B-162721, DEC. 4, 1967

B-162721, DEC. 4, 1967

TRANSPORTATION - HOUSEHOLD EFFECTS - MILITARY PERSONNEL - LATE DELIVERY DECISION TO AIR FORCE MEMBER DENYING CLAIM FOR RENT AND MISCELLANEOUS EXPENSES DUE TO LATE DELIVERY OF HOUSEHOLD EFFECTS FROM OVERSEAS. MEMBER WHO INCURRED ADDITIONAL LIVING EXPENSES AS RESULT OF IMPROPER HANDLING OF HOUSEHOLD GOODS WHICH HAD BEEN STOPPED WHEN ON-BASE HOUSING WAS NOT AVAILABLE MAY NOT BE REIMBURSED FOR ADDITIONAL EXPENSES. SINCE OTHER MEMBERS IN SIMILAR SITUATIONS ARE SUBJECT TO SAME LAWS AND REGULATIONS AND OCCASIONAL FINANCIAL BURDENS RESULTING FROM THOSE LAWS, CLAIM DOES NOT CONTAIN SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY TO WARRANT REPORTING TO CONGRESS AS MERITORIOUS CLAIM.

TO STAFF SERGEANT VERNELL BURRIS, AS17383556:

FURTHER REFERENCE IS MADE TO YOUR COMMUNICATION DATED JUNE 23, 1967, CONCERNING YOUR CLAIM FOR RENT AND OTHER EXPENSES INCURRED AS A RESULT OF LATE DELIVERY OF YOUR HOUSEHOLD GOODS TO YOUR OVERSEAS STATION, WHICH HAS BEEN RETURNED BY THE DEPARTMENT OF THE AIR FORCE TO OUR OFFICE FOR CONSIDERATION UNDER THE MERITORIOUS CLAIMS ACT OF 1928, 31 U.S.C. 236.

IT APPEARS THAT YOUR HOUSEHOLD GOODS WERE PICKED UP AT OMAHA, NEBRASKA, IN AUGUST 1966, AND PREPARED FOR SHIPMENT TO RAF UPPER HEYFORD, ENGLAND. ON REPORTING TO YOUR NEW ASSIGNMENT, HOWEVER, YOU WERE ADVISED THAT ON- BASE HOUSING WOULD NOT BE AVAILABLE TO YOU AND YOU ATTEMPTED TO STOP SHIPMENT ON YOUR HOUSEHOLD GOODS. YOU THEN SOUGHT FURNISHED OFF-BASE HOUSING, REQUESTING THAT YOUR HOUSEHOLD GOODS BE PLACED IN NONTEMPORARY STORAGE. YOU WERE LATER INFORMED THAT YOUR PROPERTY WAS DUE TO ARRIVE IN UPPER HEYFORD BY SEPTEMBER 30, 1966. THE AIR FORCE REPORTS THAT, ON THE ASSUMPTION NO ACTION WAS TAKEN ON YOUR REQUEST TO STOP SHIPMENT, IT WAS SUGGESTED THAT YOU ATTEMPT TO LOCATE UNFURNISHED HOUSING TO ACCOMMODATE THE SHIPMENT. YOU RENTED A HOUSE BUT THE SHIPMENT OF HOUSEHOLD GOODS HAD IN FACT BEEN STOPPED AND WAS NOT RECEIVED BY YOU UNTIL ON OR ABOUT JANUARY 10, 1967.

WHILE THE RECORD SUPPORTS A CONCLUSION THAT YOU INCURRED ADDITIONAL LIVING EXPENSES AS A RESULT OF THE IMPROPER HANDLING OF YOUR HOUSEHOLD GOODS, THE LIABILITY OF THE GOVERNMENT IS LIMITED TO THAT PROVIDED BY THE LAW AND REGULATIONS. WE ARE NOT AWARE OF ANY PROVISION OF LAW OR REGULATION AUTHORIZING PAYMENT TO YOU OF ANY AMOUNT FOR EXPENSES INCURRED ON ACCOUNT OF THE LATE DELIVERY OF YOUR HOUSEHOLD GOODS.

OTHER MEMBERS OF THE UNIFORMED SERVICES IN SITUATIONS SIMILAR TO YOURS ARE SUBJECT TO THE SAME LAWS AND REGULATIONS AND OCCASIONAL FINANCIAL BURDENS RESULTING FROM THOSE LAWS AND REGULATIONS. HENCE, WE DO NOT CONSIDER THAT YOUR CLAIM CONTAINS SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS WOULD WARRANT REPORTING IT TO THE CONGRESS UNDER THE MERITORIOUS CLAIMS ACT OF 1928. ACCORDINGLY, NO ACTION WILL BE TAKEN TO REPORT YOUR CLAIM TO THE CONGRESS UNDER THAT ACT.