B-130248, FEB. 15, 1957

B-130248, FEB. 15, 1957

TO LIEUTENANT C. PAUL JOHNSON, JR., (DC), USN:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 28, 1956, WITH ENCLOSURE, REQUESTING REVIEW OF THE SETTLEMENT OF OCTOBER 25, 1956, WHICH DISALLOWED YOUR CLAIM FOR $182.26, REPRESENTING THE AMOUNT COLLECTED FROM YOU AS THE COST OF STORING AND HAULING 5,695 POUNDS OF HOUSEHOLD EFFECTS.

BY ORDERS DATED JANUARY 22, 1954, YOU WERE TRANSFERRED FROM THE NAVAL STATION, RODMAN, CANAL ZONE, TO THE U.S. NAVAL ACADEMY, ANNAPOLIS, MARYLAND, FOR DUTY. THE RECORD INDICATES THAT FOLLOWING RECEIPT OF THOSE ORDERS YOU EXECUTED AN APPLICATION FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS, WEIGHING 5,695 POUNDS, FROM NONTEMPORARY STORAGE AT SCOTIA, NEW YORK, TO THE SUPPLY OFFICER, U.S. NAVAL ACADEMY, ANNAPOLIS, MARYLAND. YOUR EFFECTS ARRIVED IN ANNAPOLIS ON MARCH 4, 1954, AND THERE BEING NO GOVERNMENT STORAGE AVAILABLE, THEY WERE PLACED IN COMMERCIAL STORAGE WITH AZAR STORAGE, INCORPORATED, WHERE THEY REMAINED UNTIL JULY 21, 1954, AT WHICH TIME THEY WERE HAULED TO YOUR RESIDENCE IN ANNAPOLIS. IT APPEARS THAT YOU ARRIVED IN ANNAPOLIS IN EARLY APRIL 1954, AND THAT IN ORDER TO KEEP YOUR EXPENSES TO A MINIMUM AND BECAUSE YOU WERE UNABLE TO LOCATE SUITABLE QUARTERS FOR YOUR FAMILY, YOU RENTED A SMALL FURNISHED APARTMENT ON A MONTH-TO MONTH BASIS UNTIL THE LATTER PART OF JULY WHEN YOU MOVED YOUR FAMILY TO A HOUSE. YOU THEN HAD YOUR HOUSEHOLD EFFECTS MOVED FROM STORAGE TO YOUR RESIDENCE. THE AMOUNT COLLECTED FROM YOU REPRESENTS THE COST OF LABOR IN HANDLING THE EFFECTS INTO AND OUT OF STORAGE, FOR STORAGE FROM MARCH 4 TO JULY 21, 1954, AND FOR HAULING FROM STORAGE TO RESIDENCE. IS YOUR CONTENTION THAT YOU ARE ENTITLED TO REIMBURSEMENT OF THE STORAGE AND RELATED CHARGES, CITING PARAGRAPH 8006, JOINT TRAVEL REGULATIONS. THE EVENT THE ENTIRE AMOUNT IS NOT FOR PAYMENT TO YOU, YOU BELIEVE YOU SHOULD AT LEAST BE PAID THE AMOUNT COLLECTED AS THE COST OF HAULING YOUR EFFECTS FROM STORAGE TO RESIDENCE ($85.43). YOU STATE THAT THE CONTRACT BETWEEN THE U.S. NAVAL ACADEMY AND AZAR STORAGE, INCORPORATED, COVERS HAULING PACKED AND CRATED GOODS FROM CONTRACTOR'S PLANT, CARRIER FREIGHT STATION, TRANSPORTATION DEPOT, PLACE OF STORAGE OR NAVAL ACTIVITY IN ZONE AREA SPECIFIED, AND PLACING PROPERLY AND SAFELY IN RESIDENCE. THEREFORE, YOU BELIEVE THAT THE HAULING CHARGE OF $85.43 WOULD HAVE BEEN INCURRED HAD THE SHIPMENT BEEN MADE DIRECTLY FROM SCOTIA TO YOUR RESIDENCE.

PARAGRAPH 8006, JOINT TRAVEL REGULATIONS, PROVIDES FOR TEMPORARY STORAGE UNDER CERTAIN CIRCUMSTANCES IN CONNECTION WITH SHIPMENT OF HOUSEHOLD GOODS WHEN NECESSARY BECAUSE OF CONDITIONS BEYOND CONTROL OF THE OWNER. AT THE TIME HERE INVOLVED, HOWEVER, THERE WAS NO PROVISION FOR TEMPORARY STORAGE IN CONNECTION WITH SHIPMENTS FROM NONTEMPORARY STORAGE TO DESTINATION. HENCE, THERE WOULD BE NO BASIS FOR THE ALLOWANCE OF STORAGE AND RELATED CHARGES EVEN IF IT WERE ESTABLISHED THAT STORAGE FROM MARCH 4 TO JULY 21, 1954, WAS DUE TO CONDITIONS BEYOND YOUR CONTROL. WITH PARTICULAR REFERENCE TO THE HAULING CHARGES, THE RECORD SHOWS THAT YOUR EFFECTS WERE SHIPPED FROM SCOTIA TO ANNAPOLIS BY MOTOR FREIGHT. SINCE MOTOR FREIGHT IS A MODE OF TRANSPORTATION WHICH INCLUDES DELIVERY AT DESTINATION, NO SEPARATE HAULING CHARGE WAS INCURRED FOR DELIVERY TO THE STORAGE WAREHOUSE. HENCE, IT APPEARS THAT SHIPMENT DIRECTLY TO YOUR RESIDENCE WOULD NOT HAVE INVOLVED A SEPARATE LOCAL HAULING CHARGE.

SINCE THERE APPEARS NO LEGAL BASIS FOR THE ALLOWANCE OF ANY PART OF YOUR CLAIM, THE SETTLEMENT OF OCTOBER 25, 1956, IS SUSTAINED.