B-179010, JUL 31, 1973

B-179010, JUL 31, 1973

DECISION THAT NO ACTION NEED BE TAKEN AGAINST RONALD R. MAGNASON TO RECOVER THE AMOUNT OF $292.32 FOR CHARGES INCIDENT TO THE TEMPORARY STORAGE OF HIS HOUSEHOLD GOODS AT SAN JOSE, CALIFORNIA, IN MARCH 1971, SINCE THERE WAS SUBSTANTIAL COMPLIANCE WITH APPLICABLE REGULATIONS.

TO COMMANDING OFFICER OF NAVY REGIONAL FINANCE CENTER

BY LETTER DATED MARCH 30, 1973, ADDRESSED TO OUR TRANSPORTATION AND CLAIMS DIVISION, YOU REFERRED TO A LETTER RECEIVED BY YOUR OFFICE FROM THE HONORABLE PAUL N. MCCLOSKEY, JR., HOUSE OF REPRESENTATIVES, PERTAINING TO A CLAIM BY THE GOVERNMENT FOR $292.32 INCIDENT TO THE TEMPORARY STORAGE OF HOUSEHOLD GOODS OF MR. RONALD R. MAGNUSON IN CONNECTION WITH HIS RELIEF FROM ACTIVE DUTY IN THE U.S. NAVY.

ON MAY 4, 1973, WE WROTE TO CONGRESSMAN MCCLOSKEY AND ON MAY 9, 1973, OUR TRANSPORTATION AND CLAIMS DIVISION INFORMED YOU THAT SINCE IT APPEARED THAT SUFFICIENT INFORMATION REGARDING THE PLACE OF DELIVERY HAD NOT BEEN FURNISHED BY THE MEMBER, AND OVER 180 DAYS' STORAGE HAD BEEN UTILIZED, THAT COSTS INCURRED INCIDENT TO THE ADDITIONAL STORAGE WERE PROPERLY CHARGED TO MR. MAGNUSON, AND COLLECTION ACTION COULD BE RESUMED.

BY LETTER DATED MAY 30, 1973, CONGRESSMAN MCCLOSKEY'S DISTRICT OFFICE ASKED US TO REEXAMINE THIS MATTER.

THE RECORD SHOWS THAT IN CONJUNCTION WITH HIS RELIEF FROM ACTIVE DUTY IN THE U.S. NAVY, MR. MAGNUSON REQUESTED THE TRANSPORTATION OFFICER, NAVAL SUPPLY CENTER, PUGET SOUND, BREMERTON, WASHINGTON, TO PLACE HIS HOUSEHOLD GOODS IN TEMPORARY STORAGE, NOT TO EXCEED 90 DAYS. ON SEPTEMBER 4, 1970, THE HOUSEHOLD GOODS WERE PLACED IN STORAGE IN SEATTLE, WASHINGTON. DECEMBER 2, 1970, MR. MAGNUSON REQUESTED, AND WAS AUTHORIZED, AN ADDITIONAL 90 DAYS' STORAGE, NOT TO EXTEND BEYOND MARCH 2, 1971. THE APPROVAL WAS GRANTED ON THE BASIS THAT HE WAS UNABLE TO FIND SUITABLE HOUSING AT THAT TIME.

ON MARCH 1, 1971, MR. MAGNUSON SENT A WESTERN UNION TELEGRAM TO THE HOUSEHOLD GOODS OFFICE, PERSONAL PROPERTY BRANCH, NAVAL SUPPLY CENTER, SEATTLE, WASHINGTON, AS FOLLOWS: "SEND HOUSEHOLD GOODS BILL OF LADING #F5442123 SAN JOSE PHONE 287-5867." THE RECORD CONTAINS A COPY OF THIS TELEGRAM WITH THE IMPRINT "DUPLICATE OF TELEPHONED TELEGRAM" AND BEARS THE STAMP "MAR 1 PM 4 59." IT WOULD THUS APPEAR THAT MR. MAGNUSON NOTIFIED THE HOUSEHOLD GOODS OFFICE, SEATTLE, TO REMOVE HIS HOUSEHOLD GOODS BEFORE THE EXPIRATION OF THE STORAGE PERIOD WHICH WOULD HAVE OCCURRED ON MARCH 2, 1971.

IN YOUR LETTER DATED MARCH 30, 1973, IT WAS STATED THAT UPON RECEIPT OF THE TELEGRAM, THE NAVAL SUPPLY CENTER, SEATTLE DIVISION, ADVISED BREMERTON, WASHINGTON, BY TELEPHONE, TO TRANSPORT THE HOUSEHOLD GOODS TO SAN JOSE, CALIFORNIA. THE LETTER ALSO STATED THAT GOVERNMENT BILL OF LADING #F-5442123 (THE BILL OF LADING REFERRED TO IN MR. MAGNUSON'S TELEGRAM) PREVIOUSLY ISSUED WAS LOST AND A NEW BILL OF LADING, #F 5448819, WAS ISSUED TO COVER THE TRANSPORTATION TO SAN JOSE. THIS BILL OF LADING WAS ISSUED ON MARCH 3, 1971, AND INDICATED THE REQUESTED PICKUP DATE AS MARCH 4, 1971. THE HOUSEHOLD GOODS WERE TAKEN OUT OF STORAGE ON MARCH 8, 1971. IT DOES NOT APPEAR THAT THE NEW BILL OF LADING CONTAINED THE TELEPHONE NUMBER GIVEN BY MR. MAGNUSON BUT ONLY SHOWED THE DESTINATION TO BE SAN JOSE, CALIFORNIA.

THE RECORD FURTHER INDICATES THAT A MOVING VAN LOADED WITH THE HOUSEHOLD GOODS ARRIVED AT SAN JOSE ON MARCH 11, 1971, AND NOT HAVING AN ADDRESS OR OTHER INFORMATION CONCERNING DELIVERY, THE DRIVER CALLED THE PERSONAL PROPERTY BRANCH AT OAKLAND, CALIFORNIA. IN THE ABSENCE OF A STREET ADDRESS, HE WAS INSTRUCTED TO PLACE THE HOUSEHOLD GOODS IN STORAGE. IT IS NOT ALLEGED THAT A TELEPHONE CALL WAS EVER MADE TO MR. MAGNUSON IN ACCORD WITH HIS TELEGRAM OF MARCH 1, 1971.

WE ARE INFORMED THAT ON MARCH 12, 1971, AS A RESULT OF NUMEROUS TELEPHONE CALLS, MR. MAGNUSON LOCATED HIS HOUSEHOLD GOODS AND ON MARCH 15, 1971, THE HOUSEHOLD GOODS WERE DELIVERED TO HIS RESIDENCE. INASMUCH AS THE STORAGE FOR THE PERIOD MARCH 11 THROUGH 15, 1971, WAS OVER THE 180 DAYS' STORAGE PERIOD AUTHORIZED BY REGULATIONS, THE COSTS INCURRED INCIDENT TO THE ADDITIONAL STORAGE WERE CONSIDERED TO BE AT MR. MAGNUSON'S EXPENSE.

PARAGRAPH M8100-1 OF THE JOINT TRAVEL REGULATIONS, PROVIDES THAT TEMPORARY STORAGE IS STORAGE AUTHORIZED IN CONNECTION WITH A SHIPMENT OF PERMANENT CHANGE-OF-STATION WEIGHT ALLOWANCE OF HOUSEHOLD GOODS. SUBPARAGRAPH 2 OF THE REGULATION, PROVIDES THAT A MEMBER WILL BE ENTITLED TO TEMPORARY STORAGE AT GOVERNMENT EXPENSE FOR A PERIOD OF 90 DAYS IN CONNECTION WITH SUCH SHIPMENT OF HOUSEHOLD GOODS. IT FURTHER PROVIDES THAT AN ADDITIONAL 90 DAYS MAY BE AUTHORIZED UPON APPROVAL BY THE TRANSPORTATION OFFICER OR SUCH OTHER OFFICER AS THE SERVICE CONCERNED MAY DESIGNATE. IN INSTANCES WHERE THE HOUSEHOLD GOODS ARE NOT REMOVED FROM STORAGE BEFORE EXPIRATION OF AN AUTHORIZED 90-DAY PERIOD, ALL STORAGE CHARGES ACCRUING AFTER EXPIRATION OF THE 90-DAY PERIOD WILL BE BORNE BY THE MEMBER.

PARAGRAPH 58025-4, VOLUME V, NAVAL SUPPLY SYSTEMS COMMAND MANUAL, IN EFFECT WHEN THE HOUSEHOLD GOODS WERE TRANSPORTED AND STORED, PROVIDES THAT THE MEMBER WILL BE RESPONSIBLE FOR THE COST OF ANY ADDITIONAL SERVICES OCCASIONED BY HIS FAILURE TO FURNISH A CORRECT DELIVERY ADDRESS OR TO ARRANGE FOR TIMELY RECEIPT OF THE SHIPMENT AT DESTINATION.

HERE, MR. MAGNUSON GAVE TELEGRAPHIC NOTICE FOR THE REMOVAL OF HIS HOUSEHOLD GOODS BEFORE THE EXPIRATION OF HIS SECOND 90-DAY PERIOD, I.E. THE EXPIRATION DATE WAS MARCH 2, 1971, WITH THE NOTICE BEING GIVEN ON MARCH 1, 1971. THE DELAY IN REMOVING THE GOODS FROM STORAGE UNTIL MARCH 8, 1971, WAS APPARENTLY DUE TO THE LOSS OF THE ORIGINAL BILL OF LADING AND THE PREPARATION OF A NEW BILL OF LADING. THAT NOTICE WAS GIVEN IN SUFFICIENT TIME WAS APPARENTLY RECOGNIZED AS EVIDENCED BY THE NOTATION ON THE DD FORM 619 (STATEMENT OF ACCESSORIAL SERVICES PERFORMED) THAT THE NUMBER OF DAYS OF STORAGE IN TRANSIT WAS 180 DAYS.

MR. MAGNUSON FURNISHED A TELEPHONE NUMBER TO CALL UPON ARRIVAL OF HIS HOUSEHOLD GOODS AT SAN JOSE. HE HAS STATED THAT THE STREET ADDRESS OF HIS RESIDENCE WAS NOT YET ON ANY MAP. THUS WHEN THE MOVER CALLED THAT TELEPHONE NUMBER MR. MAGNUSON WAS TO FURNISH DIRECTIONS TO HIS RESIDENCE. WE DO NOT BELIEVE THIS PROCEDURE TO BE UNREASONABLE IN VIEW OF THE MANY NEW RESIDENTAL DEVELOPMENTS WHICH DO NOT APPEAR ON LOCAL MAPS. IT IS NOT APPARENT WHETHER THE MOVER OR THE HOUSEHOLD GOODS BRANCH AT OAKLAND WERE INFORMED OF THE TELEPHONE NUMBER FURNISHED BY MR. MAGNUSON. BUT THERE IS NO QUESTION THAT HIS INSTRUCTIONS WERE NOT CARRIED OUT; I.E. HE WAS NOT CALLED AND INFORMED OF HIS HOUSEHOLD GOODS' ARRIVAL IN THE SAN JOSE AREA SO THAT HE COULD DIRECT THE MOVER TO THE PROPER ADDRESS.

BASED ON THE RECORD BEFORE US, WE ARE OF THE OPINION THAT MR. MAGNUSON SUBSTANTIALLY COMPLIED WITH EXISTING REGULATIONS REGARDING STORAGE AND SHIPMENT OF HOUSEHOLD GOODS AND THAT THE EXCESS CHARGES RESULTED THROUGH NO FAULT OF THE MEMBER.

PARAGRAPH M8012 OF THE JOINT TRAVEL REGULATIONS PROVIDES IN PERTINENT PART THAT WHEN HOUSEHOLD GOODS WITHIN THE PRESCRIBED WEIGHT ALLOWANCE HAVE BEEN IMPROPERLY SHIPPED OR OTHERWISE UNAVOIDABLY SEPARATED FROM THE MEMBER, THROUGH NO FAULT OF HIS OWN, THEY MAY BE FORWARDED TO THE PROPER DESTINATION AT GOVERNMENT EXPENSE UPON AUTHORIZATION OR APPROVAL OF THE UNIFORMED SERVICE CONCERNED.

ACCORDINGLY, NO ACTION NEED BE TAKEN AGAINST MR. MAGNUSON TO RECOVER THE AMOUNT OF $292.32 FOR CHARGES INCIDENT TO THE TEMPORARY STORAGE OF HIS HOUSEHOLD GOODS AT SAN JOSE, CALIFORNIA, IN MARCH 1971.