B-123859, AUG. 22, 1955

B-123859, AUG. 22, 1955

TO LIEUTENANT BERTRAM KRONEN, USNR:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 11, 1955, REQUESTING REVIEW OF THAT PART OF THE SETTLEMENT OF JANUARY 18, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR STORAGE CHARGES AND TAXES INCURRED IN THE HAULING AND STORAGE OF YOUR HOUSEHOLD EFFECTS.

BY BUREAU OF NAVAL PERSONNEL ORDERS DATED SEPTEMBER 2, 1952,ADDRESSED TO YOU AT NAVAL TRAINING CENTER, BAINBRIDGE, MARYLAND, YOU WERE ORDERED TO ACTIVE DUTY UPON ACCEPTANCE OF A COMMISSION, AND WERE DIRECTED TO PROCEED TO NAVAL TRAINING CENTER, SAN DIEGO, CALIFORNIA, FOR DUTY. ON SEPTEMBER 30, 1952, YOU HAD YOUR HOUSEHOLD EFFECTS HAULED FROM YOUR RESIDENCE IN NEW YORK, NEW YORK, TO COMMERCIAL STORAGE IN THE SAME CITY WHERE THEY REMAINED FOR ONE YEAR. UPON YOUR APPLICATION, YOUR EFFECTS THEN WERE PACKED, CRATED AND HAULED TO NONTEMPORARY GOVERNMENT STORAGE AT GOVERNMENT EXPENSE. IN THE SETTLEMENT MENTIONED ABOVE, YOU WERE ALLOWED $42.25 AS REIMBURSEMENT FOR THE COST OF HAULING YOUR EFFECTS TO STORAGE. THE BALANCE OF YOUR CLAIM, CONSISTING OF STORAGE AND RELATED CHARGES ($266.09), AND TRANSPORTATION TAX ($1.27), WAS DISALLOWED FOR THE REASONS STATED IN THE SETTLEMENT. IN YOUR PRESENT LETTER YOU REQUEST THAT YOUR CLAIM BE RECONSIDERED IN THE LIGHT OF PARAGRAPHS 8150-1 AND 8150-2, JOINT TRAVEL REGULATIONS. ALSO, YOU STATE THAT SINCE THIS WAS YOUR FIRST TOUR OF ACTIVE DUTY YOU WERE NOT AWARE OF YOUR RIGHTS CONCERNING THE HANDLING OF YOUR HOUSEHOLD EFFECTS BY THE GOVERNMENT. YOU EXPRESS THE BELIEF THAT SUCH CIRCUMSTANCE WAS A "COMPELLING REASON," WITHIN THE MEANING OF THE PARAGRAPH 8150-1, JOINT TRAVEL REGULATIONS, FOR FAILURE TO HAVE THE SHIPPING OFFICER ARRANGE FOR THE SHIPMENT.

THE PACKING, CRATING, SHIPMENT AND STORAGE OF HOUSEHOLD EFFECTS OF SERVICE PERSONNEL IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. THOSE REGULATIONS PROVIDE FOR THE SHIPMENT OF EFFECTS UNDER VARIOUS CIRCUMSTANCES, INCLUDING INSTANCES WHEN AN OFFICER IS ORDERED TO ACTIVE DUTY, AND FOR NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES WHEN AVAILABLE. THERE IS NO PROVISION, HOWEVER, FOR REIMBURSEMENT FOR THE COST FOR NONTEMPORARY STORAGE IN COMMERCIAL FACILITIES, OR FOR THE TAX IMPOSED ON COMMERCIAL SHIPMENTS OF HOUSEHOLD EFFECTS. PARAGRAPH 8150-1, PROVIDES THAT SHIPMENTS OF HOUSEHOLD GOODS ORDINARILY WILL BE MADE THROUGH A SHIPPING OFFICER; THAT HOWEVER, IN CASE AN EMERGENCY OR OTHER COMPELLING REASON EXISTED FOR FAILURE TO HAVE THE SHIPPING OFFICER ARRANGE FOR SHIPMENT OF A MEMBER'S HOUSEHOLD GOODS, THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED MAY RATIFY THE SHIPMENT AND DIRECT REIMBURSEMENT OF TRANSPORTATION CHARGES TO THE MEMBER. PARAGRAPH 8150-2 PROVIDES THAT CHARGES FOR ALL SERVICES, SUCH AS PACKING, CRATING, DRAYING, STORING, TRANSPORTATION, UNPACKING, IN CONNECTION WITH ONE SHIPMENT OF HOUSEHOLD GOODS MAY BE INCLUDED IN ONE CLAIM FOR REIMBURSEMENT. IN YOUR CASE, YOU ARRANGED FOR THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM YOUR RESIDENCE TO STORAGE. UPON ADMINISTRATIVE EXAMINATION OF YOUR CLAIM THAT SHIPMENT WAS RATIFIED, AND YOU HAVE BEEN REIMBURSED THE TRANSPORTATION CHARGES INCURRED. THERE BEING NO PROVISION, HOWEVER, FOR NONTEMPORARY COMMERCIAL STORAGE AT GOVERNMENT EXPENSE, OR FOR REIMBURSEMENT FOR AMOUNTS PAID AS TRANSPORTATION TAX, IT SEEMS CLEAR THAT THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF THE BALANCE OF YOUR CLAIM, NOTWITHSTANDING THE FACT THAT YOU MAY HAVE BEEN UNAWARE OF YOUR RIGHT TO HAVE YOUR HOUSEHOLD GOODS PLACED IN GOVERNMENT STORAGE FACILITIES, IF AVAILABLE.