B-127697, JUL. 2, 1956

B-127697, JUL. 2, 1956

TO MAJOR RALEIGH E. TABOR, JR., USAF:

YOUR LETTER OF APRIL 5, 1956, REQUESTS REVIEW OF OUR SETTLEMENT DATED FEBRUARY 24, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED IN THE STORAGE AND DRAYAGE OF YOUR HOUSEHOLD EFFECTS DURING THE PERIOD AUGUST 5 TO 15, 1955.

BY PARAGRAPH 33, SPECIAL ORDERS NO. 168, DATED JULY 20, 1955, YOU WERE RELIEVED FROM ASSIGNMENT WITH HEADQUARTERS 320 BOMBING WING (M), 12TH AIR DIVISION (SAC), MARCH AIR FORCE BASE, CALIFORNIA, AND ASSIGNED TO THE 3942D STRATEGIC EVALUATION SQUADRON, MACDILL AIR FORCE BASE, FLORIDA. THE ORDERS AUTHORIZED 12 DAYS' OFFICIAL TRAVEL TIME, FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE. REPORTING DATE AT MACDILL AIR FORCE BASE WAS NOT LATER THAN AUGUST 8, 1955. THE REPORTING DATE WAS EXTENDED 7 DAYS TO AUGUST 15, 1955, IN ACCORDANCE WITH YOUR REQUEST FOR ADDITIONAL TIME MADE PRIOR TO YOUR DEPARTURE FROM MARCH AIR FORCE BASE, CALIFORNIA.

THE RECORD SHOWS YOUR HOUSEHOLD EFFECTS WERE PICKED UP AT YOUR RESIDENCE ON JULY 25, 1955, PRIOR TO YOUR DEPARTURE ON JULY 27, 1955, AND WERE SHIPPED BY GOVERNMENT BILL OF LADING TO MACDILL AIR FORCE BASE, FLORIDA. SHIPMENT WAS MADE BY VAN WHICH WAS DISPATCHED ON JULY 27, 1955. DELIVERY WAS MADE ON AUGUST 5, 1955, PRIOR TO YOUR ARRIVAL ON AUGUST 15, 1955. THE TRANSPORTATION OFFICER AT MACDILL AIR FORCE BASE PLACED YOUR HOUSEHOLD EFFECTS IN COMMERCIAL STORAGE. ON AUGUST 15, 1955, YOUR HOUSEHOLD EFFECTS WERE DELIVERED TO YOUR QUARTERS AT MACDILL AIR FORCE BASE AND YOU PAID STORAGE AND DRAYAGE CHARGES IN THE NET AMOUNT OF $76.40. YOUR CLAIM FOR REFUND OF THAT AMOUNT WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 24, 1956, FOR THE REASON THAT YOU FAILED TO MAKE ADVANCE ARRANGEMENTS FOR THE IMMEDIATE ACCEPTANCE OF YOUR HOUSEHOLD EFFECTS UPON THEIR ARRIVAL AT MACDILL AIR FORCE BASE AS REQUIRED BY PARAGRAPH 8050-6 OF THE JOINT TRAVEL REGULATIONS.

IN YOUR LETTER YOU SAY YOU COMPLIED WITH PARAGRAPH 8050-6, SINCE YOUR HOUSEHOLD EFFECTS WERE SHIPPED TO THE TRANSPORTATION OFFICER AT MACDILL AIR FORCE BASE WHO PLACED THEM IN TEMPORARY STORAGE. YOU SAY IT WAS IMPOSSIBLE TO GIVE A DELIVERY ADDRESS AND/OR ACCEPT SHIPMENT AS YOU WERE NOT PRESENT UNTIL AFTER THE ARRIVAL OF YOUR HOUSEHOLD EFFECTS, AND IT APPEARS TO BE YOUR CONTENTION THAT SINCE YOUR EFFECTS WERE DELIVERED ON AUGUST 5, 1955, THE CHARGE FOR TEMPORARY STORAGE--- COMPUTED ON A MONTHLY BASIS--- WOULD HAVE BEEN THE SAME EVEN IF YOU HAD ARRIVED ON AUGUST 8, 1955, YOUR ORIGINAL REPORTING DATE AT MACDILL AIR FORCE BASE. THEREFORE, YOU CONTEND THAT YOUR ARRIVAL ON AUGUST 15, 1955, DID NOT AFFECT THE STORAGE CHARGES AND YOU ARE ENTITLED TO REIMBURSEMENT UNDER PARAGRAPH 8050 -6 OF THE JOINT TRAVEL REGULATIONS.

THE PERTINENT PARAGRAPHS OF THE JOINT TRAVEL REGULATIONS ARE AS FOLLOWS:

"8050-6. 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).'

"8006-1. TEMPORARY STORAGE

A. WHEN AUTHORIZED. WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, BECAUSE OF CONDITIONS BEYOND CONTROL OF THE MEMBER (INCLUDING BUT NOT LIMITED TO DIRECTED SURRENDER OF QUARTERS, ARRIVAL OF SHIPMENT AT DESTINATION BEFORE ARRIVAL OF MEMBER, OR NONAVAILABILITY OF HOUSING AT DESTINATION) TEMPORARY STORAGE OF HOUSEHOLD GOODS WITHIN PRESCRIBED WEIGHT ALLOWANCES IS AUTHORIZED AT GOVERNMENT

UNDER THESE REGULATIONS A MEMBER IS RESPONSIBLE FOR THE COST OF ANY STORAGE AT DESTINATION UNLESS IT APPEARS THAT SUCH STORAGE WAS NECESSARY BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE OWNER. THIS MUST BE SUPPORTED BY A CERTIFICATE OF NECESSITY. THE CERTIFICATE OF NECESSITY BY ITSELF CANNOT BE ACCEPTED AS A BASIS FOR ALLOWING THE COSTS OF STORAGE UNLESS THE RECORD SHOWS THE STORAGE WAS IN FACT DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE OWNER. WHEN YOU RECEIVED YOUR ORDERS AND ARRANGED FOR THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS YOU KNEW YOU WERE GOING TO TRAVEL BY AUTOMOBILE, YOUR ORDERS AUTHORIZING 12 DAYS' TRAVEL TIME FOR TRAVEL BY SUCH MEANS. IT SHOULD HAVE BEEN APPARENT, ON THE BASIS OF SUCH AUTHORIZED TRAVEL TIME, THAT YOUR EFFECTS, WHEN SHIPPED FROM YOUR OLD STATION AT THE TIME YOU DEPARTED, PROBABLY WOULD ARRIVE AT YOUR NEW STATION BEFORE YOU WERE REQUIRED TO REPORT, NECESSITATING SOME STORAGE IN THE ABSENCE OF OTHER ARRANGEMENTS. THEREFORE, YOU SHOULD HAVE MADE THE NECESSARY ARRANGEMENTS EITHER TO INSURE THAT YOUR EFFECTS WOULD BE DELIVERED AFTER YOUR ARRIVAL OR YOU SHOULD HAVE ISSUED INSTRUCTIONS TO THE TRANSPORTATION OFFICER AT MACDILL AIR FORCE BASE FOR THE DISPOSITION OF YOUR EFFECTS. WHEN YOUR EFFECTS ARRIVED WITHOUT SUCH INSTRUCTIONS, THE TRANSPORTATION OFFICER HAD NO ALTERNATIVE BUT TO PLACE THEM IN TEMPORARY STORAGE AT YOUR EXPENSE. GENERALLY WHEN TRAVEL BY AUTOMOBILE FOR A MEMBER'S OWN CONVENIENCE IS AUTHORIZED, AS DISTINGUISHED FROM TRAVEL BY AUTOMOBILE UNDER ORDERS DIRECTING SUCH TRAVEL AS MORE ADVANTAGEOUS TO THE GOVERNMENT, THE EXPENSES INCIDENT TO THE ADDITIONAL TRAVEL TIME MUST BE BORNE BY THE MEMBER. SEE 33 COMP. GEN. 289. THEREFORE, EVEN IF YOU HAD ARRIVED ON AUGUST 8, 1955, AS ORIGINALLY CONTEMPLATED BY YOUR ORDERS, THE EXPENSE FOR STORAGE OF YOUR EFFECTS WHICH WERE DELIVERED ON AUGUST 5, 1955, WOULD APPEAR TO HAVE RESULTED FROM THE ADDITIONAL TRAVEL TIME BY AUTOMOBILE FOR YOUR CONVENIENCE RATHER THAN DUE TO CIRCUMSTANCES BEYOND YOUR CONTROL.

ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 24, 1956, IS CORRECT AND IS SUSTAINED.