B-125450, MAY 1, 1956

B-125450, MAY 1, 1956

TO LIEUTENANT COLONEL WEYNAND J. FRIES:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 30, 1955, REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 4, 1955, WHICH DISALLOWED YOUR CLAIM FOR $512, REPRESENTING THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS FROM NOVEMBER 21, 1952, TO JULY 12, 1955.

BY PARAGRAPH 29, SPECIAL ORDERS NO. 55, DATED MARCH 17, 1952, YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT ROCHESTER, NEW YORK, AND ASSIGNED TO FAR EAST COMMAND, YOKOHAMA, JAPAN. THE ORDERS DID NOT PROVIDE FOR CONCURRENT TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS TO YOUR OVERSEAS STATION. BASED ON THOSE ORDERS YOU EXECUTED AN APPLICATION REQUESTING THE TRANSPORTATION OFFICER, ROCHESTER ORDNANCE DISTRICT, ROCHESTER, NEW YORK, TO HAVE YOUR HOUSEHOLD EFFECTS HAULED FROM YOUR RESIDENCE IN SYRACUSE, NEW YORK, TO KING STORAGE WAREHOUSE, INCORPORATED, IN THE SAME CITY. ON MAY 20, 1952, YOUR EFFECTS WERE HAULED TO THE STORAGE WAREHOUSE OF THAT FIRM WHERE THEY WERE HANDLED, WRAPPED AND PACKED FOR STORAGE. THE RECORD SHOWS THAT THE GOVERNMENT PAID $248.25 FOR SUCH SERVICES INCLUDING $96 FOR STORAGE FOR SIX MONTHS, MAY 20 TO NOVEMBER 29, 1952. YOUR EFFECTS REMAINED IN COMMERCIAL STORAGE UNTIL JULY 1955, WHEN THEY WERE SHIPPED TO LEVITTOWN, PENNSYLVANIA, UPON YOUR RETURN FROM DUTY OVERSEAS.

IN YOUR PRESENT LETTER YOU REFER TO YOUR LETTER OF MARCH 10, 1953, AND, PARTICULARLY TO YOUR SECOND ENDORSEMENT THEREON DATED APRIL 2, 1953, IN WHICH YOU ADVISED THE TRANSPORTATION OFFICER AT FORT JAY, GOVERNOR'S ISLAND, NEW YORK, THAT YOU DESIRED TO KEEP YOUR FURNITURE IN STORAGE UNTIL YOU WERE RELIEVED FROM FOREIGN DUTY. YOU EXPRESS THE BELIEF THAT IF THE REGULATIONS IN EFFECT AT THAT TIME DID NOT PERMIT HOLDING YOUR FURNITURE IN COMMERCIAL STORAGE AT GOVERNMENT EXPENSE, IT WAS THE DUTY OF THE TRANSPORTATION OFFICER OF THE FIRST ARMY TO HAVE IT REMOVED AND PLACED IN GOVERNMENT STORAGE.

THE PACKING, CRATING, SHIPMENT AND STORAGE OF HOUSEHOLD EFFECTS OF SERVICE PERSONNEL ARE GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. THOSE REGULATIONS PROVIDE (PARAGRAPH 8006-1) THAT WHEN NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, AND DUE TO CONDITIONS BEYOND CONTROL OF THE OWNER, TEMPORARY STORAGE OF HOUSEHOLD EFFECTS NOT TO EXCEED SIX MONTHS MAY BE AUTHORIZED AT GOVERNMENT EXPENSE AFTER PICKUP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH FROM CARRIER'S STATION AT POINT OF ORIGIN; WHILE SHIPMENT IS IN TRANSIT OR EN ROUTE AND STORAGE IS NOT FURNISHED FREE BY THE CARRIER; OR AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION STATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS. TEMPORARY STORAGE IS AUTHORIZED ONLY AS AN INCIDENT OF TRANSPORTATION; THAT IS, FOR COMPARATIVELY BRIEF PERIODS OF DELAY ARISING DURING THE COURSE OF A MOVEMENT OF HOUSEHOLD GOODS BETWEEN AUTHORIZED POINTS. WHERE, AS HERE, THERE IS NO SHIPMENT AND THE EFFECTS ARE SIMPLY PLACED IN LOCAL COMMERCIAL STORAGE, THERE WAS NO AUTHORITY FOR PAYMENT OF THE CHARGES INCURRED.

THE REGULATIONS IN EFFECT AT THE TIME HERE INVOLVED FURTHER PROVIDED (PARAGRAPH 8006-2) THAT WHERE STORAGE OF HOUSEHOLD EFFECTS IS DESIRED UPON PERMANENT ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES, THE EFFECTS MAY BE PLACED IN NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES WHEN SUCH FACILITIES ARE AVAILABLE. HOWEVER, WHEN GOVERNMENT FACILITIES WERE NOT AVAILABLE AND THE EFFECTS WERE PLACED IN COMMERCIAL STORAGE, THERE WAS NO AUTHORITY FOR PAYMENT OF ANY PORTION OF THE COST INCURRED. THE STORAGE OF HOUSEHOLD EFFECTS IN GOVERNMENT FACILITIES IS A SERVICE THAT COULD BE FURNISHED IN KIND ONLY, AND ONLY UPON APPLICATION OF THE MEMBER. WHEN A MEMBER APPLIED FOR COMMERCIAL STORAGE AND HIS EFFECTS ARE PLACED THEREIN, THERE WAS NO OBLIGATION OR RIGHT ON THE PART OF A TRANSPORTATION OFFICER TO REMOVE THE EFFECTS AND PLACE THEM IN GOVERNMENT STORAGE.

SINCE YOUR HOUSEHOLD EFFECTS WERE NOT STORED INCIDENT TO A DELAY DURING SHIPMENT BUT WERE PLACED IN COMMERCIAL STORAGE AT YOUR REQUEST UPON YOUR ASSIGNMENT TO DUTY OVERSEAS, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM, NOR WAS THERE AUTHORITY FOR PAYMENT OF SIX MONTHS' TEMPORARY STORAGE AND RELATED CHARGES. OF THE AMOUNT ($248.25) PAID BY THE GOVERNMENT TO KING STORAGE WAREHOUSE, INCORPORATED, IT APPEARS THAT THE CHARGES FOR HAULING TO WAREHOUSE ($42), AND PACKING ($74.25), REASONABLY MAY BE CONSIDERED AS NECESSARY IN CONNECTION WITH THE SUBSEQUENT SHIPMENT OF YOUR EFFECTS TO LEVITTOWN. HOWEVER, SINCE THE CHARGES FOR WRAPPING ($12), AND HANDLING ($24), RELATE DIRECTLY TO STORAGE, YOU ARE INDEBTED TO THE UNITED STATES FOR THOSE ITEMS AS WELL AS FOR STORAGE ($96), OR IN THE SUM OF $132. YOUR REMITTANCE IN THE FORM OF MONEY ORDERS OR CHECK PAYABLE TO "U. S. GENERAL ACCOUNTING OFFICE" SHOULD BE FORWARDED TO:

U. S. GENERAL ACCOUNTING OFFICE

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