B-132817, OCT. 29, 1957

B-132817, OCT. 29, 1957

TO MAJOR BRADLEY BIGGS:

REFERENCE IS MADE TO YOUR LETTERS OF JULY 24, AND SEPTEMBER 3, 1957. YOU REQUEST REVIEW OF SETTLEMENT DATED JULY 9, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR ALL OR PART OF THE SUM OF $384, REPRESENTING THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS FOR THE PERIOD DECEMBER 23, 1953, TO AUGUST 15, 1956.

BY ORDERS DATED MAY 29, 1953, YOU WERE TRANSFERRED FROM YOUR DUTY STATION AT FORT CAMPBELL, KENTUCKY, TO DUTY OVERSEAS. WHEN YOU RECEIVED YOUR OVERSEAS ORDERS YOUR EFFECTS WERE IN COMMERCIAL STORAGE AT YOUR EXPENSE WHERE THEY REMAINED UNTIL YOU RETURNED TO THE UNITED STATES. BY ORDERS OF JUNE 27, 1956, HEADQUARTERS UNITED STATES ARMY, EUROPE, YOU WERE RELEASED FROM DUTY AT HEIDELBERG, GERMANY, AND REASSIGNED TO CAMP CAMPBELL, KENTUCKY. PRIOR TO THE REMOVAL OF YOUR EFFECTS FROM STORAGE YOU WERE REQUIRED TO PAY THE SUM OF $384 REPRESENTING STORAGE FOR THE PERIOD DECEMBER 23, 1953, TO AUGUST 15, 1956. YOUR CLAIM FOR REIMBURSEMENT IN THIS AMOUNT WAS DISALLOWED BY SETTLEMENT DATED JULY 9, 1957. IT APPEARS TO BE YOUR VIEW THAT, UPON RECEIPT BY YOU OF PERMANENT CHANGE OF STATION ORDERS TO OVERSEAS DUTY, THE GOVERNMENT WAS REQUIRED TO ASSUME RESPONSIBILITY FOR THE STORAGE OF YOUR HOUSEHOLD EFFECTS WITHOUT FURTHER FORMAL ACTION ON YOUR PART, AND NOTWITHSTANDING THE FACT THAT YOUR EFFECTS WERE NOT THEN IN USE BY YOU BUT WERE ALREADY IN COMMERCIAL STORAGE.

THE RECORD INDICATES THAT, WITHOUT DISTURBING YOUR EFFECTS AS STORED, THE TRANSPORTATION OFFICER AT FORT CAMPBELL PAID STORAGE ON THEM FOR SIX MONTHS, JUNE 23 AND DECEMBER 22, 1953, AS FOR TEMPORARY STORAGE. THE STORAGE OF HOUSEHOLD GOODS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY PARAGRAPH 8006 OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, AS AMENDED. SINCE THE APPLICABLE STATUTE AUTHORIZES TEMPORARY STORAGE OF HOUSEHOLD EFFECTS IN COMMERCIAL FACILITIES ONLY WHEN SUCH STORAGE IS INCIDENT TO A SHIPMENT OF THE EFFECTS, WE HELD IN OUR DECISION, B-117876, APRIL 16, 1954, 33 COMP. GEN. 470, 474, THAT WHERE EFFECTS ARE PLACED IN STORAGE AT ORIGIN SOLELY UPON THE OWNER'S OWN RESPONSIBILITY, OR BECAUSE OF CONDITIONS EXISTING AT THE CONTEMPLATED DESTINATION WHICH ARE KNOWN TO AND MAY BE CERTIFIED TO BY APPROPRIATE AUTHORITY AS WARRANTING TEMPORARY STORAGE, AND NO SHIPMENT ACTUALLY IS MADE BECAUSE THE CONDITIONS AT DESTINATION IN FACT, WERE NOT TEMPORARY, NO RIGHT TO STORAGE AT GOVERNMENT EXPENSE ACCRUES, AND ANY ADVANCES ON ACCOUNT OF SUCH STORAGE SHOULD BE CHECKED IN THE OWNER'S PAY ACCOUNT. HENCE, SINCE NO SHIPMENT OF YOUR EFFECTS WAS MADE INCIDENT TO YOUR ORDERS OF MAY 29, 1953, YOUR ENTITLEMENT TO THE TEMPORARY STORAGE FURNISHED IS NOT ENTIRELY FREE FROM DOUBT BUT IT WILL NOT NOW BE QUESTIONED.

WITH RESPECT TO NONTEMPORARY STORAGE OF YOUR EFFECTS, HOWEVER, THE LAW AND REGULATIONS, PARAGRAPH 8006-2, IN EFFECT AT THE TIME YOU WERE ORDERED OVERSEAS, PROVIDED ONLY FOR SUCH NONTEMPORARY STORAGE IN AVAILABLE GOVERNMENT FACILITIES UPON ASSIGNMENT TO DUTY OVERSEAS. THIS RIGHT TO STORAGE WAS NOT A STATUTORY RIGHT BUT WAS MERELY A PRIVILEGE ACCORDED MEMBERS TO THE EXTENT THAT SUCH FACILITIES WERE AVAILABLE WHEN STORAGE WAS REQUESTED AND WAS CONDITIONED UPON ACTUAL ACCEPTANCE AND STORAGE OF THE EFFECTS BY THE GOVERNMENT. IT WAS A SERVICE THAT COULD BE RENDERED IN KIND ONLY, AND WHERE THE EFFECTS WERE NOT IN FACT SO STORED, IRRESPECTIVE OF THE REASONS, THERE IS NO AUTHORITY FOR REIMBURSING A MEMBER FOR COMMERCIAL STORAGE COSTS CLAIMED ON THE BASIS

ACCORDINGLY, THE SETTLEMENT OF JULY 9, 1957, DISALLOWING YOUR CLAIM, FURNISHED.

ACCORDINGLY, THE SETTLEMENT OF JULY 9, 1957, DISALLOWING YOUR CLAIM, IS SUSTAINED.