B-107346, JUN 19, 1952

B-107346, JUN 19, 1952

PRECIS-UNAVAILABLE

LIEUTENANT H. C. LANGPAP, USNR:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 11, 1951, REQUESTING REVIEW OF SETTLEMENT DATED SEPTEMBER 26, 1951, WHEREIN YOU WERE ALLOWED THE SUM OF $47.74 ON YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED IN CONNECTION WITH PACKING AND HAULING HOUSEHOLD EFFECTS TO STORAGE DURING OCTOBER 1950, INCIDENT TO ACTIVE DUTY ORDERS OF SEPTEMBER 23, 1950.

ORDERS FROM THE CHIEF OF NAVAL PERSONNEL DATED SEPTEMBER 23, 1950, ADDRESSED TO YOU AT MINNEAPOLIS, MINNESOTA, VIA THE COMMANDANT, NINTH NAVAL DISTRICT, ORDERED YOU, IF FOUND PHYSICALLY QUALIFIED, TO PROCEED TO THE NAVAL STATION, SAN DIEGO, CALIFORNIA, IN ORDER TO REPORT TO THE COMMANDER, SAN DIEGO GROUP, PACIFIC RESERVE FLEET, ON OR BEFORE OCTOBER 20, 1950, FOR TEMPORARY ACTIVE DUTY IN CONNECTION WITH THE REACTIVATION OF THE U.S.S. LST 1141, AND FOR DUTY ON BOARD THAT VESSEL WHEN PLACED IN COMMISSION. ENDORSEMENTS ON SUCH ORDERS SHOW THAT YOU REPORTED AT SAN DIEGO, CALIFORNIA, ON OCTOBER 20, 1950, AND THAT YOU REPORTED FOR DUTY ABOARD THE U.S.S. LST 1141, ON NOVEMBER 3, 1950. YOUR HOME ADDRESS AT THE TIME YOU WERE CALLED TO ACTIVE DUTY IS SHOWN AS DULUTH, MINNESOTA. APPEARS THAT ON OCTOBER 25 AND 26, 1950, UPON BEING INFORMED THAT NO GOVERNMENT FACILITIES FOR NON-TEMPORARY STORAGE OF YOUR EFFECTS WERE AVAILABLE EITHER AT MINNEAPOLIS, MINNESOTA, OR GREAT LAKES, ILLINOIS, HOUSEHOLD EFFECTS OWNED BY YOU WEIGHING APPROXIMATELY 3,850 POUNDS WERE PACKED AND HAULED FROM YOUR RESIDENCE IN DULUTH, MINNESOTA, TO COMMERCIAL STORAGE IN THE SAME CITY, AT PERSONAL EXPENSE. A RECEIPT OF THE DULUTH VAN & STORAGE COMPANY, ATTACHED TO YOUR CLAIM, SHOWS CHARGES PAID AS FOLLOWS: PACKING AND HAULING TO STORAGE $47.74, WRAPPING AND PREPARING FOR STORAGE $8.75, HANDLING IN AND OUT $14.00, AND STORAGE FROM OCTOBER 26, 1950, TO APRIL 26, 1951, $42.00, A TOTAL OF $112.49. ALSO YOU STATED THAT YOUR WIFE HIRED A TRAILER AND MEN TO MOVE CERTAIN PERSONAL EFFECTS FROM DULUTH, MINNESOTA, TO MANKATO, MINNESOTA, AT PERSONAL EXPENSE OF $28.50 FOR TRAILER RENTAL, GASOLINE AND MEALS. HOWEVER, YOU FURNISHED NO RECEIPTED BILLS COVERING THE EXPENSES SO INCURRED, NOR DID YOU FURNISH ANY EVIDENCE OF THE WEIGHT OF SUCH EFFECTS. OF THE TOTAL AMOUNT OF $140.99 CLAIMED YOU WERE ALLOWED BY THE SETTLEMENT OF SEPTEMBER 26, 1951, THE AMOUNT OF $47.74 REPRESENTING THE COST OF PACKING AND HAULING HOUSEHOLD EFFECTS TO STORAGE IN DULUTH, MINNESOTA. IN YOUR LETTER OF DECEMBER 11, 1951, YOU CONTEND, IN SUBSTANCE, THAT INCIDENT TO THE ORDERS AND ENDORSEMENTS THEREON, UNDER WHICH YOU WERE CALLED TO ACTIVE DUTY AND ASSIGNED TO SEA DUTY, YOU ARE ENTITLED TO REIMBURSEMENT OF THE CHARGES FOR PREPARING YOUR HOUSEHOLD EFFECTS FOR STORAGE, HANDLING IN STORAGE, AND STORAGE CHARGES FOR SIX MONTHS. AS TO THE AMOUNT CLAIMED FOR MOVING EFFECTS BY TRAILER FROM DULUTH, MINNESOTA, TO MANKATO, MINNESOTA, YOU STATE THAT YOU DO NOT HAVE RECEIPTS SHOWING PAYMENT OF THE EXPENSES INCURRED FOR TRAILER RENTAL, GASOLINE, ETC.

AT THE TIME HERE INVOLVED THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF NAVAL PERSONNEL AT GOVERNMENT EXPENSE WAS GOVERNED BY REGULATIONS ISSUED IN EXECUTIVE ORDER 10053, DATED APRIL 20, 1949, EFFECTIVE FEBRUARY 1, 1949, PURSUANT TO THE PROVISION IN SECTION 205(A) OF THE ACT OF AUGUST 2, 1946, 60 STAT. 853, 858, THAT MEMBERS OF THE UNIFORMED SERVICES UPON CHANGES OF STATION "SHALL BE ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD GOODS AND EFFECTS, OR REIMBURSEMENT THEREFOR" AS AUTHORIZED IN REGULATIONS PRESCRIBED BY THE HEADS OF THE SEVERAL DEPARTMENTS AND APPROVED BY THE PRESIDENT. PARAGRAPH 7-A (1) OF SUCH REGULATIONS AUTHORIZES TEMPORARY STORAGE OF HOUSEHOLD EFFECTS, (A) AFTER PICK UP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH OF SHIPMENT, (B) WHILE SHIPMENT IS IN TRANSIT, AND (C) AFTER ARRIVAL OF SHIPMENT AT DESTINATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS.

IT IS EVIDENT THAT THE RIGHT TO TEMPORARY STORAGE OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE CONTEMPLATED BY THE ABOVE-REFERRED TO STATUTE AND REGULATIONS DOES NOT ARISE SIMPLY UPON RECEIPT OF CHANGE OF STATION ORDERS AS A RESULT OF WHICH HOUSEHOLD EFFECTS ARE PLACED IN STORAGE BUT THAT IT IS LIMITED TO THE STORAGE FOR WHICH A NECESSITY ARISES DURING THE COURSE OF THE TRANSPORTATION OF SUCH EFFECTS INCIDENT TO SUCH ORDERS. THUS, WHERE THE DESIRED MOVEMENT OF HOUSEHOLD EFFECTS INCIDENT TO A CHANGE OF STATION IS FULLY COMPLETED, I.E., FROM POINT OF ORIGIN TO FINAL DESTINATION, WITHOUT ANY NECESSITY ARISING FOR TEMPORARY STORAGE NO REIMBURSEMENT FOR COMMERCIAL STORAGE IS AUTHORIZED EVEN THOUGH IT MAY BE THAT THE OWNER THEREAFTER INCURS SUCH EXPENSES. SINCE THE SOLE MOVEMENT OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR ORDERS TO ACTIVE DUTY OF SEPTEMBER 23, 1950, WAS FROM RESIDENCE TO LOCAL STORAGE - WHERE IT APPEARS THEY STILL ARE - NO TEMPORARY STORAGE INCIDENT TO THE TRANSPORTATION OF THE EFFECTS WAS INVOLVED AND THERE IS, THEREFORE, NO LEGAL BASIS UPON WHICH YOUR CLAIM FOR STORAGE EXPENSES MAY BE ALLOWED.

WITH RESPECT TO THAT PART OF YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED BY YOU FOR TRAILER RENTAL, GASOLINE, LABOR, ETC., INCIDENT TO THE MOVING OF PERSONAL EFFECTS FROM DULUTH, MINNESOTA, TO MANKATO, MINNESOTA, YOU ARE ADVISED THAT PARAGRAPH 22-A OF THE SAID REGULATIONS PROVIDES AS FOLLOWS:

"THE REIMBURSEMENT OF INDIVIDUALS WHO HAVE SHIPPED THEIR HOUSEHOLD GOODS AT THEIR PERSONAL EXPENSE IS NOT ORDINARILY AUTHORIZED. EXCEPT FOR SHIPMENTS LIKELY TO INVOLVE EXCESS COSTS UPON SEPARATION FROM ACTIVE DUTY OF PERSONS WHO WILL NOT THEREAFTER BE IN A PAY STATUS OF THE SERVICE CONCERNED (WHICH SHIPMENTS AT PERSONAL EXPENSE AND REIMBURSEMENT THEREFOR ARE DIRECTED IN PAR. 15 E ABOVE), SHIPMENTS OF HOUSEHOLD GOODS WILL ORDINARILY BE MADE THROUGH A SHIPPING OFFICER. IN CASE AN EMERGENCY OR OTHER COMPELLING REASON EXISTED FOR FAILURE TO HAVE THE SHIPPING OFFICER ARRANGE FOR SHIPMENT OF THE HOUSEHOLD GOODS, THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED MAY RATIFY THE SHIPMENT AND DIRECT REIMBURSEMENT OF TRANSPORTATION CHARGES TO THE OWNER."

AND PARAGRAPH 22-C THEREOF REQUIRES THAT SUCH CLAIMS FOR REIMBURSEMENT BE SUPPORTED BY RECEIPTED BILLS FOR PAYMENT OF PACKING, CRATING, HAULING AND UNPACKING, AND A COPY OF THE COMMERCIAL BILL OF LADING SHOWING THE WEIGHT SHIPPED, AMOUNT OF CHARGES PAID, AND SIGNATURE OF CARRIER'S AGENT. THUS, THE REGULATIONS, WHICH CONTEMPLATE THAT SHIPMENT UPON THE OWNER'S OWN RESPONSIBILITY WILL BE BY COMMON CARRIER, PROVIDE FOR REIMBURSEMENT ON THE BASIS OF PROPERLY RECEIPTED BILLS. NO PROVISION IS MADE IN THE REGULATIONS FOR REIMBURSEMENT OF EXPENSES INCURRED BY ARMED FORCES PERSONNEL IN MOVING HOUSEHOLD EFFECTS BY PRIVATELY OWNED CONVEYANCE, NOR IS THERE AUTHORITY ELSEWHERE FOR SUCH REIMBURSEMENT OTHER THAN ON THE BASIS OF EXPENSES ACTUALLY INCURRED. SINCE YOU HAVE NOT SUBMITTED, IN SUPPORT OF YOUR CLAIM, ANY EVIDENCE SHOWING THE EXPENSES INCURRED BY YOU IN MOVING YOUR HOUSEHOLD EFFECTS FROM DULUTH, MINNESOTA, TO MANKATO, MINNESOTA, OR THE WEIGHT OF THE EFFECTS MOVED, THERE IS NO BASIS FOR DETERMINING WHAT AMOUNT, IF ANY, YOU MAY BE ENTITLED TO ON SUCH CLAIM.

ACCORDINGLY, ON THE PRESENT RECORD, THERE IS NO AUTHORITY FOR PAYMENT OF ANY ADDITIONAL AMOUNT ON YOUR CLAIM, AND ON THE ABOVE BASIS THE SETTLEMENT OF SEPTEMBER 26, 1951, IS SUSTAINED.

WITH RESPECT TO YOUR INQUIRY AS TO CASHING THE CHECK WHICH ISSUED UNDER THE SETTLEMENT OF SEPTEMBER 26, 1951, YOU ARE ADVISED THAT SAID CHECK MAY BE NEGOTIATED BY YOU WITHOUT PREJUDICE TO YOUR RIGHTS IN THE MATTER.