B-131151, APR. 22, 1957
Highlights
BY THOSE ORDERS YOU WERE TRANSFERRED FROM THE NAVAL SUPPLY CORPS SCHOOL. YOUR HOUSEHOLD EFFECTS WERE MOVED FROM YOUR RESIDENCE IN COLUMBUS. AN EXCEPTION TO THIS PAYMENT WAS RAISED IN THE DISBURSING OFFICER'S ACCOUNTS FOR THE REASON THAT THE STORAGE OF YOUR HOUSEHOLD EFFECTS WAS NOT AUTHORIZED SINCE IT WAS NOT INCIDENT TO TRANSPORTATION OF SUCH EFFECTS FROM QUARTERS AT THE OLD STATION OR OTHER LOCATION. YOUR CLAIM FOR REFUND OF THIS AMOUNT WAS DISALLOWED BY SETTLEMENT OF FEBRUARY 4. AS AUTHORITY FOR THE DISALLOWANCE OF YOUR CLAIM ARE NOT APPLICABLE TO YOU. THE TEMPORARY STORAGE OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS GOVERNED BY PARAGRAPH 8006-1A OF THE JOINT TRAVEL REGULATIONS. THIS REGULATION WAS ISSUED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949.
B-131151, APR. 22, 1957
TO LIEUTENANT LOUDIN J. BEAM, USN:
YOUR LETTER OF FEBRUARY 21, 1957, REQUESTS REVIEW OF SETTLEMENT DATED FEBRUARY 4, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE STORAGE CHARGES OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR CHANGE OF STATION ORDERS DATED MARCH 11, 1952.
BY THOSE ORDERS YOU WERE TRANSFERRED FROM THE NAVAL SUPPLY CORPS SCHOOL, NAVAL DEPOT, BAYONNE, NEW JERSEY, TO SEATTLE, WASHINGTON, FOR DUTY ON BOARD THE U.S.S. ESSEX (CV-9). ON JUNE 27, 1953, YOUR HOUSEHOLD EFFECTS WERE MOVED FROM YOUR RESIDENCE IN COLUMBUS, OHIO, TO COMMERCIAL STORAGE IN COLUMBUS, OHIO, WHERE THEY REMAINED UNTIL APRIL 1954. THE GOVERNMENT PAID THE SUM OF $87.58 FOR STORAGE FOR THE PERIOD JUNE 27 TO DECEMBER 26, 1953. AN EXCEPTION TO THIS PAYMENT WAS RAISED IN THE DISBURSING OFFICER'S ACCOUNTS FOR THE REASON THAT THE STORAGE OF YOUR HOUSEHOLD EFFECTS WAS NOT AUTHORIZED SINCE IT WAS NOT INCIDENT TO TRANSPORTATION OF SUCH EFFECTS FROM QUARTERS AT THE OLD STATION OR OTHER LOCATION, TO QUARTERS AT THE NEW DUTY STATION OR OTHER DESTINATION AS REQUIRED BY SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949. YOU REPAID THE SUM OF $87.58 TO THE GOVERNMENT. YOUR CLAIM FOR REFUND OF THIS AMOUNT WAS DISALLOWED BY SETTLEMENT OF FEBRUARY 4, 1957. IT APPEARS TO BE YOUR CONTENTION THAT THE REGULATIONS CITED IN THE SETTLEMENT OF FEBRUARY 4, 1957, AS AUTHORITY FOR THE DISALLOWANCE OF YOUR CLAIM ARE NOT APPLICABLE TO YOU.
THE TEMPORARY STORAGE OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS GOVERNED BY PARAGRAPH 8006-1A OF THE JOINT TRAVEL REGULATIONS. THIS REGULATION WAS ISSUED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, AND WAS REPRODUCED VERBATIM IN VOLUME 2, CHAPTER 9, OF THE BUREAU OF SUPPLIES AND ACCOUNTS MANUAL.
PARAGRAPH 29002 OF THAT MANUAL PROVIDES AS FOLLOWS:
"7. STORAGE.---
"A. TEMPORARY STORAGE.---
"/1) WHEN AUTHORIZED.---WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, BECAUSE OF CONDITIONS BEYOND CONTROL OF THE OWNER (INCLUDING BUT NOT LIMITED TO DIRECTED SURRENDER OF QUARTERS, ARRIVAL OF SHIPMENT AT DESTINATION BEFORE ARRIVAL OF OWNER, OR NON-AVAILABILITY OF QUARTERS AT DESTINATION) TEMPORARY STORAGE OF HOUSEHOLD GOODS WITHIN PRESCRIBED WEIGHT ALLOWANCES IS AUTHORIZED AT GOVERNMENT EXPENSE. SUCH STORAGE INCLUDES ALL NECESSARY IN AND OUT HANDLING CHARGES. GOVERNMENT FACILITIES OF THE RESPECTIVE SERVICES WILL BE USED FOR SUCH STORAGE IN ALL CASES WHEN AVAILABLE. IN CASE SUCH GOVERNMENT FACILITIES ARE NOT AVAILABLE, COMMERCIAL FACILITIES MAY BE USED. OWNERS WILL NOT ARRANGE FOR TEMPORARY STORAGE IN CONTEMPLATION OF SUBSEQUENT STORAGE UNDER PROVISIONS OF B BELOW. TEMPORARY STORAGE AT GOVERNMENT EXPENSE WILL NOT EXCEED A TOTAL OF SIX MONTHS IN CONNECTION WITH ONE PERMANENT CHANGE OF STATION AND MUST ACCRUE DURING ANY ONE OR COMBINATION OF THE FOLLOWING PERIODS:
"/A) AFTER PICK-UP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH OF SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN.
"/B) WHILE SHIPMENT IS IN TRANSIT OR EN ROUTE, AND STORAGE IS NOT FURNISHED FREE OF CHARGE BY CARRIER CONCERNED.
"/C) AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION STATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS.
"/2) EXCESS COSTS.--- STORAGE COSTS ON WEIGHT IN EXCESS OF PRESCRIBED ALLOWANCES OR FOR TIME IN EXCESS OF SIX MONTHS WILL BE BORNE BY THE OWNER. SEE ALSO PARAGRAPHS 20 AND 21 BELOW.
"/3) NOTATION ON PAYMENT VOUCHER.--- VOUCHERS COVERING PAYMENT OF COMMERCIAL STORAGE AT GOVERNMENT EXPENSE WILL BE SUPPORTED BY A CERTIFICATE OF PROPERLY DESIGNATED AUTHORITY THAT THE STORAGE IS NECESSARY.'
IN OUR DECISION OF MARCH 27, 1953, B-113278, 32 COMP. GEN. 410, WE HELD THAT PARAGRAPH 8006-1 OF THE JOINT TRAVEL REGULATIONS (PARAGRAPH 29002 OF THE BUSANDA MANUAL) 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 SAID REGULATIONS. SUCH NECESSITY MUST BE CERTIFIED TO BY PROPERLY DESIGNATED AUTHORITY HAVING KNOWLEDGE OF THE FACTS AND CIRCUMSTANCES. A MERE REQUEST BY AN OWNER THAT HIS EFFECTS BE PLACED IN STORAGE PENDING SUCH FUTURE DISPOSITION AS HE MAY DESIRE DOES NOT COME WITHIN THE SCOPE OF THE REGULATIONS. THIS DECISION WAS BASED ON THE FUNDAMENTAL RULE THAT REGULATIONS OF EXECUTIVE DEPARTMENTS MUST NOT BE INCONSISTENT WITH LAW. THE STATUTE CLEARLY DID NOT AUTHORIZE TEMPORARY STORAGE AS A SERVICE SEPARATE AND DISTINCT FROM TRANSPORTATION, BUT ONLY AS AN INCIDENT OF TRANSPORTATION. THE SOLE MOVEMENT OF YOUR HOUSEHOLD GOODS INCIDENT TO YOUR ORDERS OF MARCH 11, 1952, WAS FROM YOUR RESIDENCE TO LOCAL STORAGE, AND, THEREFORE, IT IS CLEAR THAT NO PART OF THE STORAGE WAS INCIDENT TO ANY TRANSPORTATION OR SHIPMENT OF SUCH EFFECTS. HENCE, NOTWITHSTANDING THE FACT THAT THE COMMERCIAL STORAGE OF YOUR EFFECTS WAS PROCURED IN GOOD FAITH AND IN COMPLIANCE WITH THE ADMINISTRATIVE INTERPRETATION OF THE REGULATIONS, WE ARE WITHOUT AUTHORITY TO ALLOW YOUR CLAIM. SEE 34 COMP. GEN. 45, COPY ENCLOSED.
ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 4, 1957, WAS CORRECT AND IS SUSTAINED.