B-127742, JUL. 20, 1956

B-127742, JUL. 20, 1956

TO MR. THOMAS W. KELLY:

REFERENCE IS MADE TO YOUR INQUIRY OF APRIL 9, 1956, CONCERNING THE ACTION TAKEN IN OUR SETTLEMENT DATED DECEMBER 1, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS DURING THE PERIOD SEPTEMBER 1952 TO FEBRUARY 1953.

BY ORDERS DATED MARCH 11, 1952, AS MODIFIED BY ORDERS DATED JUNE 18,1952, YOU WERE CALLED TO ACTIVE DUTY FROM YOUR HOME, ALAMOGORDO, NEW MEXICO, AND ORDERED TO REPORT TO THE OFFICER IN CHARGE, NAVY WEATHER CENTRAL, SAN DIEGO, CALIFORNIA, ON OR BEFORE SEPTEMBER 8, 1952, FOR TEMPORARY DUTY OF 30 DAYS IN REFRESHER TRAINING PENDING FURTHER ASSIGNMENT TO DUTY BY THE BUREAU OF NAVAL PERSONNEL. BY ORDERS DATED OCTOBER 15, 1952, YOU WERE DETACHED FROM DUTY AT SAN DIEGO, CALIFORNIA, EFFECTIVE ON OR ABOUT OCTOBER 8, 1952, AND ASSIGNED TO DUTY AT PEARL HARBOR, T.H. THE RECORDS SHOW THAT PURSUANT TO YOUR APPLICATION DATED OCTOBER 9, 1952, A PORTION OF YOUR HOUSEHOLD EFFECTS WAS SHIPPED ON A GOVERNMENT BILL OF LADING DATED FEBRUARY 17, 1953, FROM COMMERCIAL STORAGE AT ALAMOGORDO TO THE NAVAL SUPPLY CENTER AT OAKLAND, CALIFORNIA, FOR FURTHER SHIPMENT OVERSEAS. ALSO, PURSUANT TO YOUR APPLICATION DATED FEBRUARY 28, 1953, THE REMAINING PORTION OF YOUR HOUSEHOLD EFFECTS WAS REMOVED FROM COMMERCIAL STORAGE AT ALAMOGORDO AND SHIPPED TO CLEAR FIELD, UTAH, FOR NONTEMPORARY STORAGE IN A GOVERNMENT FACILITY, ON GOVERNMENT BILL OF LADING DATED MARCH 17, 1953.

THE FILE CONTAINS A REPORT ON YOUR CASE FROM THE U.S. NAVAL ORDNANCE MISSILE TEST FACILITY, WHITE SANDS PROVING GROUND, LAS CRUCES, NEW MEXICO, IN PERTINENT PART AS FOLLOWS:

"/A) GOVERNMENT VEHICLES WERE AVAILABLE TO DRAY THE GOODS TO

STORAGE AT WSPG.

"/B) GOVERNMENT OWNED OR CONTRACT FACILITIES WERE NOT AVAILABLE

IN ALAMOGORDO, NEW MEXICO.

"/C) THE NEAREST AVAILABLE GOVERNMENT OWNED FACILITY FOR STORAGE

IS WHITE SANDS PROVING GROUND.'

PARAGRAPH 8006-1, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT, TO SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION TEMPORARY STORAGE OF HOUSEHOLD EFFECTS NOT TO EXCEED SIX MONTHS MAY BE AUTHORIZED AT GOVERNMENT EXPENSE AFTER PICKUP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH OF SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN; WHILE SHIPMENT IS IN TRANSIT OR EN ROUTE, AND STORAGE IS NOT FURNISHED FREE OF CHARGE BY THE CARRIER CONCERNED; OR AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION STATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS. PARAGRAPH 8006-2 OF THE SAME REGULATIONS PROVIDES THAT WHERE STORAGE OF EFFECTS IS DESIRED UPON ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES HOUSEHOLD EFFECTS MAY BE PLACED IN NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES WHEN SUCH FACILITIES ARE AVAILABLE. IT IS SPECIFICALLY PROVIDED THAT MEMBERS WILL NOT REQUEST TEMPORARY STORAGE IN CONTEMPLATION OF SUBSEQUENT NONTEMPORARY STORAGE.

WE HAVE NO FIRSTHAND INFORMATION AS TO THE STORAGE FACILITIES AVAILABLE AT THE VARIOUS INSTALLATIONS OF THE NAVY AND MUST RELY, IN THE SETTLEMENT OF CLAIMS, ON THE ADMINISTRATIVE REPORTS MADE BY THOSE WHO HAVE SUCH INFORMATION. IT SEEMS CLEAR FROM THE ADMINISTRATIVE REPORT IN YOUR CASE THAT AT THE TIME YOU WERE RECALLED TO ACTIVE DUTY AND ORDERED OVERSEAS, GOVERNMENT FACILITIES WERE AVAILABLE FOR NONTEMPORARY STORAGE OF YOUR HOUSEHOLD EFFECTS AT WHITE SANDS PROVING GROUND.

ANY RIGHT TO STORAGE IN GOVERNMENT FACILITIES IS NOT A STATUTORY RIGHT BUT IS MERELY A PRIVILEGE ACCORDED OFFICERS TO THE EXTENT THAT SUCH FACILITIES ARE AVAILABLE WHEN STORAGE IS REQUESTED, AND IS CONDITIONED UPON ACTUAL ACCEPTANCE AND STORAGE OF THE EFFECTS BY THE GOVERNMENT. IS A SERVICE THAT MAY BE RENDERED IN KIND ONLY AND WHERE THE EFFECTS ARE NOT IN FACT SO STORED, IRRESPECTIVE OF THE REASONS, THERE IS NO AUTHORITY FOR REIMBURSING AN OFFICER FOR COMMERCIAL STORAGE COSTS CLAIMED ON THE BASIS THAT SUCH COSTS WOULD NOT HAVE BEEN INCURRED HAD GOVERNMENT STORAGE BEEN FURNISHED. HENCE, YOU MAY NOT BE REIMBURSED ANY PART OF THE EXPENSES CLAIMED FOR STORAGE, NOTWITHSTANDING ANY ADVICE TO THE CONTRARY YOU MAY HAVE RECEIVED.