B-141883, MAR. 2, 1960

B-141883, MAR. 2, 1960

TO MRS. MARILYN J. CORBETT:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 19, 1960, REQUESTING REVIEW OF OUR SETTLEMENT DATED NOVEMBER 18, 1959, WHICH DISALLOWED YOUR CLAIM AS WIDOW OF LIEUTENANT LAWRENCE J. CORBETT, USNR, FOR STORAGE OF YOUR HOUSEHOLD EFFECTS FOR THE PERIOD JANUARY 28, TO JUNE 30, 1959.

PURSUANT TO ORDERS DATED AUGUST 29, 1958, AS AMENDED BY ORDERS OF SEPTEMBER 12, 1958, LIEUTENANT CORBETT WAS DETACHED FROM HIS DUTY STATION AT SAUFLEY FIELD, PENSACOLA, FLORIDA, AND DIRECTED TO REPORT TO NAVAL AIR STATION, PENSACOLA, FLORIDA, FOR TEMPORARY DUTY UNDER INSTRUCTION. UPON COMPLETION OF SUCH TEMPORARY DUTY HE WAS DIRECTED TO REPORT FOR DUTY AT REAM FIELD, IMPERIAL BEACH, CALIFORNIA. PRIOR TO HS DEPARTURE FOR CALIFORNIA HE WAS INJURED IN AN ACCIDENT WHICH RESULTED IN HIS DEATH. SINCE YOUR HOUSE WAS LEASED, YOU PUT YOUR EFFECTS IN STORAGE IN PENSACOLA, FLORIDA, WHERE THEY REMAINED UNTIL JUNE 30, 1959, FOR WHICH YOU PAID THE SUM OF $220.50. YOUR CLAIM FOR REFUND OF THIS AMOUNT WAS DISALLOWED BY SETTLEMENT DATED NOVEMBER 18, 1959, FOR THE REASON THAT THE STORAGE WAS NOT IN CONNECTION WITH A SHIPMENT OF YOUR HOUSEHOLD GOODS. IT APPEARS TO BE YOUR VIEW THAT YOUR CLAIM SHOULD BE ALLOWED BECAUSE YOU HAD TO VACATE YOUR HOUSE AS IT WAS LEASED TO ANOTHER NAVY COUPLE AND YOUR EFFECTS WERE IN STORAGE PRIOR TO YOUR HUSBAND'S DEATH.

THE TRANSPORTATION, INCLUDING TEMPORARY STORAGE, OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES AT PUBLIC EXPENSE IS GOVERNED BY STATUTE AND REGULATIONS ISSUED PURSUANT TO SUCH STATUTORY AUTHORITY. SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS THE SECRETARIES CONCERNED MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED, IN CONNECTION WITH A CHANGE OF STATION, TO ,TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS" TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY SUCH SECRETARIES. REGULATIONS PROMULGATED PURSUANT TO THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 8006-1A, IN EFFECT AT THE TIME INVOLVED, AUTHORIZES TEMPORARY STORAGE OF HOUSEHOLD EFFECTS, (1) AFTER PICK UP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH OF SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN, (2) WHILE SHIPMENT IS IN TRANSIT, AND (3) AFTER ARRIVAL OF SHIPMENT AT DESTINATION AND BEFORE DELIVERY INTO QUARTERS.

IN OUR DECISION OF MARCH 27, 1953, B-113278, 32 COMP. GEN. 410, WE HELD THAT PARAGRAPH 8006-1 OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, MUST BE INTERPRETED AS AUTHORIZING TEMPORARY STORAGE OF HOUSEHOLD EFFECTS ONLY IF NECESSARY IN CONJUNCTION WITH ONE OR MORE OF THE SEVERAL STAGES OF TRANSPORTATION SET OUT IN THE REGULATIONS. SUCH NECESSITY MUST BE CERTIFIED TO BY PROPERLY DESIGNATED AUTHORITY HAVING KNOWLEDGE OF THE FACTS AND CIRCUMSTANCES. THE STATUTE CLEARLY DID NOT AUTHORIZE TEMPORARY STORAGE AS A SERVICE SEPARATE AND DISTINCT FROM TRANSPORTATION, BUT ONLY AS AN INCIDENCE OF TRANSPORTATION. SINCE THE SALE MOVEMENT OF YOUR HOUSEHOLD EFFECTS WAS FROM RESIDENCE TO STORAGE TO RESIDENCE--- ALL WITHIN PENSACOLA, FLORIDA--- IT IS CLEAR THAT NO PART OF THE STORAGE WAS INCIDENT TO TRANSPORTATION OR SHIPMENT OF SUCH EFFECTS. IN THESE CIRCUMSTANCES, THE FACT THAT YOU HAD TO VACATE YOUR PREMISES OR THAT YOUR EFFECTS ALREADY WERE IN STORAGE DOES NOT PROVIDE US WITH A LEGAL BASIS TO ALLOW YOUR CLAIM.

WE ARE NOT UNMINDFUL OF THE UNFORTUNATE CIRCUMSTANCES WHICH NECESSITATED THE STORAGE. HOWEVER, THIS OFFICE MAY ALLOW ONLY CLAIMS WHICH ARE FOR PAYMENT IN ACCORDANCE WITH APPLICABLE LAW AND REGULATIONS. SINCE THE LAW PROVIDES THAT TEMPORARY STORAGE BE PROVIDED AT GOVERNMENT EXPENSE ONLY WHEN NECESSARY INCIDENT TO A SHIPMENT CURRENTLY IN PROCESS OR IN IMMEDIATE PROSPECT, AND SINCE YOUR HOUSEHOLD EFFECTS WERE PLACED IN STORAGE AND NOT ACTUALLY SHIPPED TO ANY OTHER POINT, WE HAVE NO LEGAL AUTHORITY TO ALLOW YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 18, 1959, WAS CORRECT AND IS SUSTAINED.