B-125450, JUN. 22, 1956

B-125450: Jun 22, 1956

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TO HAVE YOUR HOUSEHOLD EFFECTS HAULED FROM YOUR RESIDENCE IN SYRACUSE. SINCE COMMERCIAL STORAGE OF YOUR HOUSEHOLD EFFECTS WAS NOT AUTHORIZED. 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. YOU WERE REQUESTED TO REMIT $132. IN YOUR PRESENT LETTER YOU STATE THAT YOU DID NOT EXECUTE AN APPLICATION TO HAVE YOUR HOUSEHOLD EFFECTS HAULED FROM RESIDENCE TO STORAGE. ENCLOSED IS A COPY OF YOUR APPLICATION DATED MAY 14. THE APPLICATION IS REQUIRED BY PARAGRAPH 8051. THE FACT THAT YOU HAVE ALREADY BORNE A PORTION OF THE COST DOES NOT RELIEVE YOU OF YOUR OBLIGATION TO PAY THE BALANCE. IS AFFIRMED.

B-125450, JUN. 22, 1956

TO LIEUTENANT COLONEL WAYNAND J. FRIOS:

YOUR LETTER OF MAY 4, 1956, REFERS FURTHER TO YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS FROM NOVEMBER 21, 1952, TO JULY 12, 1955, AND TO YOUR INDEBTEDNESS TO THE UNITED STATES ARISING FROM SUCH STORAGE.

IN OUR DECISION TO YOU, B-125450, DATED MAY 1, 1956, WE STATED THAT, BASED ON ORDERS DATED MARCH 17, 1952, ASSIGNING YOU TO DUTY OVERSEAS, 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. WE FURTHER STATED THAT, SINCE COMMERCIAL STORAGE OF YOUR HOUSEHOLD EFFECTS WAS NOT AUTHORIZED, 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. ACCORDINGLY, YOU WERE REQUESTED TO REMIT $132, REPRESENTING THE COST OF THE LATTER STORAGE AND RELATED CHARGES. IN YOUR PRESENT LETTER YOU STATE THAT YOU DID NOT EXECUTE AN APPLICATION TO HAVE YOUR HOUSEHOLD EFFECTS HAULED FROM RESIDENCE TO STORAGE; THAT YOU SIMPLY TURNED THE WHOLE MATTER OF STORAGE OVER TO THE TRANSPORTATION OFFICER, ROCHESTER ORDNANCE DISTRICT, AND, THEREFORE, THAT YOU SHOULD NOT BE REQUIRED TO REMIT THE COST INCURRED. ALSO, YOU EXPRESS THE OPINION THAT, SINCE YOU PAID FOR STORAGE BEYOND THE SIX-MONTH PERIOD, YOU SHOULD BE RELIEVED OF THE CHARGES INCURRED DURING THAT PERIOD.

ENCLOSED IS A COPY OF YOUR APPLICATION DATED MAY 14, 1952, REQUESTING THE TRANSPORTATION OFFICER, ROCHESTER ORDNANCE DISTRICT, ROCHESTER, NEW YORK, TO SHIP YOUR HOUSEHOLD EFFECTS FROM 105 HANCOCK DRIVE, SYRACUSE, NEW YORK, TO KING STORAGE WAREHOUSE, SYRACUSE, NEW YORK, BASED ON ORDERS DATED MARCH 17, 1952, ASSIGNING YOU TO DUTY AT FAR EAST COMMAND, YOKOHAMA, JAPAN. THE APPLICATION IS REQUIRED BY PARAGRAPH 8051, JOINT TRAVEL REGULATIONS, TO INITIATE ANY MOVEMENT OF HOUSEHOLD EFFECTS. IN EXECUTING SUCH APPLICATION YOU CERTIFIED THAT YOU WOULD PAY ALL HANDLING, STORAGE OR OTHER COSTS NOT AUTHORIZED BY REGULATIONS, AND THAT UPON RECEIPT OF A STATEMENT SHOWING EXCESS COSTS, YOU WOULD REMIT AN AMOUNT SUFFICIENT TO COVER SUCH COSTS. THUS, IT SEEMS CLEAR THAT YOU EXECUTED AN APPLICATION INITIATING THE ACTION OF THE TRANSPORTATION OFFICER IN MOVING YOUR EFFECTS FROM YOUR RESIDENCE TO COMMERCIAL STORAGE, AND THAT YOU AGREED TO PAY THE EXCESS COST INCURRED. THE FACT THAT YOU HAVE ALREADY BORNE A PORTION OF THE COST DOES NOT RELIEVE YOU OF YOUR OBLIGATION TO PAY THE BALANCE.

SINCE YOUR LETTER PRESENTS NO EVIDENCE OR FACTS NOT PREVIOUSLY CONSIDERED, THE DECISION OF MAY 1, 1956, IS AFFIRMED.

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