B-125389, JAN. 10, 1956

B-125389, JAN. 10, 1956

TO MR. ROBERT W. HARLEY:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 12, 1955, REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 5, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS FROM APRIL 23 TO SEPTEMBER 23, 1953, AND CHARGES RELATED TO PLACING THE EFFECTS IN STORAGE AND REMOVAL FROM STORAGE, UPON RELEASE FROM ACTIVE DUTY AS CAPTAIN, AIR FORCE.

BY PARAGRAPH 23, SPECIAL ORDERS NO. 76, DATED APRIL 1, 1953, LAKE CHARLES AIR FORCE BASE, LAKE CHARLES, LOUISIANA, YOU WERE RELIEVED FROM DUTY AT THAT STATION, DIRECTED TO PROCEED TO YOUR HOME, CHICAGO, ILLINOIS, RELEASED FROM ALL ACTIVE DUTY EFFECTIVE APRIL 8, 1953, AND ASSIGNED TO SELFRIDGE AIR FORCE BASE, MICHIGAN, FOR RECORD PURPOSES. THE RECORD SHOWS THAT, AT TIME OF SEPARATION, YOU CONSULTED THE TRANSPORTATION OFFICER AT LAKE CHARLES REGARDING STORAGE OF YOUR HOUSEHOLD EFFECTS AT POINT OF SEPARATION EXPLAINING THAT YOU DID NOT THINK YOU WOULD RETURN TO CHICAGO (YOUR FAMILY HAVING MOVED TO FLORIDA), AND WERE ADVISED YOUR EFFECTS COULD NOT BE STORED THERE AT GOVERNMENT EXPENSE. NEVERTHELESS, YOU HAD THEM PLACED IN COMMERCIAL STORAGE AT LAKE CHARLES IN APRIL 1953. THEY REMAINED THERE UNTIL THE LATTER PART OF SEPTEMBER 1953 WHEN THEY WERE SHIPPED TO DEARBORN, MICHIGAN, AT GOVERNMENT EXPENSE. SINCE THE PACKING FOR STORAGE SERVED FOR SHIPMENT AS WELL, THE GOVERNMENT PAID FOR THE PACKING, ALSO. IN YOUR PRESENT LETTER YOU SAY THAT IT WAS IMPOSSIBLE TO RETURN TO POINT OF RECALL FOR YOUR FAMILY NO LONGER RESIDED THERE; THAT UPON SEPARATION YOU HAD TO LOCATE YOURSELF, AND "THEN TOO, ONE DOES NOT FIND A PLACE TO LIVE IMMEDIATELY.'

UNDER THE PROVISIONS OF THE REGULATIONS GOVERNING SHIPMENT AT GOVERNMENT EXPENSE OF HOUSEHOLD EFFECTS OF MILITARY PERSONNEL INCIDENT TO ORDERED CHANGES OF STATION, RESERVE OFFICERS UPON RELEASE FROM ACTIVE DUTY ARE ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS WITHIN AUTHORIZED WEIGHT ALLOWANCES, NOT TO EXCEED THE COST FROM LAST STATION TO HOME. TEMPORARY STORAGE OF THE MEMBER'S HOUSEHOLD EFFECTS WITHIN THE MEANING OF THE STATUTORY AUTHORITY FOR SUCH STORAGE AT GOVERNMENT EXPENSE IS LIMITED, IN GENERAL, TO PERIODS OF STORAGE, NOT TO EXCEED SIX MONTHS, NECESSITATED BY CONDITIONS BEYOND CONTROL OF THE MEMBER ARISING DURING THE COURSE OF SHIPMENT ACTUALLY IN PROGRESS AS CERTIFIED BY THE APPROPRIATE AUTHORITY OF THE BRANCH OF THE SERVICE CONCERNED. SUCH STORAGE MAY NOT BE FURNISHED MERELY UPON THE REQUEST OF THE OWNER WHO, FOR PERSONAL REASONS, HOWEVER COMPELLING, CHOOSES TO DELAY SHIPMENT OF HIS EFFECTS. THIS BEING THE CASE, IT IS CLEAR THAT THE STORAGE OF YOUR EFFECTS AT POINT OF SEPARATION UNTIL SUCH TIME AS YOU DECIDED WHERE YOU WANTED THEM SHIPPED, DOES NOT CONSTITUTE TEMPORARY STORAGE FOR WHICH PAYMENT MAY BE AUTHORIZED FROM PUBLIC FUNDS. 32 COMP. GEN. 410. ACCORDINGLY, THE SETTLEMENT OF AUGUST 5, 1955, IS SUSTAINED.