B-175010, JUL 11, 1972

B-175010: Jul 11, 1972

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CAPTAIN POWER WAS ENTITLED TO THE STORAGE MAXIMUM OF 180 DAYS. SINCE CLAIMANT'S ORDERS WERE NOT CANCELED. POWER: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 4. YOU WERE TRANSFERRED ON A PERMANENT CHANGE OF STATION FROM MATHER AIR FORCE BASE. THAT ORDER WAS AMENDED BY SPECIAL ORDER NO. MATHER AIR FORCE BASE WAS ADVISED TO AMEND YOUR ORDERS TO INCLUDE AN ADDITIONAL PERIOD OF TEMPORARY DUTY AT CASTLE AIR FORCE BASE. YOUR TEMPORARY DUTY IN CASTLE AFB WAS CONFIRMED. THAT MESSAGE STATED THAT SINCE YOU WERE NOT FURNISHED TDY TRAINING COURSE INSTRUCTIONS FOR CASTLE AIR FORCE BASE AT THE TIME YOU WERE ORDERED FROM MATHER AIR FORCE BASE BY SPECIAL ORDER NO. YOU WERE AUTHORIZED TO PROCEED DIRECTLY TO BARKSDALE AIR FORCE BASE ON PCS.

B-175010, JUL 11, 1972

MILITARY PERSONNEL - CHANGE OF STATION - STORAGE OF HOUSEHOLD EFFECTS - REIMBURSEMENT DECISION SUSTAINING PRIOR DENIAL OF A CLAIM OF CAPTAIN RICHARD C. POWER, USAF, FOR REIMBURSEMENT FOR THE STORAGE OF HIS HOUSEHOLD EFFECTS FROM JANUARY 25 THROUGH FEBRUARY 24, 1970, INCIDENT TO A PERMANENT CHANGE OF STATION. PURSUANT TO THE PROVISIONS OF PARAGRAPHS M8100-1 AND M8100-3, JTR, CAPTAIN POWER WAS ENTITLED TO THE STORAGE MAXIMUM OF 180 DAYS, SUCH ENTITLEMENT ENDING JANUARY 24, 1970. FURTHER, SINCE CLAIMANT'S ORDERS WERE NOT CANCELED, REVOKED, OR MODIFIED TO DIRECT HIM TO RETURN TO HIS OLD DUTY STATION OR TO MAKE A DIFFERENT CHANGE OF STATION, THE PROVISIONS OF SECTION 406A OF TITLE 37, U.S. CODE, AS ADDED BY SECTION 1 OF PUB. L. 88- 238, DO NOT APPLY. ACCORDINGLY, THERE EXISTS NO LEGAL BASIS FOR ALLOWING HIS CLAIM.

TO CAPTAIN RICHARD C. POWER:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 4, 1971, IN EFFECT REQUESTING REVIEW OF SETTLEMENT BY OUR CLAIMS DIVISION DATED OCTOBER 5, 1971, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS FOR THE PERIOD JANUARY 25 THROUGH FEBRUARY 24, 1970, INCIDENT TO AN ORDERED PERMANENT CHANGE OF STATION.

THE RECORD SHOWS THAT BY SPECIAL ORDER NO. AA-1779, DATED JULY 10, 1969, YOU WERE TRANSFERRED ON A PERMANENT CHANGE OF STATION FROM MATHER AIR FORCE BASE, CALIFORNIA, TO BARKSDALE AIR FORCE BASE, LOUISIANA, TO REPORT NOT LATER THAN JULY 23, 1969, AND PERMITTED 7 DAYS' TRAVEL TIME. ON JULY 11, 1969, THAT ORDER WAS AMENDED BY SPECIAL ORDER NO. AA 1794, ORDERING YOU TO TEMPORARY DUTY AT FAIRCHILD AIR FORCE BASE, WASHINGTON, TO ATTEND A TRAINING COURSE AND CHANGED YOUR REPORTING DATE AT BARKSDALE AIR FORCE BASE TO "7 DAYS AFTER COMPLETION OF TRAINING."

ON AUGUST 12, 1969, BY WESTERN UNION MESSAGE, MATHER AIR FORCE BASE WAS ADVISED TO AMEND YOUR ORDERS TO INCLUDE AN ADDITIONAL PERIOD OF TEMPORARY DUTY AT CASTLE AIR FORCE BASE, CALIFORNIA, FOR TRAINING SUBSEQUENT TO YOUR TEMPORARY DUTY AT FAIRCHILD AIR FORCE BASE, AND BEFORE BEING ASSIGNED TO BARKSDALE AIR FORCE BASE ON THE PERMANENT CHANGE OF STATION. THE MESSAGE ALSO CONTAINED A TDY REPORTING DATE AT CASTLE AIR FORCE BASE OF SEPTEMBER 8, 1969, WITH A COURSE GRADUATION DATE OF DECEMBER 11, 1969.

ON AUGUST 21, 1969, BY WESTERN UNION MESSAGE, WHICH REFERENCED THE EARLIER MESSAGE, YOUR TEMPORARY DUTY IN CASTLE AFB WAS CONFIRMED. THAT MESSAGE STATED THAT SINCE YOU WERE NOT FURNISHED TDY TRAINING COURSE INSTRUCTIONS FOR CASTLE AIR FORCE BASE AT THE TIME YOU WERE ORDERED FROM MATHER AIR FORCE BASE BY SPECIAL ORDER NO. AA-1779, AS AMENDED, YOUR BAGGAGE HAD ALREADY BEEN SENT TO BARKSDALE AIR FORCE BASE. AS A RESULT, YOU WERE AUTHORIZED TO PROCEED DIRECTLY TO BARKSDALE AIR FORCE BASE ON PCS, SIGN IN AND SECURE A PORTION OF YOUR BELONGINGS NEEDED FOR TEMPORARY DUTY AT CASTLE AIR FORCE BASE. THAT MESSAGE FURTHER STATED THAT YOU WERE TO PROCEED TO CASTLE AIR FORCE BASE IN A TDY STATUS FROM BARKSDALE AIR FORCE BASE AND THAT SUCH ORDERS WERE TO BE ISSUED. IT APPEARS THAT YOU ARRIVED AT YOUR NEW PERMANENT STATION ON AUGUST 25, 1969.

SPECIAL ORDER NO. TA-1484, DATED AUGUST 25, 1969, WAS ISSUED TO YOU BY HEADQUARTERS 2D BOMBARDMENT WING (SAC), BARKSDALE AIR FORCE BASE DIRECTING YOU TO PROCEED IN A TDY STATUS FROM BARKSDALE AIR FORCE BASE TO CASTLE AIR FORCE BASE FOR COMBAT CREW TRAINING FOR A DURATION OF APPROXIMATELY 15 WEEKS COMMENCING SEPTEMBER 8, 1969, WITH GRADUATION ON DECEMBER 11, 1969. THAT ORDER FURTHER PROVIDED THAT UPON COMPLETION OF THE COURSE YOU WERE TO REPORT BACK TO BARKSDALE AIR FORCE BASE, YOUR PERMANENT DUTY STATION.

SECTION 406 OF TITLE 37, U.S. CODE, PROVIDES THAT IN CONNECTION WITH A PERMANENT CHANGE OF STATION A MEMBER MAY BE AUTHORIZED TRANSPORTATION OF HOUSEHOLD EFFECTS INCLUDING STORAGE UNDER CIRCUMSTANCES PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH M8100-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES FOR TEMPORARY STORAGE IN CONNECTION WITH A PERMANENT CHANGE OF STATION AND THAT SUCH STORAGE MAY BE AT ORIGIN, IN TRANSIT OR AT DESTINATION. PARAGRAPH M8100-3 OF THE SAME REGULATIONS LIMITS SUCH STORAGE TO 90 DAYS, BUT PROVIDES THAT ADDITIONAL STORAGE FOR "NOT MORE THAN AN ADDITIONAL 90 DAYS" MAY BE AUTHORIZED WHEN, BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE MEMBER, SUCH HOUSEHOLD GOODS IN TEMPORARY STORAGE AT GOVERNMENT EXPENSE CANNOT BE WITHDRAWN DURING THE FIRST 90 DAYS. THIS ADDITIONAL 90-DAY PERIOD WAS AUTHORIZED IN YOUR CASE AND STORAGE CHARGES WERE PAID FROM JULY 25, 1969, TO JANUARY 25, 1970.

ON THE BASIS OF THE RECORD BEFORE US, YOU WERE ENTITLED TO A MAXIMUM OF 180 DAYS STORAGE OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR ORDERED PERMANENT CHANGE OF STATION FROM MATHER AFB TO BARKSDALE AFB. SINCE STORAGE OF YOUR HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE WAS INITIATED ON JULY 25, 1969, SUCH STORAGE ENTITLEMENT TERMINATED ON JANUARY 24, 1970. WE ARE UNAWARE OF ANY PROVISION OF LAW OR REGULATION WHEREBY YOU WOULD BE ENTITLED TO HAVE YOUR HOUSEHOLD EFFECTS PLACED IN TEMPORARY STORAGE AT GOVERNMENT EXPENSE IN EXCESS OF 180 DAYS INCIDENT TO A PERMANENT CHANGE OF STATION.

IT IS NOTED THAT SECTION 406A OF TITLE 37, U.S. CODE, AS ADDED BY SECTION 1 OF PUBLIC LAW 88-238, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER MAY BE ENTITLED TO TRANSPORTATION ALLOWANCES UNDER SECTION 404 OF THAT TITLE AND TO TRANSPORTATION OF DEPENDENTS, BAGGAGE AND HOUSEHOLD EFFECTS UNDER SECTION 406 OF THAT TITLE, IF OTHERWISE QUALIFIED, FOR TRAVEL PERFORMED BEFORE THE EFFECTIVE DATE OF ORDERS THAT DIRECT HIM TO MAKE A CHANGE OF STATION AND THAT ARE LATER "(1) CANCELED, REVOKED, OR MODIFIED TO DIRECT HIM TO RETURN TO THE STATION FROM WHICH HE WAS BEING TRANSFERRED; OR (2) MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION."

SINCE YOUR CHANGE-OF-STATION ORDERS WERE NOT CANCELED, REVOKED OR MODIFIED TO DIRECT YOU TO RETURN TO YOUR OLD STATION OR TO DIRECT YOU TO MAKE A DIFFERENT CHANGE OF STATION, THAT PROVISION OF LAW AFFORDS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

ACCORDINGLY, THE ACTION TAKEN BY OUR CLAIMS DIVISION IS SUSTAINED.