B-124500, NOV. 1, 1955

TO COMMANDER JAMES G. DANIELS, USN:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MAY 13, 1955, CONCERNING THE ACTION TAKEN IN SETTLEMENT DATED MAY 12, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR STORAGE OF YOUR HOUSEHOLD EFFECTS DURING THE PERIOD JULY 6 TO 20, 1954, AND FOR HAULING THOSE EFFECTS FROM ARLINGTON, VIRGINIA, TO YOUR RESIDENCE IN FAIRFAX COUNTY, VIRGINIA.

ORDERS DATED APRIL 19, 1954, STATED THAT WHEN RELIEVED YOU WERE TO REGARD YOURSELF DETACHED FROM DUTY WITH THE COMMANDER, AIR FORCE, PACIFIC FLEET, AND ASSIGNED TO DUTY AT WASHINGTON, D.C. THE ORDERS AUTHORIZED A DELAY OF 15 DAYS IN REPORTING FOR DUTY AT YOUR NEW STATION. BY APPLICATION DATED JUNE 28, 1954, TO THE SUPPLY OFFICER, NAVAL SUPPLY DEPOT, SAN DIEGO, CALIFORNIA, YOU REQUESTED SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM CORONADO, CALIFORNIA, TO 4001 OAK LANE, CHESTERBROOK WOODS, FAIRFAX COUNTY, VIRGINIA. THE RECORD SHOWS THAT THE EFFECTS WEIGHING 9,900 POUNDS WERE SHIPPED BY VAN TO YOUR NEW RESIDENCE AT FAIRFAX COUNTY, VIRGINIA, ON GOVERNMENT BILL OF LADING NO. N-30948319, APPARENTLY ARRIVING THERE ON JULY 6, 1954. UPON ARRIVAL OF THE VAN, HOWEVER, THE DRIVER WAS INFORMED THAT YOU HAD NOT ARRIVED AND, ON ADVICE OBTAINED FROM PERSONNEL OF THE NAVAL GUN FACTORY, THE DRIVER PLACED THE EFFECTS IN STORAGE WITH THE J. E. ANDERSON MOVING AND STORAGE COMPANY, ARLINGTON, VIRGINIA. THE CHARGES FOR SHIPMENT FROM CORONADO, CALIFORNIA, TO FAIRFAX COUNTY, VIRGINIA, WERE PAID BY THE GOVERNMENT IN THE AMOUNT OF $1,576.60. WITH YOUR CLAIM YOU SUBMITTED A RECEIPTED BILL OF THE J. E. ANDERSON MOVING AND STORAGE COMPANY SHOWING PAYMENT BY YOU OF STORAGE CHARGES OF $39.60 FROM JULY 6 TO 20, 1954, AND HAULING OF SUCH EFFECTS FROM STORAGE TO YOUR RESIDENCE AT FAIRFAX COUNTY, VIRGINIA, $148.50.

IN SUPPORT OF YOUR CLAIM YOU RELATE THAT VERBAL ARRANGEMENTS WERE MADE WITH PERSONNEL OF THE NAVY SUPPLY DEPOT AT SAN DIEGO, TO HAVE YOUR EFFECTS SHIPPED ABOUT JULY 1, 1954, SO THAT THEY WOULD BE DELIVERED TO YOUR RESIDENCE AT FAIRFAX COUNTY, VIRGINIA, ABOUT JULY 20, 1954. YOU SAY THAT THE REASON FOR SUCH ARRANGEMENT WAS THAT SINCE YOUR LEASE DID NOT BEGIN UNTIL JULY 20, 1954, IT WAS IMPOSSIBLE FOR ANYONE TO BE PRESENT TO RECEIVE THE EFFECTS. ALSO, YOU STATE THAT INTERIM STORAGE WAS OMITTED FROM THE BILL OF LADING THROUGH AN ADMINISTRATIVE ERROR AND NOT AS A RESULT OF ANY ACTION ON YOUR PART. IN CLAIMING REIMBURSEMENT FOR THE STORAGE AND HAULING CHARGES INVOLVED, YOU STATED ON STANDARD FORM NO. 1012 THAT "I DEPARTED CALIFORNIA 1 JULY 1954 ON A CHANGE OF DUTY ORDERS TO WASH D C ARRIVING ON 20 JULY 1954--- MY LEASE BEGAN ON THAT DATE.' IN THAT CONNECTION, THE RECORD CONTAINS A COPY OF A NAVAL SPEED LETTER DATED JANUARY 12, 1955, FROM THE U.S. NAVAL GUN FACTORY, WASHINGTON, D.C., ADDRESSED TO THE U.S. NAVAL SUPPLY DEPOT, SAN DIEGO, CALIFORNIA, IN PART AS FOLLOWS:

"WHEN CDR DANIELS ARRIVED IN THIS AREA TO REPORT FOR DUTY, HE CONTACTED THE GUN FACTORY ON 12 JULY 1954 AND ASKED THAT WE NOTIFY NORTH AMERICAN VAN LINES TO DELIVER HIS GOODS TO RESIDENCE. THIS WAS DONE. CDR DANIELS FURTHER STATED THAT HE HAD NOT REQUESTED STORAGE, BECAUSE HE DID NOT WANT HIS GOODS STORED. THE GOODS WERE PICKED UP FROM RESIDENCE ON 29 JUNE 1954 AND HE REQUESTED DELIVERY ON 20 JULY. THIS ACTIVITY DID NOT REQUEST YOUR ACTIVITY TO AMEND THE GOVERNMENT BILL OF LADING TO INCLUDE STORAGE IN TRANSIT.'

PARAGRAPH 8050 OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO STATUTORY AUTHORITY, PRESCRIBES CERTAIN REQUIREMENTS, RESPONSIBILITIES, AND PRIVILEGES OF THE OWNER OF THE HOUSEHOLD EFFECTS IN SHIPPING SUCH EFFECTS AT GOVERNMENT EXPENSE. PARAGRAPH 8050-6 PROVIDES AS FOLLOWS:

"6. ACCEPTANCE AT DESTINATION. ADVANCE ARRANGEMENTS FOR IMMEDIATE ACCEPTANCE OF THE HOUSEHOLD GOODS FROM THE CARRIER AT DESTINATION ARE THE RESPONSIBILITY OF THE MEMBER. THE MEMBER IS RESPONSIBLE FOR ANY DEMURRAGE, UNAUTHORIZED STORAGE, OR OTHER CHARGES INCURRED BECAUSE CORRECT DELIVERY ADDRESS WAS NOT FURNISHED OR BECAUSE SHIPMENT WAS NOT ACCEPTED PROMPTLY FROM THE CARRIER BY SUCH MEMBER OR HIS AUTHORIZED AGENT. SHIPMENTS WILL BE FORWARDED TO THE MEMBER OR HIS AUTHORIZED AGENT AS DESIGNATED IN HIS APPLICATION FOR TRANSPORTATION OF HOUSEHOLD GOODS (STANDARD FORM 116).'

UNDER THOSE PROVISIONS IT WAS YOUR RESPONSIBILITY TO MAKE ARRANGEMENTS FOR PROMPT ACCEPTANCE OF YOUR EFFECTS FROM THE CARRIER AT THE ADDRESS DESIGNATED BY YOU IN YOUR APPLICATION AND IF YOU DID NOT SO ACCEPT THE EFFECTS, THE COST OF THE UNAUTHORIZED STORAGE AND HAULING OF SUCH EFFECTS FROM ARLINGTON, VIRGINIA, TO YOUR RESIDENCE IN FAIRFAX COUNTY, VIRGINIA, WAS YOUR PERSONAL OBLIGATION. PARAGRAPH 8006-1 OF THE JOINT TRAVEL REGULATIONS AUTHORIZES TEMPORARY STORAGE OF HOUSEHOLD EFFECTS AS AN INCIDENT TO A SHIPMENT ONLY WHEN NECESSARY BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE OWNER, AND PROVIDES THAT VOUCHERS COVERING PAYMENT OF COMMERCIAL STORAGE AT GOVERNMENT EXPENSE WILL BE SUPPORTED BY A CERTIFICATE OF PROPERLY DESIGNATED AUTHORITY THAT THE STORAGE IS NECESSARY. YOUR EFFECTS WERE PICKED UP AT YOUR RESIDENCE ON JUNE 29, 1954, IN ACCORDANCE WITH YOUR INSTRUCTIONS, APPARENTLY IMMEDIATELY PRECEDING YOUR DEPARTURE FROM YOUR OLD STATION ON LEAVE OR DELAY EN ROUTE. SINCE YOU INDICATE THAT DELIVERY AT YOUR NEW RESIDENCE WAS IMPOSSIBLE BEFORE JULY 20, 1954, SOME STORAGE MUST HAVE BEEN ANTICIPATED, EITHER BEFORE OR AFTER ARRIVAL OF YOUR EFFECTS IN VIRGINIA. ANY SUCH STORAGE WOULD SEEM TO HAVE BEEN NECESSITATED BY YOUR LEAVE AND IN VIEW OF THE INFORMATION CONTAINED IN THE QUOTED PARAGRAPH OF LETTER DATED JANUARY 12, 1955, FROM THE U.S. NAVAL GUN FACTORY, THERE WOULD APPEAR TO BE NO PROPER BASIS FOR ISSUING A CERTIFICATE THAT THE STORAGE WAS NECESSARY BECAUSE OF CONDITIONS BEYOND YOUR CONTROL.

ACCORDINGLY, THE SETTLEMENT OF MAY 12, 1955, APPEARS TO BE CORRECT AND IS SUSTAINED.