B-124741, DEC. 22, 1955

B-124741, DEC. 22, 1955

TO COLONEL CHARLES L. PERKINS, USAF:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 1, 1955, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT OF NOVEMBER 18, 1954, WHICH DISALLOWED YOUR CLAIM FOR $244.50, REPRESENTING THE AMOUNT CHECKED FROM YOUR PAY AS THE COST OF STORING YOUR HOUSEHOLD GOODS.

BY PARAGRAPH 1, LETTER ORDERS NO. 276, DATED DECEMBER 6, 1951, FRANCIS E. WARREN AIR FORCE BASE, WYOMING, YOU WERE PLACED ON TEMPORARY DUTY FOR A PERIOD OF APPROXIMATELY 22 WEEKS AND DIRECTED TO PROCEED FROM THAT BASE TO MAXWELL AIR FORCE BASE, ALABAMA, FOR THE PURPOSE OF ATTENDING A COURSE OF INSTRUCTION FROM JANUARY 14 TO JUNE 13, 1952, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER STATION. UPON YOUR APPLICATION FOR STORAGE OF YOUR HOUSEHOLD GOODS WHILE ON SUCH DUTY THEY WERE PLACED IN COMMERCIAL STORAGE IN CHEYENNE, WYOMING, AT A COST OF $244.50, WHICH SUM WAS PAID BY THE GOVERNMENT AND SUBSEQUENTLY COLLECTED FROM YOU BY CHECK AGE AGAINST YOUR PAY ACCOUNT. IN YOUR PRESENT LETTER YOU STATE THAT THE DEDUCTION FROM YOUR PAY WAS UNJUST INASMUCH AS THE CHARGES RESULTED FROM THE IMPROPER ACTION OF ANOTHER, AND THAT COMMERCIAL STORAGE OF YOUR HOUSEHOLD GOODS RESULTED IN A SAVINGS TO THE GOVERNMENT (WHEN COMPARED TO THE COST OF PACKING, CRATING AND SHIPPING YOUR HOUSEHOLD GOODS TO NONTEMPORARY GOVERNMENT STORAGE IN SPOKANE, WASHINGTON, AND RETURN, OR TO MAXWELL AIR FORCE BASE, ALABAMA, AND RETURN). ALSO, YOU REQUEST THAT THE FILE BE RETURNED TO YOU SO THAT YOU MAY SEEK CONGRESSIONAL RELIEF.

THE PACKING, CRATING, SHIPPING AND STORAGE OF HOUSEHOLD GOODS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. THOSE REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDE (PARAGRAPH 8006-1) FOR TEMPORARY STORAGE, NOT TO EXCEED SIX MONTHS, IN GOVERNMENT OR COMMERCIAL FACILITIES WHEREEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, BECAUSE OF CONDITIONS BEYOND CONTROL OF THE OWNER, AND THAT SUCH STORAGE MUST ACCRUE (1) AFTER PICK UP 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, OR (3) AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION STATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS. IT WILL BE SEEN THAT TEMPORARY STORAGE RELATES TO DELAYS ENCOUNTERED IN THE SHIPMENT OF HOUSEHOLD GOODS FROM ONE POINT TO ANOTHER INCIDENT TO A PERMANENT CHANGE OF STATION. THE REGULATIONS FURTHER PROVIDE (PARAGRAPH 8006-2) THAT UNDER THE CIRCUMSTANCES SPECIFIED, INCLUDING AN ASSIGNMENT AS A STUDENT TO PURSUE A COURSE OF STUDY OF 20 WEEKS OR MORE DURATION, MEMBERS MAY APPLY FOR NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES. THE GRANTING OF SUCH A REQUEST IS SPECIFICALLY MADE DEPENDENT ON WHETHER SUCH FACILITIES ARE AVAILABLE. HENCE, UPON ASSIGNMENT TO A COURSE OF INSTRUCTION SCHEDULED FOR APPROXIMATELY 22 WEEKS, YOUR HOUSEHOLD GOODS COULD HAVE BEEN PLACED IN NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES IF SUCH FACILITIES WERE AVAILABLE. THERE WAS NO AUTHORITY, HOWEVER, FOR COMMERCIAL STORAGE AT GOVERNMENT EXPENSE UPON A DETERMINATION THAT GOVERNMENT FACILITIES WERE NOT AVAILABLE.

REGARDING YOUR CONTENTION THAT YOUR CLAIM SHOULD BE ALLOWED ON THE BASIS THAT COMMERCIAL STORAGE AT CHEYENNE COST LESS THAN IT WOULD HAVE COST THE GOVERNMENT TO HAVE STORED YOUR HOUSEHOLD GOODS IN AVAILABLE FACILITIES AT SPOKANE, WASHINGTON, IT MAY BE STATED THAT THE REGULATIONS APPARENTLY IMPOSED NO OBLIGATION ON THE GOVERNMENT TO SHIP YOUR EFFECTS TO SPOKANE FOR STORAGE UPON A DETERMINATION THAT GOVERNMENT FACILITIES WERE NOT AVAILABLE IN THE VICINITY OF YOUR STATION. BUT HOWEVER THAT MAY BE, THE REGULATIONS DO NOT AUTHORIZE THE PAYMENT OF COMMERCIAL STORAGE CHARGES UNDER THE CIRCUMSTANCES INVOLVED. A COMPARISON OF WHAT IT WOULD HAVE COST TO SHIP YOUR HOUSEHOLD GOODS TO MAXWELL AIR FORCE BASE AND RETURN, LIKEWISE AFFORDS NO BASIS FOR PAYMENT OF THE COMMERCIAL STORAGE CHARGES.

RESPECTING YOUR POSITION THAT IT IS UNJUST TO CHARGE THE AMOUNT INVOLVED AGAINST YOUR PAY BECAUSE OF THE IMPROPER ACTION OF ANOTHER, IT MAY BE STATED THAT THE RECORD BEFORE US DOES NOT SHOW THAT ANY IMPROPER ACTION WAS TAKEN IN YOUR CASE. IT IS ADMINISTRATIVELY CERTIFIED THAT NO GOVERNMENT STORAGE FACILITIES WERE AVAILABLE AT FRANCIS E. WARREN AIR FORCE BASE, AND IT DOES NOT APPEAR THAT YOU WERE ADVISED THAT SUCH FACILITIES WERE AVAILABLE. IT SEEMS QUITE CLEAR THAT YOU UNDERSTOOD AT THE TIME YOU REQUESTED STORAGE OF YOUR GOODS THAT THEY WOULD BE PLACED IN COMMERCIAL STORAGE AND WHILE IT MAY BE THAT YOU WERE UNDER THE IMPRESSION AT THE TIME THAT THE GOVERNMENT WOULD PAY THE COST OF SUCH STORAGE, SUCH STORAGE AT GOVERNMENT EXPENSE WAS NOT AUTHORIZED. IN THESE CIRCUMSTANCES THE ACTION TAKEN BY THE TRANSPORTATION OFFICER, PURSUANT TO YOUR REQUEST FOR STORAGE OF YOUR EFFECTS, IN HAVING THEM PLACED IN COMMERCIAL FACILITIES DOES NOT APPEAR TO HAVE BEEN AN IMPROPER EXERCISE OF ADMINISTRATIVE JUDGMENT. SINCE THERE WAS NO AUTHORITY, HOWEVER, FOR THE COMMERCIAL STORAGE OF YOUR HOUSEHOLD GOODS AT GOVERNMENT EXPENSE, THE COST PROPERLY WAS CHECKED AGAINST YOUR PAY. SEE, GENERALLY, 33 COMP. GEN. 470. HENCE, THE SETTLEMENT OF NOVEMBER 18, 1954, IS SUSTAINED.

REGARDING YOUR SUGGESTION THAT THE JOINT TRAVEL REGULATIONS BE AMENDED TO AUTHORIZE STORAGE IN COMMERCIAL FACILITIES, UNDER CIRCUMSTANCES SUCH AS ARE INVOLVED IN YOUR CASE, WHEN SUCH ACTION WOULD RESULT IN A SAVING, IT MAY BE STATED THAT SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949 WAS AMENDED BY PUBLIC LAW NO. 245, APPROVED AUGUST 5, 1955, TO AUTHORIZE THE NONTEMPORARY STORAGE OF BAGGAGE AND HOUSEHOLD EFFECTS IN GOVERNMENT FACILITIES, OR IN COMMERCIAL FACILITIES WHENEVER SUCH STORAGE IS CONSIDERED TO BE MORE ECONOMICAL TO THE GOVERNMENT. THE AMENDMENT WAS NOT MADE RETROACTIVELY EFFECTIVE AND, HENCE, IS NOT FOR APPLICATION IN YOUR CASE.

WITH RESPECT TO YOUR REQUEST THAT THE PAPERS OF YOUR CLAIM BE RETURNED TO YOU, YOU ARE ADVISED THAT SINCE THE PAPERS TRANSMITTED HERE AS PART OF YOUR CLAIM NOW CONSTITUTE A PART OF THE PERMANENT RECORD UPON WHICH OUR SETTLEMENT WAS BASED, THEY ARE REQUIRED TO BE RETAINED HERE, AND MAY NOT BE RETURNED TO YOU. 21 COMP. GEN. 819, 823. HOWEVER, COPIES OF THOSE PAPERS WHICH WERE FURNISHED NEED NOT BE RETAINED AND ARE ENCLOSED.