE FROM ACTIVE DUTY AND RETIREMENT FROM THE AIR FORCE. PARAGRAPH M8101-2A, JOINT TRAVEL REGULATIONS, PROVIDES FOR NONTEMPORARY STORAGE FOR ONE YEAR IN SUCH CASES IF THE STORAGE IS PERFORMED AT THE MEMBER'S LAST DUTY STATION. SINCE THE RECORD DISCLOSES THAT CLAIMANT HAD THE GOODS SHIPPED TO HIS HOME OF SELECTION BEFORE COMMENCING NONTEMPORARY STORAGE, THERE IS NO LEGAL BASIS UPON WHICH THE COMP. GEN. CAN AUTHORIZE PAYMENT OF THE CLAIM.

TO LIEUTENANT COLONEL VINCENT P. ANDERSON, JR., USAF, RETIRED:

FURTHER REFERENCE IS MADE TO YOUR LETTERS OF DECEMBER 15, 1970, AND APRIL 16, 1971, REQUESTING RECONSIDERATION OF OUR CLAIMS DIVISION SETTLEMENT DATED DECEMBER 8, 1970, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF CHARGES YOU INCURRED FOR THE STORAGE OF YOUR HOUSEHOLD EFFECTS DURING THE PERIOD OF JANUARY 5, 1969, THROUGH JANUARY 5, 1970, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AND RETIREMENT FROM THE AIR FORCE.

BY UNITED STATES AIR FORCE SPECIAL ORDER NUMBER AC-4939, DATED FEBRUARY 28, 1968, YOU WERE RELIEVED FROM ACTIVE DUTY AT MINOT AIR FORCE BASE, NORTH DAKOTA, EFFECTIVE JULY 31, 1968, ASSIGNED TO THE UNITED STATES AIR FORCE RETIRED RESERVE EFFECTIVE AUGUST 1, 1968, AND DIRECTED TO PROCEED TO YOUR HOME OF SELECTION.

YOU SAY, IN EFFECT, THAT PRIOR TO YOUR RETIREMENT A REPRESENTATIVE OF THE COMMERCIAL TRANSPORTATION OFFICE AT MINOT AIR FORCE BASE ADVISED YOU THAT INCIDENT TO YOUR RETIREMENT YOU WOULD BE ENTITLED TO STORAGE OF YOUR HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FOR A PERIOD OF 12 MONTHS AFTER THEIR SHIPMENT TO YOUR HOME OF SELECTION. PURSUANT TO THAT ADVICE YOU HAD YOUR HOUSEHOLD EFFECTS PICKED UP ON JUNE 26, 1968, AND TRANSPORTED TO STOCKTON, CALIFORNIA, WHERE THEY WERE PLACED IN TEMPORARY STORAGE AT GOVERNMENT EXPENSE FOR A PERIOD OF 90 DAYS, WHICH WAS APPARENTLY EXTENDED TO 180 DAYS. AT THE EXPIRATION OF THE 180 DAYS YOU APPARENTLY LEFT YOUR HOUSEHOLD EFFECTS IN STORAGE FOR AN ADDITIONAL YEAR (JANUARY 5, 1969, THROUGH JANUARY 5, 1970), THE PERIOD FOR WHICH YOU NOW CLAIM REIMBURSEMENT FOR STORAGE CHARGES.

YOU SAY FURTHER THAT HAD YOU BEEN CORRECTLY ADVISED BY THE MINOT AIR FORCE BASE COMMERCIAL TRANSPORTATION OFFICE REPRESENTATIVE, YOU WOULD HAVE LEFT YOUR HOUSEHOLD EFFECTS IN NONTEMPORARY STORAGE AT GOVERNMENT EXPENSE AT MINOT AIR FORCE BASE FOR A PERIOD OF ONE YEAR BEFORE HAVING THEM TRANSPORTED TO STOCKTON WHERE YOU BELIEVE THEY COULD HAVE THEN BEEN PLACED IN TEMPORARY STORAGE FOR AN ADDITIONAL 180 DAYS AT GOVERNMENT EXPENSE.

YOUR CLAIM FOR REIMBURSEMENT FOR THE STORAGE OF YOUR HOUSEHOLD EFFECTS DURING THE PERIOD JANUARY 5, 1969, THROUGH JANUARY 5, 1970, WAS DISALLOWED BECAUSE YOU HAD YOUR HOUSEHOLD GOODS SHIPPED AT GOVERNMENT EXPENSE TO YOUR HOME OF SELECTION PRIOR TO BEING PLACED IN STORAGE AND AFTER SUCH SHIPMENT NONTEMPORARY STORAGE WAS NOT AUTHORIZED.

SECTION 406(B) OF TITLE 37, U.S.C. PROVIDES THAT IN CONNECTION WITH A CHANGE OF PERMANENT STATION (WHICH INCLUDES FROM LAST DUTY STATION TO HOME UPON RETIREMENT) A MEMBER IS ENTITLED TO TRANSPORTATION, INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE AND UNPACKING OF HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR, SUBJECT TO REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED.

THE NONTEMPORARY STORAGE AT GOVERNMENT EXPENSE OF THE HOUSEHOLD EFFECTS OF MEMBERS RETIRED IN THE CIRCUMSTANCES INVOLVED IN YOUR CASE IS AUTHORIZED BY SECTION 406(D) OF TITLE 37 FOR A PERIOD NOT LONGER THAN ONE YEAR FROM THE DATE OF RETIREMENT OF THE MEMBER CONCERNED. IT FURTHER PROVIDES THAT SUCH STORAGE SHALL BE IN FACILITIES OF THE UNITED STATES, OR IN COMMERCIAL FACILITIES WHEN IT IS CONSIDERED TO BE MORE ECONOMICAL TO THE UNITED STATES.

PURSUANT TO SECTION 406(D), THE SECRETARIES CONCERNED ISSUED THE REGULATIONS FOUND IN PARAGRAPH M8260-3 OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES GENERALLY THAT A MEMBER WHO IS ENTITLED TO THE SHIPMENT OF HOUSEHOLD GOODS TO A HOME OF SELECTION UPON RETIREMENT IS ENTITLED TO NONTEMPORARY STORAGE OF SUCH HOUSEHOLD GOODS IN ACCORDANCE WITH PARAGRAPH M8101, FOR A PERIOD NOT TO EXCEED ONE YEAR FROM THE TERMINATION OF ACTIVE DUTY. PARAGRAPH M8101-2A PROVIDES THAT "NONTEMPORARY STORAGE WILL BE IN AN APPROVED COMMERCIAL OR GOVERNMENT STORAGE FACILITY WHICHEVER IS NEAREST TO THE PLACE WHERE THE HOUSEHOLD GOODS ARE LOCATED ON THE DATE OF ISSUANCE OF THE MEMBER'S PERMANENT CHANGE-OF-STATION ORDERS."

IN ACCORDANCE WITH THESE REGULATIONS, YOU WOULD HAVE BEEN ENTITLED TO ONE -YEAR'S NONTEMPORARY STORAGE AT GOVERNMENT EXPENSE ONLY IF YOUR HOUSEHOLD EFFECTS HAD BEEN TURNED OVER TO THE TRANSPORTATION OFFICER AT MINOT AIR FORCE BASE, PRIOR TO SHIPMENT TO YOUR HOME OF SELECTION FOR NONTEMPORARY STORAGE IN THE FACILITY WHICH HE DETERMINED TO BE THE MOST ECONOMICAL TO THE GOVERNMENT. SINCE YOU HAD YOUR HOUSEHOLD EFFECTS SHIPPED DIRECTLY TO YOUR HOME OF SELECTION AND STORED THERE, YOU ARE NOT ENTITLED TO REIMBURSEMENT FOR ANY STORAGE CHARGES IN EXCESS OF THE 180 DAYS OF TEMPORARY STORAGE AT DESTINATION WHICH WAS APPARENTLY AUTHORIZED IN YOUR CASE PURSUANT TO PARAGRAPH M8100-2 OF THE REGULATIONS AND WHICH YOU APPARENTLY HAVE RECEIVED.

EVEN IF YOUR GOODS HAD BEEN PLACED IN NONTEMPORARY STORAGE BEFORE SHIPMENT TO YOUR HOME OF SELECTION, IT MAY BE THAT YOU WOULD NOT HAVE BEEN ENTITLED TO TEMPORARY STORAGE IN CONNECTION WITH SUCH SHIPMENT SINCE PARAGRAPH M8260-3 OF THE REGULATIONS ALSO PROVIDED THAT TEMPORARY STORAGE IN CONNECTION WITH A SHIPMENT FROM NONTEMPORARY STORAGE TO THE HOME OF SELECTION IS NOT AUTHORIZED EXCEPT WHEN ALL OF THE FOLLOWING CONDITIONS EXIST:

"1. WHEN NECESSARY BECAUSE OF CONDITIONS BEYOND CONTROL OF THE MEMBER, OR DEPENDENT, IF APPLICABLE;

"2. WHEN SUCH CONDITIONS ARISE AFTER SHIPMENT FROM NONTEMPORARY STORAGE;

"3. WHEN TEMPORARY STORAGE IS AUTHORIZED OR APPROVED BY THE TRANSPORTATION OFFICER OR SUCH OTHER OFFICER AS THE SERVICE CONCERNED MAY DESIGNATE."

HOWEVER, REGARDLESS OF WHAT YOUR RIGHTS MIGHT HAVE BEEN IF THE GOODS HAD BEEN PLACED IN NONTEMPORARY STORAGE BEFORE SHIPMENT, THE FACT THAT YOU MAY HAVE BEEN ERRONEOUSLY ADVISED AS TO YOUR ENTITLEMENT TO REIMBURSEMENT FOR NONTEMPORARY STORAGE AT DESTINATION DOES NOT, IN OUR OPINION, PROVIDE A LEGAL BASIS TO AUTHORIZE PAYMENT OF YOUR CLAIM IN CONTRAVENTION OF THE APPLICABLE REGULATIONS. ACCORDINGLY, THE SETTLEMENT OF DECEMBER 8, 1970, IS SUSTAINED.