B-132553, SEP. 10, 1957

B-132553, SEP. 10, 1957

TO MASTER SERGEANT MELVIN F. POWELL, USAF:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 19, 1957, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF FEBRUARY 5, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS FROM OCTOBER 15, 1954, TO APRIL 15, 1955.

BY ORDERS DATED SEPTEMBER 8, 1954, YOU WERE TRANSFERRED FROM MCCONNEL AIR FORCE BASE, WICHITA, KANSAS, TO CAMP KILMER, NEW JERSEY, FOR FURTHER ASSIGNMENT TO DUTY OVERSEAS. ON OCTOBER 11, 1954, YOU REQUESTED THE TRANSPORTATION OFFICER, MCCONNELL AIR FORCE BASE, TO PICK UP YOUR HOUSEHOLD EFFECTS LOCATED IN YOUR RESIDENCE IN WICHITA, KANSAS, IT BEING UNDERSTOOD THAT THEY WOULD BE PLACED IN TEMPORARY STORAGE PENDING FURTHER INSTRUCTIONS FROM YOU. ON OCTOBER 15, 1954, YOUR EFFECTS WERE PLACED IN A COMMERCIAL WAREHOUSE IN WICHITA WHERE THEY REMAINED DURING YOUR TOUR OF DUTY OVERSEAS (NEWFOUNDLAND). THE RECORD SHOWS YOU DID NOT REQUEST SHIPMENT OF YOUR EFFECTS, OR THAT THEY BE PLACED IN NONTEMPORARY GOVERNMENT STORAGE. FURTHER, IT APPEARS THAT SUCH STORAGE WAS NOT AVAILABLE IN WICHITA. ON MARCH 30, 1955, YOU ADVISED THE COMMERCIAL TRANSPORTATION OFFICER AT MCCONNELL AIR FORCE BASE THAT YOU WERE DUE TO BE RETURNED TO THE UNITED STATES IN DECEMBER OF THAT YEAR FOR DISCHARGE AND REENLISTMENT, AND THAT YOU WERE ENTITLED TO REENLIST AT A STATION OF YOUR CHOICE. FURTHER, YOU REQUESTED ADVICE AS TO WHETHER YOUR HOUSEHOLD EFFECTS COULD REMAIN AT MCCONNELL AIR FORCE BASE, SINCE YOU INTENDED TO RETURN THERE. IF THE EFFECTS WERE TO BE MOVED TO AN AIR FORCE DEPOT, YOU ASKED ADVICE AS TO WHERE THEY WOULD BE SHIPPED. IN REPLY YOU WERE ADVISED THAT SINCE YOU WOULD RETURN TO THE UNITED STATES IN DECEMBER, YOUR EFFECTS COULD NOT THEN BE SHIPPED TO A STORAGE DEPOT, AND THAT TEMPORARY STORAGE AT GOVERNMENT EXPENSE WAS NOT AUTHORIZED EXCEPT IN CONJUNCTION WITH A SHIPMENT OF THE EFFECTS.

ON NOVEMBER 30, 1955, FOLLOWING YOUR RETURN TO THE UNITED STATES AND REASSIGNMENT TO MCCONNELL AIR FORCE BASE THEY WERE RETURNED TO YOUR RESIDENCE IN WICHITA. YOUR CLAIM FOR THE FIRST SIX MONTHS OF STORAGE WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE, IT BEING STATED THAT NO PART OF THE STORAGE CHARGES COULD BE PAID BY THE GOVERNMENT. WHILE YOUR PRESENT LETTER MENTIONS CERTAIN STATEMENTS IN AIR FORCE CORRESPONDENCE RELATING TO YOUR CLAIM, THE CRUX OF YOUR REQUEST FOR REVIEW IS THAT YOU BELIEVE THE SETTLEMENT IS NOT IN CONFORMITY WITH PARAGRAPHS 8009/1) AND 8006/1) AND (2) OF JOINT TRAVEL REGULATIONS WHICH YOU STATE PROVIDE FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS WITH ALL CHARGES ACCRUING AFTER 180 DAYS TO BE BORNE BY THE MEMBER.

THE PACKING, CRATING, SHIPMENT AND STORAGE OF HOUSEHOLD EFFECTS OF SERVICE PERSONNEL ARE GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253. PARAGRAPH 8009-1 OF THE REGULATIONS PROVIDES THAT A MEMBER WHO IS AUTHORIZED SHIPMENT OF HOUSEHOLD GOODS UNDER PERMANENT CHANGE OF STATION ORDERS WILL ALSO BE ENTITLED TO TEMPORARY STORAGE IN CONJUNCTION WITH SUCH SHIPMENT IN ACCORDANCE WITH PARAGRAPH 8006-1 OF THOSE REGULATIONS. THE LATTER PARAGRAPH PROVIDES THAT WHEN NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, AND DUE TO CONDITIONS BEYOND CONTROL OF THE OWNER, 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 FROM CARRIER'S STATION AT POINT OF ORIGIN; WHILE SHIPMENT IS IN TRANSIT OR EN ROUTE AND STORAGE IS NOT FURNISHED FREE BY THE CARRIER; OR AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION STATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS. AT THE TIME HERE INVOLVED, IT WAS FURTHER PROVIDED THAT STORAGE COSTS FOR TIME IN EXCESS OF SIX MONTHS WOULD BE BORNE BY THE OWNER. TEMPORARY STORAGE IS AUTHORIZED ONLY AS AN INCIDENT OF TRANSPORTATION; THAT IS, FOR PERIODS OF DELAY ARISING DURING THE COURSE OF A MOVEMENT OF HOUSEHOLD EFFECTS BETWEEN AUTHORIZED POINTS. WHERE, AS HERE, THERE IS NO SHIPMENT AND THE EFFECTS ARE SIMPLY PLACED IN LOCAL COMMERCIAL STORAGE, THERE IS NO AUTHORITY FOR PAYMENT OF ANY PART OF THE STORAGE CHARGES INCURRED. PARAGRAPH 8006-2 CHANGE 22, APRIL 1, 1954, OF THE REGULATION PROVIDED THAT WHERE STORAGE OF HOUSEHOLD EFFECTS WAS DESIRED UPON PERMANENT ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES, THE EFFECTS MIGHT BE PLACED IN NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES WHEN SUCH FACILITIES WERE AVAILABLE. THUS, AT THE TIME YOUR EFFECTS WERE STORED, THIS WAS A SERVICE WHICH COULD BE FURNISHED IN KIND ONLY, AND THE UNAVAILABILITY OF GOVERNMENT FACILITIES, OR FAILURE OTHERWISE TO FURNISH SUCH STORAGE, DID NOT GIVE RISE TO A RIGHT TO REIMBURSEMENT OF EXPENSES INCURRED FOR COMMERCIAL STORAGE OF SUCH EFFECTS.

HOWEVER, SINCE YOU WERE ENTITLED TO HAVE YOUR EFFECTS PACKED AND HAULED FROM YOUR RESIDENCE INCIDENT TO THE ORDERS ASSIGNING YOU TO DUTY OVERSEAS, AND TO HAVE THEM RETURNED TO YOUR RESIDENCE AND UNPACKED INCIDENT TO THE ORDERS RETURNING YOU TO THE UNITED STATES AND ASSIGNING YOU TO DUTY AT YOUR OLD STATION, A SETTLEMENT FOR SUCH AMOUNT AS MAY BE FOUND DUE FOR THOSE ITEMS WILL ISSUE IN DUE COURSE.