B-120313, OCT 19, 1954

B-120313, OCT 19, 1954

PRECIS-UNAVAILABLE

THOMAS A. SAUNDERS, M.D.:

REFERENCE IS MADE TO YOUR LETTER OF MAY 7, 1954, REQUESTING REVIEW OF SETTLEMENT DATED APRIL 28, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF PACKING, STORAGE, AND SHIPMENT OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AS CAPTAIN, ARMY OF THE UNITED STATES.

BY ORDERS DATED MAY 26, 1952, YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT JOLIET, ILLINOIS, AND ASSIGNED TO FORT SHERIDAN, ILLINOIS, FOR PROCESSING FOR RELEASE FROM ACTIVE DUTY. BY ORDERS DATED JUNE 20, 1952, YOU WERE RELEASED FROM ACTIVE DUTY AND DIRECTED TO PROCEED TO CHICAGO, ILLINOIS, YOUR HOME OF RECORD, TO ARRIVE NOT LATER THAN JUNE 21, 1952. YOUR PERMANENT MAILING ADDRESS WAS SHOWN IN THESE ORDERS AS "C/O GENERAL ELECTRIC CO 235 MONTGOMERY ST SAN FRANCISCO CALIF." AS A RESULT OF YOUR REQUEST THAT YOUR GOODS AND PERSONAL EFFECTS BE PLACED IN STORAGE ABOUT JUNE 19, 1952, SINCE, DUE TO A POSSIBILITY OF A CHANGE OF EMPLOYMENT, OR ADDITIONAL TRAINING AND REASSIGNMENT BY YOUR FORMER EMPLOYER, THE LOCATION OF YOUR NEW RESIDENCE WAS NOT KNOWN, YOUR HOUSEHOLD EFFECTS WEIGHING 4,470 POUNDS WERE PACKED AND HAULED TO STORAGE IN JOLIET, ILLINOIS, ON JUNE 20, 1952, AT A NET COST TO THE GOVERNMENT OF $207.07, INCLUDING STORAGE FOR TWO MONTHS, PAID ON VOUCHER NO. 13793, AUGUST 1952 ACCOUNTS OF P. R. KENNEDY. YOUR EFFECTS WERE REMOVED FROM STORAGE ON AUGUST 27, 1952, AND SHIPPED BY VAN TO LOS ANGELES, CALIFORNIA, AT A COST OF $736.86 PAID BY YOUR EMPLOYER, THE GENERAL ELECTRIC COMPANY, AS SHOWN BY THE RECEIPTED FREIGHT BILL SUBMITTED IN SUPPORT OF YOUR CLAIM.

UNDER THE PROVISIONS OF THE REGULATIONS GOVERNING SHIPMENT AT GOVERNMENT EXPENSE OF HOUSEHOLD EFFECTS OF MILITARY PERSONNEL INCIDENT TO ORDERED CHANGES OF STATION, RESERVE OFFICERS RELEASED FROM ACTIVE DUTY ARE ENTITLED TO REIMBURSEMENT FOR EXPENSES INCURRED BY THEM IN SHIPPING HOUSEHOLD EFFECTS WITHIN AUTHORIZED WEIGHT ALLOWANCES NOT TO EXCEED THE COST OF SHIPPING A LIKE WEIGHT OF EFFECTS FROM THE PLACE WHERE LOCATED TO THE HOME OF RECORD OR FROM THE LAST DUTY STATION OR A PREVIOUS DUTY STATION UNDER A COMBINATION OF ORDERS TO THE HOME OF RECORD. CLAIMS CONCERNING SHIPMENT OF HOUSEHOLD EFFECTS ARE SETTLED ON A REIMBURSEMENT BASIS AND NOT ON A COMMUTATION BASIS. THE RECORD BEFORE THIS OFFICE SHOWS THAT YOU HAVE BORNE NO EXPENSE IN THE SHIPMENT OF YOUR EFFECTS, THE FREIGHT CHARGES HAVING BEEN PAID BY YOUR EMPLOYER, APPARENTLY AS A CONDITION OF YOUR EMPLOYMENT. THEREFORE, THE ACTION TAKEN ON YOUR CLAIM WAS CORRECT.

FURTHERMORE, TEMPORARY STORAGE OF A MEMBER'S HOUSEHOLD EFFECTS WITHIN THE MEANING OF THE STATUTORY AUTHORITY FOR SUCH STORAGE AT GOVERNMENT EXPENSE IS LIMITED, IN GENERAL, TO PERIODS OF STORAGE NECESSITATED BY CONDITIONS ARISING DURING THE COURSE OF A SHIPMENT ACTUALLY IN PROGRESS, AS CERTIFIED BY THE APPROPRIATE AUTHORITY OF THE BRANCH OF THE SERVICE CONCERNED. SUCH STORAGE MAY NOT BE FURNISHED MERELY UPON THE REQUEST OF AN OWNER WHO, FOR PERSONAL REASONS, CHOOSES TO DELAY SHIPMENT OF HIS EFFECTS. THIS BEING THE CASE, IT IS NOT CLEAR THAT THE REASONS ASSIGNED BY YOU IN REQUESTING THAT YOUR EFFECTS BE STORED WERE SUFFICIENT TO ENTITLE YOU TO SUCH STORAGE AS TEMPORARY STORAGE AT GOVERNMENT EXPENSE. HENCE, EVEN IF IT SHOULD BE SHOWN THAT YOU PERSONALLY PAID ANY PART OF THE COST OF TRANSPORTING YOUR EFFECTS INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY, IT IS DOUBTFUL THAT REIMBURSEMENT IN ANY AMOUNT COULD BE AUTHORIZED SINCE, ON THE BASIS OF CONSTRUCTIVE COSTS REPORTED BY THE DEPARTMENT OF THE ARMY, THE AMOUNT ALREADY PAID BY THE GOVERNMENT IS IN EXCESS OF THE COSTS WHICH, EXCLUSIVE OF TEMPORARY STORAGE DURING COURSE OF SHIPMENT, NORMALLY WOULD HAVE BEEN INCURRED IN SHIPPING 4,470 POUNDS OF HOUSEHOLD EFFECTS FROM JOLIET TO CHICAGO.

ACCORDINGLY, THE SETTLEMENT OF APRIL 28, 1954, IS SUSTAINED.