B-116683, OCT 26, 1953

B-116683, OCT 26, 1953

PRECIS-UNAVAILABLE

MR. WILLIAM B. HENDERSON:

REFERENCE IS MADE TO YOUR LETTER DATED JUNE 2, 1953, IN EFFECT REQUESTING REVIEW OF SETTLEMENT DATED DECEMBER 2, 1952, WHEREIN YOU ARE ALLOWED THE SUM OF $32.72 ON YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF DRAYAGE TO STORAGE AND STORAGE OF YOUR HOUSEHOLD EFFECTS IN PHILADELPHIA, PENNSYLVANIA, DURING THE PERIOD AUGUST 15, 1951, TO MAY 15, 1952.

BY ORDERS DATED JULY 27, 1950, AND ENDORSEMENTS THEREON, AND ORDERS DATED SEPTEMBER 29, 1950, YOU WERE ORDERED TO ACTIVE DUTY AS AIR CONTROLMAN SECOND CLASS, UNITED STATES NAVAL RESERVE. FROM YOUR HOME, PHILADELPHIA, PENNSYLVANIA, DIRECTED TO PROCEED AND REPORT TO WILLOW GROVE, PENNSYLVANIA, FOR FURTHER ASSIGNMENT, AND THENCE TO DUTY AT AGANA, GUAM, M. I. YOU REPORTED FOR DUTY AT THE LATTER PLACE ON OCTOBER 16, 1950. ORDERS DATED APRIL 7, 1952, YOU WERE TRANSFERRED FROM DUTY AT AGANA, GUAM, TO DUTY AT ALAMEDA, CALIFORNIA. IT APPEARS THAT YOUR HOUSEHOLD EFFECTS, WEIGHING APPROXIMATELY 6,340 POUNDS, WERE HAULED FROM YOUR RESIDENCE IN PHILADELPHIA, PENNSYLVANIA, TO COMMERCIAL STORAGE IN THE SAME CITY ON AUGUST 15, 1951, AT PERSONAL EXPENSE. A RECEIPT OF ALERT STORAGE COMPANY, PHILADELPHIA, PENNSYLVANIA, ATTACHED TO YOUR CLAIM, SHOWS CHARGES PAID AS FOLLOWS: HAULING TO STORAGE, $46.10; HANDLING INTO STORAGE, $15, AND STORAGE FROM AUGUST 15, 1951, TO MAY 15, 1952, $135, A TOTAL OF $196.10, FOR WHICH AMOUNT YOU CLAIM REIMBURSEMENT. BY SETTLEMENT DATED DECEMBER 2, 1952, YOU WERE ALLOWED THE SUM OF $32.72 REPRESENTING THE COST OF HAULING YOUR AUTHORIZED WEIGHT ALLOWANCE OF 4,500 POUNDS OF HOUSEHOLD EFFECTS TO STORAGE, COMPUTED ON THE BASIS OF 4500 DIVIDED BY 6340 TIMES $46.10. ALSO, IT APPEARS THAT UPON YOUR APPLICATION DATED MAY 19, 1952, 1,720 POUNDS OF THE HOUSEHOLD EFFECTS PREVIOUSLY PLACED IN STORAGE WERE REMOVED FROM STORAGE ON JUNE 3, 1952, AND SHIPPED FROM PHILADELPHIA TO ALAMEDA, CALIFORNIA, ON GOVERNMENT BILL OF LADING NO. N-29881284, AT A COST TO THE GOVERNMENT OF $374.12, PAID ON VOUCHER NO. 121578, AUGUST 1952 ACCOUNTS OF J. E. LEWIS, SYMBOL 50-050.

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 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 THE CONCLUSION APPEARS REQUIRED THAT 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 BY 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 INITIAL MOVEMENT OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR ORDERS TO ACTIVE DUTY AND ASSIGNMENT TO DUTY OVERSEAS WAS FROM RESIDENCE TO LOCAL STORAGE IN PHILADELPHIA, PENNSYLVANIA, AND SINCE THAT PART OF THE EFFECTS WHEN MOVED SOME NINE MONTHS LATER FROM THE PLACE TO WHICH THEY WERE MOVED IN THE FIRST INSTANCE WERE SHIPPED TO ALAMEDA PROMPTLY WHEN REQUESTED BY YOU, FOLLOWING YOUR CHANGE OF STATION FROM GUAM TO ALAMEDA, IT IS CLEAR THAT NO PART OF THE STORAGE WAS INCIDENT TO ANY TRANSPORTATION OR SHIPMENT OF SUCH EFFECTS WITHIN THE MEANING OF THE APPLICABLE STATUTE AND THE REGULATIONS ISSUED PURSUANT THERETO. HENCE, THERE IS NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED FOR ANY PART OF THE STORAGE COSTS INCURRED BY YOU.

ACCORDINGLY, THE SETTLEMENT OF DECEMBER 2, 1952, IS SUSTAINED.