B-126943, MAR. 23, 1956

B-126943, MAR. 23, 1956

TO LIEUTENANT COMMANDER PAUL. L. NUSCHKE, USN:

YOUR LETTER OF JANUARY 17, 1956, REQUESTS REVIEW OF OUR SETTLEMENT DATED JANUARY 4, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS IN NORFOLK, VIRGINIA, FROM JUNE 1 TO AUGUST 2, 1955.

BY ORDERS DATED MARCH 1, 1955, AS MODIFIED, YOU WERE DETACHED FROM DUTY ABOARD THE U.S.S. ROBERT L. WILSON (DDE-847) AND ASSIGNED TO DUTY ABOARD THE U.S.S. BEALE (DDE-471). THE HOME PORT OF THE TWO SHIPS WAS NORFOLK, VIRGINIA. ON JUNE 1, 1955, YOUR HOUSEHOLD EFFECTS WERE HAULED FROM YOUR RESIDENCE IN NORFOLK, VIRGINIA, TO COMMERCIAL STORAGE IN NORFOLK. YOU SAY THAT THAT STORAGE WAS NECESSARY DUE TO THE EXPIRATION OF THE LEASE YOU HELD ON YOUR QUARTERS. THE EFFECTS REMAINED IN STORAGE UNTIL AUGUST 2, 1955, AT A COST OF $148.92. YOU NOW CLAIM REFUND OF THAT AMOUNT AS AN EXPENSE INCIDENT TO YOUR CHANGE OF STATION.

THE TEMPORARY STORAGE OF HOUSEHOLD GOODS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY PARAGRAPH 8006-1 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. SECTION 303 (C) OF THAT ACT PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED, IN CONNECTION WITH A CHANGE OF STATION, TO ,TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS" TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. THE STATUTORY AUTHORITY BASICALLY IS FOR TRANSPORTATION OF HOUSEHOLD EFFECTS OF MILITARY PERSONNEL TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, OR TO REIMBURSEMENT, ENUMERATING PARENTHETICALLY CERTAIN ITEMS OF EXPENSE ORDINARILY INCURRED INCIDENT TO THE SHIPMENT OF HOUSEHOLD EFFECTS SUCH AS CRATING, PACKING AND UNPACKING, AMONG WHICH IS INCLUDED "TEMPORARY STORAGE.' IT IS CLEAR THAT THE CONGRESS INTENDED THAT TEMPORARY STORAGE SHOULD BE FURNISHED ONLY WHEN NECESSARY AS AN INCIDENT TO A SHIPMENT CURRENTLY IN PROCESS OR IN IMMEDIATE PROSPECT AND THE REGULATIONS CITED ABOVE AUTHORIZE TEMPORARY STORAGE ON THAT BASIS.

SINCE THE SHIP YOU WERE DETACHED FROM AND THE SHIP TO WHICH YOU WERE ASSIGNED FOR DUTY HAD THE SAME HOME PORT, SHIPMENT OF HOUSEHOLD EFFECTS WAS NOT REQUIRED BY YOUR TRANSFER BETWEEN THE SHIPS, AND THEREFORE, THE STORAGE CHARGES INCURRED BY YOU COULD NOT BE INCIDENT TO A SHIPMENT REQUIRED IN CONNECTION WITH A CHANGE OF STATION. ACCORDINGLY, THERE IS NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED FOR ANY PART OF THE STORAGE CHARGES (32 COMP. GEN. 410; 33 ID. 470) AND THE SETTLEMENT OF JANUARY 4, 1956, IS SUSTAINED.