B-123956, AUG. 25, 1955

B-123956, AUG. 25, 1955

TO CAPTAIN WILLIAM D. MITCHELL, USAF:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 15, 1955, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF FEBRUARY 23, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR STORAGE OF YOUR HOUSEHOLD EFFECTS DURING THE PERIOD JULY 21, 1952, TO JANUARY 21, 1953. BY PARAGRAPH 1, SPECIAL ORDERS NO. 124, DATED JULY 2, 1952, BOLLING AIR FORCE BASE, WASHINGTON, D.C., YOU WERE RELEASED FROM ASSIGNMENT AND DUTY AT THAT BASE AND TRANSFERRED TO CAMP STONEMAN, CALIFORNIA, FOR FURTHER ASSIGNMENT OVERSEAS. YOUR HOUSEHOLD EFFECTS, WEIGHING 3,870 POUNDS, WERE SHIPPED FROM YOUR RESIDENCE IN WASHINGTON, D.C., TO JOHN F. IVORY STORAGE COMPANY, INCORPORATED, TULSA, OKLAHOMA, FOR COMMERCIAL STORAGE. IT APPEARS THAT YOUR WIFE ALSO WENT TO TULSA WHERE SHE RESIDED WITH HER MOTHER; THAT SHE HAD FOUR ITEMS MOVED INTO HER MOTHER'S HOME, AND THAT, EXCEPT FOR THOSE ITEMS, YOUR HOUSEHOLD EFFECTS REMAINED IN STORAGE UNTIL AFTER SHE RECEIVED AN AUTHORIZATION TO JOIN YOU IN JAPAN. IN YOUR PRESENT LETTER YOU STATE THAT YOUR WIFE DID NOT MOVE INTO QUARTERS PURCHASED OR RENTED BY YOU OR BY HER BUT WAS MERELY A GUEST IN HER MOTHER'S HOME, AND THAT THE FOUR ITEMS NOT STORED WERE TAKEN TO HER MOTHER'S HOME FOR SAFEKEEPING SINCE LACK OF PROPER CARE OR USE OF THE ITEMS WOULD HAVE RESULTED IN DETERIORATION OR DAMAGE.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES FOR THE TRANSPORTATION AND "TEMPORARY STORAGE" OF HOUSEHOLD EFFECTS OF MEMBERS OF MEMBERS OF THE UNIFORMED SERVICES UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH 8006, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT SECTION, PROVIDES FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS, NOT TO EXCEED SIX MONTHS, WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION BECAUSE OF CONDITIONS BEYOND CONTROL OF THE MEMBER, AND THAT SUCH TEMPORARY STORAGE MUST ACCRUE (1) AFTER PICKUP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH OF SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN; (2) WHILE SHIPMENT IS IN TRANSIT OR EN ROUTE AND STORAGE IS NOT FURNISHED FREE OF CHARGE BY THE CARRIER, OR (3) AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS. UNDER THAT REGULATION, TEMPORARY STORAGE IS AUTHORIZED AT THE DESTINATION OF SHIPMENT WHEN, DUE TO UNFORESEEN CIRCUMSTANCES SUCH AS EARLY ARRIVAL OF SHIPMENT OR NONAVAILABILITY OF INTENDED QUARTERS, DELAY IS EXPERIENCED AFTER ARRIVAL OF THE SHIPMENT AT THE CARRIER'S DESTINATION STATION AND BEFORE THE EFFECTS CAN BE MOVED INTO THE QUARTERS IN WHICH THE MEMBER OR HIS DEPENDENTS INTEND TO RESIDE.

SINCE YOUR HOUSEHOLD EFFECTS, EXCEPT FOR FOUR ITEMS, WERE NOT SHIPPED TO QUARTERS IN TULSA, BUT WERE SHIPPED DIRECTLY TO A COMMERCIAL WAREHOUSE FOR STORAGE FOR AN INDEFINITE PERIOD, IT SEEMS CLEAR THAT THE STORAGE DID NOT OCCUR UNDER THE CIRCUMSTANCES COVERED BY THE REGULATIONS. WHERE EFFECTS ARE PLACED IN NONTEMPORARY STORAGE, THERE IS NO AUTHORITY UNDER THE LAW OR REGULATIONS FOR PAYMENT OF ANY PART OF THE CHARGES INCURRED. NONTEMPORARY STORAGE, WHEN AUTHORIZED, CAN BE FURNISHED IN KIND ONLY, AND THEN ONLY WHEN GOVERNMENT STORAGE FACILITIES ARE AVAILABLE. HENCE, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.