B-130737, APR. 1, 1957

B-130737, APR. 1, 1957

TO COMMANDER FRANK L. DE LORENZO, USN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 6, 1956, WITH ENCLOSURES--- FORWARDED HERE JANUARY 10, 1957, BY U.S. NAVY REGIONAL ACCOUNTS OFFICE, WASHINGTON 25, D.C.--- REQUESTING REVIEW OF OUR SETTLEMENT OF SEPTEMBER 26, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED IN THE STORAGE OF YOUR HOUSEHOLD EFFECTS DURING THE PERIOD FROM JUNE 2, 1954, TO JULY 15, 1954.

BY BUPERS MESSAGE 291817Z OF MARCH 1954, QUOTED IN ORDERS DATED APRIL 20, 1954, VP-34/P16-3/00, SIGNED BY YOU AS COMMANDING OFFICER, PATROL SQUADRON THIRTY FOUR, IT WAS PROVIDED THAT WHEN RELIEVED YOU WOULD REGARD YOURSELF DETACHED FROM DUTY INVOLVING FLYING IN OPERATIONAL AND/OR TRAINING FLIGHTS; WOULD PROCEED TO THE UNITED STATES AND UPON ARRIVAL FURTHER PROCEED AND REPORT TO THE COMMANDING OFFICER, U.S. NAVAL AIR STATION, PENSACOLA, FLORIDA, FOR DUTY INVOLVING FLYING IN OPERATIONAL AND/OR TRAINING FLIGHTS. YOU WERE AUTHORIZED, PROVIDED NO EXCESS LEAVE WAS INVOLVED, TO DELAY FOR 15 DAYS IN REPORTING, SUCH DELAY TO COUNT AS LEAVE. FIRST ENDORSEMENT DATED JUNE 1, 1954, SHOWS THAT YOU WERE DETACHED ON THAT DATE AND WERE DIRECTED TO REPORT TO THE COMMANDING OFFICER, U.S. NAVAL STATION, TRINIDAD, BRITISH WEST INDIES, FOR TRANSPORTATION. SECOND ENDORSEMENT DATED JUNE 15, 1954, SHOWS YOU REPORTED JUNE 1, 1954, AND THAT YOU WERE DETACHED JUNE 15, 1954, AND DIRECTED TO REPORT TO THE COMMANDING OFFICER, MILITARY DEPARTMENT, USNS PVT WILLIAM H. THOMAS (T-AP 185) FOR FURTHER TRANSPORTATION TO UNITED STATES. THIRD ENDORSEMENT DATED JUNE 23, 1954, SHOWS YOU WERE DETACHED THAT DATE FROM THE VESSEL ON WHICH TRANSPORTED. FOURTH ENDORSEMENT DATED JULY 19, 1954, SHOWS THAT YOU REPORTED AT PENSACOLA, FLORIDA, ON JULY 16, 1954, FOR DUTY.

BY APPLICATION FOR TRANSPORTATION OF HOUSEHOLD EFFECTS DATED MAY 11, 1954, YOU REQUESTED THE RECEIVING OFFICER, NAVAL SUPPLY DEPOT, MECHANICSBURG, PENNSYLVANIA, TO SHIP YOUR HOUSEHOLD EFFECTS--- GROSS WEIGHT 7,795 POUNDS--- FROM STORAGE THERE TO NAVAL AIR STATION, PENSACOLA, FLORIDA, BY FREIGHT, GIVING YOUR OFFICIAL HOME AS 34 CRESCENT DRIVE, STAR LAKE, PENSACOLA, FLORIDA. YOUR EFFECTS WERE CONSIGNED ON BILL OF LADING NO. N-16435731, DATED MAY 27, 1954, VIA ACME FAST FREIGHT, INC., TO BONDED DISTRIBUTION AND STORAGE COMPANY, 710 PALAFOX STREET, PENSACOLA, FLORIDA, WHERE THEY ARRIVED ON JUNE 2, 1954, PRIOR TO YOUR ARRIVAL AT PENSACOLA, AND WERE PLACED IN COMMERCIAL STORAGE WITH THE CONSIGNEE. ON JULY 15, 1954, YOUR HOUSEHOLD EFFECTS WERE DELIVERED FROM STORAGE TO YOUR RESIDENCE. STORAGE AND DRAYAGE CHARGES AMOUNTING TO $46.78 WERE PAID BY THE GOVERNMENT. IN THE AUDIT OF THE VOUCHER COVERING THAT PAYMENT NOTICE OF EXCEPTION WAS ISSUED RESULTING IN CHECK AGE OF THAT AMOUNT AGAINST YOUR PERSONAL PAY ACCOUNT AS AUTHORIZED BY YOU ON YOUR APPLICATION FOR TRANSPORTATION OF HOUSEHOLD EFFECTS DATED MAY 11, 1954. YOUR CLAIM FOR REFUND OF THAT SUM WAS DISALLOWED BY OUR SETTLEMENT DATED SEPTEMBER 26, 1956, FOR THE REASON THAT YOU FAILED TO MAKE ADVANCE ARRANGEMENTS FOR THE IMMEDIATE ACCEPTANCE OF YOUR HOUSEHOLD EFFECTS UPON THEIR ARRIVAL AT PENSACOLA AS REQUIRED BY PARAGRAPH 8050-6 OF THE JOINT TRAVEL REGULATIONS, AND AS THE TEMPORARY STORAGE WAS NOT SUPPORTED BY A CERTIFICATE OF NECESSITY THEREFOR.

WITH YOUR LETTER OF NOVEMBER 6, 1956, YOU TRANSMIT A CERTIFICATE OF NECESSITY FOR STORAGE DATED OCTOBER 18, 1956--- ISSUED PURSUANT TO YOUR REQUEST OF OCTOBER 12, 1956--- WHICH STATES MERELY THAT YOUR HOUSEHOLD EFFECTS ARRIVED PRIOR TO YOUR REPORTING ABOARD FOR DUTY AND YOUR OFFICIAL HOME, 34 CRESCENT DRIVE, WAS NOT AVAILABLE FOR YOUR OCCUPANCY UNTIL JULY 15, 1954.

THE PERTINENT PARAGRAPHS OF THE JOINT TRAVEL REGULATIONS IN FORCE AT THE TIME OF THE STORAGE IN QUESTION PROVIDED:

"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 THE 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 THE PRESCRIBED WEIGHT ALLOWANCE IS AUTHORIZED AT GOVERNMENT EXPENSE. * * *"

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 BY ITSELF CANNOT BE ACCEPTED AS A BASIS FOR ALLOWING THE COST OF STORAGE WHERE THE RECORD OTHERWISE SHOWS THAT THE STORAGE WAS IN FACT NOT DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE MEMBER. YOUR APPLICATION FOR TRANSPORTATION OF HOUSEHOLD EFFECTS WAS MADE ON MAY 11, 1954, AND YOU GAVE YOUR ADDRESS THEREIN AS 34 CRESCENT DRIVE, INDICATING THAT YOU KNEW WHAT QUARTERS YOU WOULD OCCUPY AT PENSACOLA. YOU MUST HAVE KNOWN AT THAT TIME THAT YOUR SHIPMENT COULD ARRIVE BEFORE YOUR ARRIVAL THERE, INASMUCH AS YOU HAD NOT ON MAY 11, 1954, BEEN RELIEVED FROM YOUR DUTY STATION. IT WAS NOT UNTIL JUNE 1, 1954, THAT YOU REPORTED FOR TRANSPORTATION TO THE UNITED STATES, AND NOT UNTIL JUNE 15, 1954, THAT YOU BOARDED THE TRANSPORT. IN ADDITION YOU WERE AUTHORIZED TO DELAY 15 DAYS AS LEAVE. 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 DESTINATION FOR THE DISPOSITION OF YOUR EFFECTS. WHEN YOUR EFFECTS ARRIVED WITHOUT SUCH INSTRUCTIONS, THERE WAS NO ALTERNATIVE BUT TO PLACE THEM IN TEMPORARY STORAGE AT YOUR EXPENSE. WOULD APPEAR THAT THE EXPENSE FOR STORAGE RESULTED FROM YOUR EARLY REQUEST FOR SHIPMENT OUT OF GOVERNMENT STORAGE FACILITIES AT MECHANICSBURG, PENNSYLVANIA, RATHER THAN FROM CIRCUMSTANCES BEYOND YOUR CONTROL.

ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 26, 1956, WAS CORRECT AND IS SUSTAINED.