B-123077, APR 29, 1955

B-123077, APR 29, 1955

PRECIS-UNAVAILABLE

CAPTAIN DAVID KANTER, USAF:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 25, 1955, REQUESTING REVIEW OF SETTLEMENT DATED DECEMBER 30, 1954, ALLOWING $67.75 ON YOUR CLAIM FOR REIMBURSEMENT FOR PACKING, DRAYING AND STORING YOUR HOUSEHOLD EFFECTS IN NEW YORK, NEW YORK, DURING THE PERIOD NOVEMBER 16, 1951, TO JUNE 1, 1953.

BY ORDERS DATED SEPTEMBER 26, 1951, YOU WERE ORDERED TO EXTENDED ACTIVE DUTY FROM YOUR HOME, NEW YORK, NEW YORK, AND ASSIGNED TO TEMPORARY DUTY AT WACO, TEXAS, AND THENCE TO DUTY AT RANDOLPH AIR FORCE BASE, TEXAS. ORDERS DATED JUNE 12 AND AUGUST 25, 1952, YOU WERE ASSIGNED TO TEMPORARY DUTY AT LAKE CHARLES, LOUISIANA, AND THENCE TO DUTY OVERSEAS. FOLLOWING YOUR RETURN FROM DUTY OVERSEAS TO TRAVIS AIR FORCE BASE, CALIFORNIA, YOU WERE ASSIGNED TO DUTY AT ELLINGTON AIR FORCE BASE, TEXAS, BY ORDERS DATED APRIL 7, 1953. YOUR HOUSEHOLD EFFECTS WEIGHING APPROXIMATELY 2,800 POUNDS WERE PACKED AND HAULED FROM RESIDENCE TO COMMERCIAL STORAGE IN NEW YORK, NEW YORK, ON NOVEMBER 16, 1951. THE EFFECTS REMAINED IN STORAGE UNTIL JUNE 1, 1953, WHEN THEY WERE SHIPPED AT YOUR REQUEST TO HUSTON, TEXAS, AT GOVERNMENT EXPENSE. A RECEIPT OF SOFIA BROTHERS, INC., NEW YORK, NEW YORK, SHOWS CHARGES PAID BY YOU AS FOLLOWS: CARTAGE, $39.90, INCLUDING TAX OF 90[ PACKING, $37.75; WAREHOUSE LABOR IN AND OUT OF STORAGE, $20; AND STORAGE FROM NOVEMBER 16, 1951, TO JUNE 1, 1953, $190, A TOTAL OF $278.65, FOR WHICH YOU CLAIM REIMBURSEMENT OF $248.65. BY SETTLEMENT DATED DECEMBER 30, 1954, YOU WERE ALLOWED $67.75 REPRESENTING THE COST OF PACKING AND HAULING YOUR EFFECTS FROM RESIDENCE TO STORAGE.

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 TRANSPORTAION OF HOUSEHOLD EFFECTS OF MILITARY PERSONNEL 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 INITIAL MOVEMENT OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR ORDERS TO ACTIVE DUTY AND ASSIGNMENT TO TEMPORARY AND PERMANENT DUTY STATIONS WAS FROM RESIDENCE TO LOCAL STORAGE IN NEW YORK, NEW YORK, AND SINCE THE EFFECTS, WHICH REMAINED IN STORAGE FOR ABOUT 19 MONTHS, WERE SHIPPED TO HOUSTON, TEXAS, PROMPTLY WHEN REQUESTED BY YOU, 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.