B-122446, MAR 22, 1955

B-122446, MAR 22, 1955

PRECIS-UNAVAILABLE

LIEUTENANT MARVIN F. KRAETTLI, USNR:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 3, 1954, REQUESTING REVIEW OF SETTLEMENT DATED MARCH 30, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF DRAYAGE AND STORAGE OF HOUSEHOLD EFFECTS DURING THE PERIOD JUNE 9 TO NOVEMBER 10, 1952.

BY ORDERS DATED MAY 14, 1952, YOU WERE CALLED TO ACTIVE DUTY FROM YOUR HOME, BARTLESVILLE, OKLAHOMA, AND ASSIGNED TO DUTY AT SANGLEY POINT, LUZON, REPUBLIC OF THE PHILIPPINES, WHERE YOU REPORTED FOR DUTY ON JULY 19, 1952. ON JUNE 9, 1952, YOUR HOUSEHOLD EFFECTS WERE PACKED AND HAULED FROM RESIDENCE TO COMMERCIAL STORAGE, WHERE THEY REMAINED FOR FIVE MONTHS AT PERSONAL EXPENSE OF $92.91. PURSUANT TO YOUR APPLICATION DATED SEPTEMBER 12, 1952, EFFECTS WEIGHING 4,060 POUNDS WERE REMOVED FROM STORAGE, CRATED, AND SHIPPED BY FREIGHT TO CLEAR FIELD, UTAH, FOR NONTEMPORARY STORAGE IN A GOVERNMENT FACILITY, ON GOVERNMENT BILL OF LADING NO. W-16180358, DATED NOVEMBER 6, 1952, AT A COST TO THE GOVERNMENT OF $217.11, PAID ON VOUCHER NO. 196152, JANUARY 1953 ACCOUNTS OF J. A. DAVIS.

PARAGRAPH 8006-1, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION TEMPORARY STORAGE OF HOUSEHOLD EFFECTS NOT TO EXCEED SIX MONTHS MAY BE AUTHORIZED AT GOVERNMENT EXPENSE AFTER PICKUP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH OF SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN; WHILE SHIPMENT IS IN TRANSIT OR EN ROUTE, AND STORAGE IS NOT FURNISHED FREE OF CHARGE BY THE CARRIER CONCERNED; OR AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION STATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS. PARAGRAPH 8006-2 OF THE SAME REGULATIONS PROVIDES THAT WHERE STORAGE OF EFFECTS IS DESIRED UPON ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES HOUSEHOLD EFFECTS MAY BE PLACED IN NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES WHEN SUCH FACILITIES ARE AVAILABLE. NO PROVISION IS MADE, HOWEVER, IN SUCH REGULATIONS FOR ANY PAYMENT FOR COMMERCIAL STORAGE WHERE, AS IN YOUR CASE, EFFECTS ARE PLACED IN NONTEMPORARY STORAGE FIRST IN A COMMERCIAL FACILITY AND THEREAFTER IN GOVERNMENT STORAGE FACILITIES. ANY RIGHT TO STORAGE IN GOVERNMENT FACILITIES IS NOT A STATUTORY RIGHT BUT IS MERELY A PRIVILEGE ACCORDED OFFICERS TO THE EXTENT THAT SUCH FACILITIES ARE AVAILABLE WHEN STORAGE IS REQUESTED, AND IS CONDITIONED UPON ACTUAL ACCEPTANCE AND STORAGE OF THE EFFECTS BY THE GOVERNMENT. IT IS A SERVICE THAT MAY BE RENDERED IN KIND ONLY AND WHERE THE EFFECTS ARE NOT IN FACT SO STORED, IRRESPECTIVE OF THE REASONS, THERE IS NO AUTHORITY FOR REIMBURSING AN OFFICER FOR COMMERCIAL STORAGE COSTS CLAIMED ON THE BASIS THAT SUCH COSTS WOULD NOT HAVE BEEN INCURRED HAD GOVERNMENT STORAGE BEEN FURNISHED, NOTWITHSTANDING ANY ADVICE TO THE CONTRARY WHICH YOU MAY HAVE RECEIVED.

ACCORDINGLY, THE SETTLEMENT OF MARCH 30, 1954, IS SUSTAINED.