B-123255, JUL. 8, 1955

B-123255, JUL. 8, 1955

TO MR. WINTHROP H. CLARK:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 12, 1955, REQUESTING REVIEW OF SETTLEMENT DATED FEBRUARY 9, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS FROM JANUARY 7 TO JUNE 6, 1954, INCIDENT TO YOUR SERVICE AS MAJOR, UNITED STATES AIR FORCE.

BY LETTERS FROM HEADQUARTERS, AIR RESEARCH AND DEVELOPMENT COMMAND, BALTIMORE, MARYLAND, DATED AUGUST 6 AND 13, 1953, YOU WERE NOTIFIED THAT YOUR SEPARATION FROM THE SERVICE WOULD BE ACCOMPLISHED WITHIN SIXTY DAYS FROM AUGUST 13, 1953, AND YOU WERE REQUESTED TO INDICATE THE DATE YOU DESIRED TO BE RELEASED FROM ACTIVE DUTY. IN YOUR REPLY DATED AUGUST 14, 1953, YOU STATED THAT YOU OBJECTED TO BEING RELEASED FROM ACTIVE DUTY, BUT IN VIEW OF YOUR FORCED SEPARATION YOU ELECTED TO BE SEPARATED IMMEDIATELY. YOU SAY THAT ON AUGUST 30, 1953, YOU WERE ADMITTED TO WALTER REED ARMY HOSPITAL, WASHINGTON, D.C., FOR AN OPERATION, FROM WHICH HOSPITAL YOU WERE TRANSFERRED TO A HOSPITAL AT BOLLING AIR FORCE BASE, WASHINGTON, D.C., IN NOVEMBER 1953. BY ORDERS DATED MARCH 15, 1954, YOU WERE RELEASED FROM ASSIGNMENT AT YOUR DUTY STATION, BALTIMORE, MARYLAND, AND ASSIGNED IN A PATIENT STATUS TO THE HOSPITAL TO YOUR HOME OF RECORD, MIDDLEBORO, MASSACHUSETTS, FOR RELEASE FROM ACTIVE DUTY EFFECTIVE MAY 30, 1954, YOUR LAST PERMANENT DUTY STATION BEING SHOWN AS BALTIMORE, MARYLAND. ON JANUARY 7, 1954, YOUR HOUSEHOLD EFFECTS WEIGHING APPROXIMATELY 9,320 POUNDS WERE PLACED IN COMMERCIAL STORAGE AT BALTIMORE, WHERE THEY REMAINED UNTIL JUNE 6, 1954, AT PERSONAL EXPENSE OF $120, FOR WHICH YOU CLAIM REIMBURSEMENT. AT YOUR REQUEST THOSE EFFECTS WERE SHIPPED FROM STORAGE IN BALTIMORE TO YOUR HOME, MIDDLEBORO, MASSACHUSETTS, ON GOVERNMENT BILL OF LADING NO. AF-3520241, DATED JUNE 2, 1954, AT GOVERNMENT EXPENSE UNDER AUTHORITY OF PARAGRAPH 28, SPECIAL ORDERS 108, BOLLING AIR FORCE BASE, WASHINGTON, D.C., DATED MAY 27, 1954.

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 PERSONNEL, 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 SEEMS EVIDENT THAT IT WAS INTENDED THAT TEMPORARY STORAGE SHOULD BE FURNISHED ONLY WHEN NECESSARY AS INCIDENT TO A SHIPMENT CURRENTLY IN PROCESS OR IN IMMEDIATE PROSPECT. 32 COMP. GEN. 410. JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO STORAGE OF HOUSEHOLD EFFECTS WHENEVER NECESSARY BECAUSE OF CONDITIONS BEYOND CONTROL OF THE OWNER IN CONNECTION WITH A PERMANENT CHANGE OF STATION, AND SUBPARAGRAPH C PROVIDES THAT VOUCHERS COVERING PAYMENT OF COMMERCIAL STORAGE AT GOVERNMENT EXPENSE WILL BE SUPPORTED BY A CERTIFICATE OF PROPERLY DESIGNATED AUTHORITY THAT SUCH STORAGE IS NECESSARY. NO SUCH CERTIFICATE OF NECESSITY HAS BEEN FURNISHED IN YOUR CASE.

SINCE NO SHIPMENT OF YOUR EFFECTS WAS AUTHORIZED OR MADE INCIDENT TO YOUR HOSPITALIZATION AT WASHINGTON, D.C., AND SINCE YOUR EFFECTS WERE SHIPPED PROMPTLY WHEN REQUESTED BY YOU FROM BALTIMORE, MARYLAND, TO YOUR HOME, MIDDLEBORO, MASSACHUSETTS, FOLLOWING YOUR RELEASE FROM ACTIVE DUTY BY ORDERS DATED MAY 27, 1954, NO PART OF THE STORAGE MAY BE REGARDED AS INCIDENT TO ANY TRANSPORTATION OR SHIPMENT OF SUCH EFFECTS WITHIN THE MEANING OF THE APPLICABLE STATUTE AND REGULATIONS. ALSO, YOUR CLAIM IS NOT SUPPORTED BY A CERTIFICATE OF A PROPERLY DESIGNATED AUTHORITY THAT THE STORAGE OF YOUR EFFECTS WAS NECESSARY, AS REQUIRED BY THE REGULATIONS, AND IT DOES NOT APPEAR THAT IT COULD BE FURNISHED BECAUSE THE STORAGE DID NOT OCCUR UNDER CIRCUMSTANCES WITHIN THE SCOPE OF THE 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.