B-130322, MAR. 5, 1957

B-130322, MAR. 5, 1957

TO LIEUTENANT ANTHONY DOMBROSKI, USN:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 30, 1956, REQUESTING REVIEW OF SETTLEMENT DATED OCTOBER 30, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT IN THE SUM OF $81.99 REPRESENTING THE AMOUNT PAID FOR STORAGE OF YOUR HOUSEHOLD EFFECTS AND HANDLING IN AND OUT CHARGES.

ORDERS DATED JANUARY 25, 1956, PROVIDED THAT WHEN RELIEVED, YOU WERE DETACHED FROM DUTY ON THE STAFF OF THE COMMANDER IN CHIEF, NAVAL FORCES, EASTERN ATLANTIC AND MEDITERRANEAN, AND DIRECTED TO PROCEED TO NEWPORT, RHODE ISLAND, FOR DUTY, A PERMANENT CHANGE OF STATION. YOU WERE DETACHED ON APRIL 23, 1956, AND REPORTED AT NEWPORT, RHODE ISLAND, ON MAY 26, 1956. PREVIOUSLY, ON MARCH 19, 1956, YOU EXECUTED STANDARD FORM 116, APPLICATION FOR TRANSPORTATION OF HOUSEHOLD GOODS, FOR THE TRANSPORTATION TO NEWPORT, RHODE ISLAND, OF CERTAIN OF YOUR HOUSEHOLD GOODS, THEN IN NONTEMPORARY STORAGE AT THE NAVAL SUPPLY DEPOT, SCOTIA, NEW YORK. YOU REQUESTED ON THE FORM THAT THE GOODS BE MARKED "FOR DELIVERY TO "TEMPORARY AUTHORIZED GOVERNMENT STORAGE," " STATING THAT YOU EXPECTED TO REPORT TO NEWPORT ON OR ABOUT MAY 25, 1956, AND THAT YOU WOULD LIKE TO HAVE THE GOODS THERE WHEN YOU ARRIVED. THE GOODS WERE SHIPPED ON GOVERNMENT BILL OF LADING FROM SCOTIA TO NEWPORT, WHERE THEY WERE PLACED IN COMMERCIAL STORAGE FROM MARCH 29 TO JUNE 18, 1956, BECAUSE THE SHIPPING OFFICER AT SCOTIA DID NOT AUTHORIZE TEMPORARY STORAGE AT GOVERNMENT EXPENSE OR FURNISH A CERTIFICATE THAT SUCH A STORAGE WAS NECESSARY. THE STORAGE CHARGES AND THE HANDLING IN AND OUT CHARGES IN THE AMOUNT OF $81.99 WERE PAID BY YOU.

PARAGRAPH 8006-1A, JOINT TRAVEL REGULATIONS, IN EFFECT DURING THE PERIOD HERE INVOLVED, PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDED FOR THE TEMPORARY STORAGE OF HOUSEHOLD EFFECTS WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE MEMBER. THE RIGHT TO SUCH STORAGE ACCRUED (1) AFTER PICKUP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH OF SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN; (2) WHILE SHIPMENT IS IN TRANSIT OR EN ROUTE AND STORAGE IS NOT FURNISHED FREE OF CHARGE BY THE CARRIER; AND (3) AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION STATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS. UNDER THE REGULATION THE RECEIPT OF CHANGE OF STATION ORDERS OR MERE TRANSPORTATION OF THE MEMBER'S EFFECTS FOLLOWING ORDERS TO MAKE A PERMANENT CHANGE OF STATION WAS NOT SUFFICIENT TO ENTITLE HIM TO TEMPORARY STORAGE OF HIS EFFECTS. UNDER THE PROVISIONS OF PARAGRAPH 8006-1C OF THE REGULATIONS, TEMPORARY STORAGE AT GOVERNMENT EXPENSE IS AUTHORIZED ONLY IF THE CLAIM FOR PAYMENT IS SUPPORTED BY A CERTIFICATE OF A PROPERLY DESIGNATED AUTHORITY THAT THE STORAGE WAS NECESSARY. A CERTIFICATE OF NECESSITY HAS NOT BEEN FURNISHED IN YOUR CASE, AND IT DOES NOT APPEAR THAT IT PROPERLY COULD BE FURNISHED SINCE THE CIRCUMSTANCES WARRANTING THE ISSUANCE OF SUCH A CERTIFICATE DID NOT INCLUDE A MERE REQUEST BY THE OWNER THAT HIS EFFECTS BE PLACED IN STORAGE AT HIS NEW STATION PENDING SUCH FUTURE DISPOSITION AS HE MIGHT DESIRE OR SO THAT THEY WOULD BE AVAILABLE UPON HIS ARRIVAL THERE. 32 COMP. GEN. 410, 413; 33 ID. 470. IN THAT CONNECTION, PARAGRAPH 8050-6 OF THE REGULATIONS PROVIDES THAT ADVANCE ARRANGEMENTS FOR IMMEDIATE ACCEPTANCE OF THE HOUSEHOLD GOODS FROM THE CARRIER AT DESTINATION ARE THE RESPONSIBILITY OF THE MEMBER. THE MOVEMENT OF YOUR EFFECTS FROM NONTEMPORARY STORAGE AT SCOTIA TO COMMERCIAL STORAGE AT NEWPORT WAS A MERE CONTINUATION OF STORAGE INTERRUPTED BY TRANSPORTATION FROM ONE PLACE OF STORAGE TO ANOTHER PLACE OF STORAGE AND IN THE ABSENCE OF A SHOWING OF THE NECESSITY FOR SUCH STORAGE, DUE TO CONDITIONS BEYOND YOUR CONTROL, MAY NOT BE CONSIDERED TEMPORARY STORAGE UNDER THE CONDITIONS CONTEMPLATED BY THE APPLICABLE REGULATIONS. SEE DECISION OF AUGUST 1, 1956, B 117876, TO THE SECRETARY OF THE NAVY.

ACCORDINGLY, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM AND THE SETTLEMENT OF OCTOBER 30, 1956, IS SUSTAINED.