B-121731, FEB 3, 1955

B-121731, FEB 3, 1955

PRECIS-UNAVAILABLE

SHELBY W. SMITH:

REFERENCE IS MADE TO YOUR LETTER POSTMARKED SEPTEMBER 10, 1954, REQUESTING REVIEW OF SETTLEMENT DATED APRIL 27, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR SERVICE AS A LIEUTENANT, UNITED STATES NAVAL RESERVE.

BY ORDERS DATED SEPTEMBER 16, 1952, AS MODIFIED, YOU WERE ORDERED TO ACTIVE DUTY AS A LIEUTENANT (JG), UNITED STATES NAVAL RESERVE, FROM YOUR HOME, WEST JACKSON, MISSISSIPPI, AND ASSIGNED TO TEMPORARY DUTY AT DALLAS, TEXAS, AND THENCE TO DUTY AT SAN DIEGO, CALIFORNIA. YOUR HOUSEHOLD EFFECTS WEIGHING 5,670 POUNDS WERE PACKED AND HAULED FROM RESIDENCE TO LOCAL STORAGE IN JACKSON, MISSISSIPPI, ON FEBRUARY 21, 1953, AT PERSONAL EXPENSE. A RECEIPT OF MCGEHEE TRANSFER & STORAGE COMPANY, JACKSON, MISSISSIPPI, SHOWS CHARGES PAID BY YOU AS FOLLOWS: HAULING, $70.86 PLUS TAX $2.13; PACKING, $49.75; AND STORAGE FROM FEBRUARY 21 TO AUGUST 21, 1953, $136.08, OR A TOTAL OF $258.82. ON VOUCHER NO. 356685, JUNE 1953 ACCOUNTS OF FRITZ R. KAHN, YOU WERE PAID $120.61 AS REIMBURSEMENT OF THE COST OF HAULING AND PACKING YOUR EFFECTS. YOUR CLAIM FOR REIMBURSEMENT OF THE STORAGE EXPENSES INCURRED WAS DISALLOWED BY SETTLEMENT DATED APRIL 27, 1954. YOU STATE THAT, IF YOUR EFFECTS HAD BEEN SHIPPED TO YOUR DUTY STATION AS AUTHORIZED, THE COST TO THE GOVERNMENT FOR TRANSPORTATION WOULD HAVE BEEN IN EXCESS OF THE AMOUNT CLAIMED BY YOU FOR STORAGE. ON SUCH BASIS YOU URGE THAT YOUR CLAIM SHOULD BE ALLOWED.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED IN CONNECTION WITH A CHANGE OF STATION "TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS" TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. IT IS TO BE NOTED THAT THE STATUTORY AUTHORITY BASICALLY IS FOR TRANSPORTATION OF HOUSEHOLD EFFECTS OF MILITARY PERSONNAL TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, OR TO REIMBURSEMENT, 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 AN INCIDENT TO A SHIPMENT CURRENTLY IN PROCESS OR IN IMMEDIATE PROSPECT. 32 COMP. GEN. 410.

SINCE THE SOLE MOVEMENT OF YOUR EFFECTS INCIDENT TO YOUR ORDERS OF SEPTEMBER 16, 1952, WAS FROM RESIDENCE, POINT OF ORIGIN, TO LOCAL STORAGE IN JACKSON, MISSISSIPPI, FINAL DESTINATION, 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 REGULATIONS. HENCE, THERE IS NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED AS FOR TEMPORARY STORAGE ANY PART OF THE STORAGE COSTS INCURRED BY YOU, NOTWITHSTANDING ANY INFORMATION TO THE CONTRARY WHICH MAY HAVE BEEN FURNISHED YOU AT THE TIME THE EFFECTS WERE PLACED IN STORAGE, AND IRRESPECTIVE OF THE FACT THAT THE AMOUNT CLAIMED FOR STORAGE IS LESS THAN WHAT IT WOULD HAVE COST THE GOVERNMENT FOR TRANSPORTATION HAD YOU ELECTED TO HAVE YOUR EFFECTS SHIPPED TO YOUR DUTY STATION.