B-125318, NOV. 2, 1955

B-125318, NOV. 2, 1955

TO MR. W. J. WINFREE, SKC, USN:

REFERENCE IS MADE TO YOUR LETTERS OF AUGUST 2 AND 15, 1955, REQUESTING REVIEW OF OUR SETTLEMENT OF JULY 25, 1955, WHICH DISALLOWED YOUR CLAIM FOR $50.31, REPRESENTING STORAGE, CARTAGE AND HANDLING OF YOUR HOUSEHOLD EFFECTS.

BY ORDERS DATED AUGUST 16, 1954, YOU WERE TRANSFERRED FROM THE U.S.S. MONTEREY (CVI-26), AT PENSACOLA, FLORIDA, TO THE NAVAL SCHOOL, NAVAL BASE, NORFOLK, FOR A FOUR WEEKS' COURSE OF INSTRUCTION, AND WERE REQUIRED TO REPORT THEREAT NOT LATER THAN OCTOBER 19, 1954. BY ORDER OF NOVEMBER 19, 1954, UPON COMPLETION OF THE COURSE, YOU WERE TRANSFERRED TO NAVAL TRAINING CENTER, SERVICE SCHOOL COMMAND, SAN DIEGO, CALIFORNIA, FOR DUTY. ON NOVEMBER 23, 1954, THE SUPPLY OFFICER, NAVAL AIR STATION, PENSACOLA, FLORIDA, SENT YOU A POSTAL CARD AT CALUMET, MICHIGAN (YOUR LEAVE ADDRESS) REQUESTING YOU TO FURNISH A STREET ADDRESS TO WHICH YOUR HOUSEHOLD GOODS (WHICH PREVIOUSLY HAD BEEN PLACED IN STORAGE AT GOVERNMENT EXPENSE IN PENSACOLA) SHOULD BE SHIPPED. YOUR REPLY OF JANUARY 1, 1955, ADVISED THE SUPPLY OFFICER OF YOUR STREET ADDRESS; STATED THAT YOU DESIRED SHIPMENT AS SOON AS POSSIBLE, AND REQUESTED THAT ALL COMMUNICATIONS REGARDING THE SHIPMENT BE ADDRESSED TO YOU AT NAVAL TRAINING CENTER, SERVICE SCHOOL COMMAND, STOREKEEPER SCHOOL, SAN DIEGO, CALIFORNIA. YOU DID NOT, HOWEVER, SPECIFICALLY REQUEST THAT YOU BE ADVISED WHEN THE SHIPMENT WAS MADE, OR WHEN IT WOULD ARRIVE. ON JANUARY 5, 1955, YOU EXECUTED AN APPLICATION REQUESTING SHIPMENT TO YOUR RESIDENCE. THE SHIPMENT WAS MADE ON JANUARY 7, 1955, AND IT IS REPORTED THAT THE BILL OF LADING SHOWED THAT DELIVERY WAS TO BE TO YOUR RESIDENCE. THE SHIPMENT REACHED SAN DIEGO ON JANUARY 10, 1955, AND THE CARRIER PLACED IT IN STORAGE UNTIL JANUARY 21, 1955, WHEN DELIVERY TO YOUR RESIDENCE WAS MADE AT YOUR REQUEST. IT IS YOUR CONTENTION THAT YOU ARE NOT LIABLE FOR THE STORAGE AND RELATED CHARGES FOR THE REASON THAT YOU BELIEVE THE SUPPLY OFFICER, NAVAL AIR STATION, PENSACOLA, SHOULD HAVE ADVISED YOU AT YOUR MILITARY ADDRESS WHEN THE SHIPMENT WAS MADE. YOU STATE YOU DID NOT KNOW THAT THE SHIPMENT HAD ARRIVED UNTIL YOU CHECKED WITH THE VARIOUS VAN COMPANIES IN THE AREA.

PARAGRAPH 8006-1, JOINT TRAVEL REGULATIONS, PROVIDES FOR TEMPORARY STORAGE OF HOUSEHOLD GOODS IN CONNECTION WITH A PERMANENT CHANGE OF STATION WHENEVER NECESSARY BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE OWNER. PARAGRAPH 8050-6, PROVIDES THAT ARRANGEMENTS FOR IMMEDIATE ACCEPTANCE OF HOUSEHOLD GOODS AT DESTINATION ARE THE RESPONSIBILITY OF THE MEMBER, AND THAT THE MEMBER IS RESPONSIBLE FOR ANY UNAUTHORIZED STORAGE OR OTHER CHARGES INCURRED BECAUSE THE SHIPMENT WAS NOT ACCEPTED PROMPTLY FROM THE CARRIER BY THE MEMBER OR HIS AUTHORIZED AGENT. IF NO ONE WAS TO BE AT THE DESTINATION ADDRESS GIVEN BY YOU WHO COULD ACCEPT THE GOODS, IT WAS YOUR RESPONSIBILITY TO MAKE SOME OTHER ARRANGEMENTS FOR PROMPT ACCEPTANCE OF THE SHIPMENT. THE SUPPLY OFFICER AT POINT OF ORIGIN COULD HAVE BEEN REQUESTED TO NOTIFY YOU WHEN SHIPMENT WOULD ARRIVE OR HE COULD HAVE BEEN FURNISHED INFORMATION (FOR THE CARRIER) THAT THE PREMISES TO WHICH SHIPMENT WAS MADE WERE VACANT BUT THAT YOU COULD BE REACHED FOR ACCEPTANCE OF THE EFFECTS AT A PARTICULAR TELEPHONE NUMBER. THE REGULATIONS PLACE THAT RESPONSIBILITY ON THE OWNER OF THE GOODS AND HENCE, THERE IS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. THE SETTLEMENT OF JULY 25, 1955, IS SUSTAINED.