B-116490, OCT 16, 1953

B-116490, OCT 16, 1953

PRECIS-UNAVAILABLE

THOMAS R. BUMP, LIEUTENANT (JG), USMR:

REFERENCE IS MADE TO YOUR LETTER OF JULY 13, 1953, REQUESTING REVIEW OF SETTLEMENT DATED JUNE 29, 1953, WHEREIN YOU WERE ALLOWED THE SUM OF $47.50 ON YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF DRAYAGE TO STORAGE, STORAGE OF YOUR HOUSEHOLD EFFECTS IN LAFAYETTE, INDIANA, AND HAULING OF A PART OF YOUR EFFECTS TO MILFORD, ILLINOIS, DURING THE PERIOD OCTOBER 24, 1951, TO APRIL 24, 1952.

IT APPEARS THAT UPON REPORTING FOR ACTIVE DUTY ON OCTOBER 22, 1951, FOR EVENTUAL DUTY ABOARD THE U. S. S. LAFFEY (DD-724), YOUR HOUSEHOLD EFFECTS WEIGHING APPROXIMATELY 3,450 POUNDS WERE HAULED FROM RESIDENCE TO STORAGE IN LAFAYETTE, INDIANA, ON OCTOBER 24, 1951, AT PERSONAL EXPENSE, AND THAT THEREAFTER ON JANUARY 11, 1952, 1,000 POUNDS OF THE EFFECTS WERE REMOVED FROM STORAGE AND HAULED TO MILFORD, ILLINOIS, AT PERSONAL EXPENSES. RECEIPTED BILLS OF THE ARDAPPLE STORAGE & MOVING CO. INC., LAFAYETTE, INDIANA, ATTACHED TO YOUR CLAIM, SHOW CHARGES PAID BY YOU AS FOLLOWS: DRAYAGE TO STORAGE $47.50; TRANSPORTATION TAX $0.81; WRAPPING $10; INSURANCE $1,80; STORAGE FROM OCTOBER 24, 1951, TO APRIL 24, 1952, $42, DRAYAGE FROM STORAGE $28.20, AND TAX $0.85, A TOTAL OF $131.16, FOR WHICH AMOUNT YOU CLAIM REIMBURSEMENT. BY SETTLEMENT DATED JUNE 29, 1953, YOU WERE ALLOWED THE SUM $47.50 REPRESENTING THE COST OF HAULING HOUSEHOLD EFFECTS TO STORAGE IN LAFAYETTE, INDIANA.

WHILE BUREAU OF SUPPLIES AND ACCOUNTS NAVSANDA PUBLICATION NO. 260, REFERRED TO BY YOU, APPARENTLY INTENDED AS AN INTERPRETATION OF THE REGULATIONS IN EFFECT ON JANUARY 14, 1952, CONTAINS CERTAIN GENERAL INFORMATION RELATIVE TO THE RIGHTS OF NAVAL PERSONNEL TO SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE UPON DIRECTED CHANGES OF STATION, SUCH PUBLICATION IN NO WAY CONSTITUTES THE OFFICIAL REGULATIONS OF THE DEPARTMENT OF THE NAVY GOVERNING THE SHIPMENT AND STORAGE AT GOVERNMENT EXPENSE OF HOUSEHOLD EFFECTS OF NAVAL PERSONNEL. SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A CHANGE OF STATION SHALL BE ENTITLED TO "TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS, OR OR REIMBURSEMENT THEREFOR," TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. IT IS TO BE NOTED THAT THE ABOVE-CITED ACT PROVIDES ONLY THAT, IN CONNECTION WITH A CHANGE OF STATION, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRANSPORTATION OF THEIR HOUSEHOLD EFFECTS TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, OR TO REIMBURSEMENT THEREFOR, ENUMERATING PARENTHETICALLY CERTAIN ITEMS OF EXPENSE ORDINARILY INCURRED INCIDENT TO THE SHIPMENT OF HOUSEHOLD EFFECTS SUCH AS CRATING, PACKING AND UNPACKING, AMONG WHICH IS INCLUDED "TEMPORARY STORAGE." THUS, IT IS EVIDENT THAT THE CONGRESS INTENDED THAT TEMPORARY STORAGE SHOULD BE FURNISHED ONLY WHEN NECESSARY AS INCIDENT TO A SHIPMENT CURRENTLY IN PROCESS OR IN IMMEDIATE PROSPECT. CF. 22 COMP. GEN. 478,483. REGULATIONS ISSUED PURSUANT TO THE PROVISIONS OF SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, SUPRA, ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS, PARAGRAPH 8006-1A OF WHICH AUTHORIZES TEMPORARY STORAGE OF HOUSEHOLD EFFECTS (1) AFTER PICKUP 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 VIEW OF THE FOREGOING, SAID PARAGRAPH 8006-1A OF THE JOINT TRAVEL REGULATIONS, EFFECTIVE APRIL 1, 1951, IMPLEMENTING THE AUTHORITY FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS INCIDENT TO THE TRANSPORTATION THEREOF CONTAINED IN THE SAID SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, MUST BE INTERPRETED AS AUTHORIZING TEMPORARY STORAGE OF HOUSEHOLD EFFECTS AT PUBLIC EXPENSE ONLY WHEN NECESSARY IN CONJUNCTION WITH ONE OR MORE OF THE SEVERAL STAGES OF TRANSPORTATION SET OUT IN SAID REGULATIONS, SUCH NECESSITY TO BE CERTIFIED TO BE PROPERLY DESIGNATED AUTHORITY HAVING KNOWLEDGE OF THE FACTS BEYOND CONTROL OF THE OWNER OF THE EFFECTS WHICH GIVE RISE TO THE STORAGE, WHICH CIRCUMSTANCES, INTER ALIA, WOULD NOT INCLUDE A MERE REQUEST BY AN OWNER THAT HIS EFFECTS BE PLACED IN STORAGE PENDING SUCH FUTURE DISPOSITION AS HE MAY DESIRE.

ACCORDINGLY, SINCE THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS INITIATED ON OCTOBER 24, 1951, INCIDENT TO YOUR ORDERS TO ACTIVE DUTY AND ASSIGNMENT TO DUTY ABOARD THE U. S. S. LAFFEY (DD-724), WAS FROM RESIDENCE TO LOCAL STORAGE IN LAFAYETTE, INDIANA, IT IS CLEAR THAT NO PART OF THE STORAGE WAS INCIDENT TO ANY TRANSPORTATION OR SHIPMENT OF SUCH EFFECTS. HENCE, THERE IS NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED AS FOR TEMPORARY STORAGE FOR ANY PART OF THE STORAGE COSTS OR WRAPPING CHARGES INCURRED BY YOU. HOWEVER, YOU ARE ENTITLED TO REIMBURSEMENT FOR TRANSPORTATION OF 1,000 POUNDS OF EFFECTS REMOVED FROM STORAGE AT YOUR HOME OF RECORD, WITH NO DIMINUTION IN THE MONTHLY STORAGE CHARGES BEING PAID BY YOU, AND HAULED TO RESIDENCE AT MILFORD, ILLINOIS, ON JANUARY 11, 1952. A SETTLEMENT FOR THE AMOUNT FOUND TO BE DUE YOU AS REIMBURSEMENT FOR SUCH HAULING WILL ISSUE IN DUE COURSE.

THERE IS NO AUTHORITY UNDER THE REGULATIONS FOR REIMBURSEMENT OF THE CHARGES FOR INSURANCE ON YOUR HOUSEHOLD EFFECTS.