B-116854, DEC 22, 1953

B-116854, DEC 22, 1953

PRECIS-UNAVAILABLE

MR. CHARLES B. WHEELER, JR.:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 16, 1953, REQUESTING REVIEW OF THE SETTLEMENT OF JULY 28, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF PACKING, HAULING AND TEMPORARY STORAGE OF HOUSEHOLD EFFECTS DURING THE PERIOD JUNE 30 TO AUGUST 30, 1951, WHILE SERVING AS FIRST LIEUTENANT, USAFR.

BY ORDERS DATED JUNE 15, 1951, AS AMENDED JULY 3, 1951, YOU WERE RELEASED FROM DUTY AT CHARITY HOSPITAL, NEW ORLEANS, LOUISIANA, AND DIRECTED TO REPORT NOT LATER THAN JULY 5, 1951, TO RANDOLPH AIR FORCE BASE, SAN ANTONIO, TEXAS, FOR THE PURPOSE OF ATTENDING A COURSE OF INSTRUCTION OF SIX WEEKS' DURATION. BY ORDERS DATED AUGUST 16, 1951, YOU WERE RELEASED FROM SUCH DUTY AND REASSIGNED TO LUKE AIR FORCE BASE, ARIZONA, FOR DUTY. ON JUNE 30, 1951, YOUR HOUSEHOLD EFFECTS WEIGHING APPROXIMATELY 600 POUNDS WERE HAULED FROM YOUR RESIDENCE TO COMMERCIAL STORAGE IN NEW ORLEANS, WHERE THEY REMAINED UNTIL AUGUST 31, 1951. YOU NOW CLAIM REIMBURSEMENT OF THE EXPENSES SO INCURRED ON THE GROUND THAT YOUR ASSIGNMENT TO RANDOLPH AIR FORCE BASE FOR DUTY UNDER INSTRUCTION FOR A PERIOD OF SIX WEEKS CONSTITUTED A PERMANENT CHANGE OF STATION AS TO WHICH STORAGE OF EFFECTS WAS AUTHORIZED.

THE SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS GOVERNED BY PROVISIONS OF JOINT TRAVEL REGULATIONS, PARAGRAPH 8009-4G(1) OF WHICH, IN EFFECT AT THE TIME HERE INVOLVED PROVIDED THAT A MEMBER ORDERED UPON CHANGE OF STATION TO ATTEND A COURSE OF INSTRUCTION OF "NOT LESS THAN 20 WEEKS' DURATION," SHOULD BE ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS FROM THE LAST PERMANENT STATION TO SUCH SCHOOL OR TO A DESIGNATED PLACE OF STORAGE WHEN NO SERVICE STORAGE FACILITIES WERE AVAILABLE AT THE LAST PERMANENT DUTY STATION. YOUR ORDERS WERE FOR A PERIOD OF LESS THAN 20 WEEKS. SINCE THE REGULATIONS, PARAGRAPH 8006-1, AUTHORIZE TEMPORARY STORAGE OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE ONLY WHEN NECESSARY IN CONNECTION WITH ORDERS ENTITLING THE PERSONNEL CONCERNED TO TRANSPORTATION OF THE PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE OF EFFECTS NO RIGHT TO STORAGE ACCRUED TO YOU UPON RECEIPT OF THE ORDERS OF JUNE 15, 1951. HENCE, THERE IS NO LEGAL BASIS FOR REIMBURSEMENT FOR THE COST INCURRED FOR TEMPORARY STORAGE. HOWEVER, SINCE IT APPEARS THAT THE EFFECTS STORED BY YOU WERE WITHIN YOUR TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE, AND THE PACKING AND HAULING OF HOUSEHOLD EFFECTS WITHIN PRESCRIBED WEIGHT ALLOWANCE FROM QUARTERS TO STORAGE AT POINT OF ORIGIN UPON TEMPORARY CHANGE OF STATION IS AUTHORIZED BY PARAGRAPHS 8004 AND 8005 OF THE APPLICABLE REGULATIONS YOU ARE ENTITLED TO REIMBURSEMENT FOR THE COST OF SUCH SERVICES NOT TO EXCEED THE COST HAD THE GOVERNMENT PERFORMED SAME. SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.