B-134447, DEC. 17, 1957

B-134447, DEC. 17, 1957

TO NORMAN E. JERGER, YN1:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 7, 1957, REQUESTING REVIEW OF SETTLEMENT DATED NOVEMBER 6, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE STORAGE CHARGES OF YOUR HOUSEHOLD EFFECTS FOR THE PERIOD AUGUST 5, 1954, TO FEBRUARY 7, 1955.

BY ORDERS PREPARED APRIL 22, 1954, YOU WERE RELIEVED FROM YOUR ASSIGNMENT AT NAPLES, ITALY, AND ORDERED TO DUTY ABOARD THE U.S.S. LEYTE (CVS-32). PURSUANT TO YOUR APPLICATION DATED APRIL 26, 1954, IN WHICH YOU AGREED TO PAY ALL EXCESS COSTS NOT AUTHORIZED TO BE PAID BY THE GOVERNMENT, YOUR HOUSEHOLD EFFECTS WERE PACKED AND SHIPPED BY WATER FREIGHT TO THE RECEIVING OFFICER, NAVAL SUPPLY DEPOT, BAYONNE, NEW JERSEY, FOR TRANS- SHIPMENT TO THE RECEIVING OFFICER, QUONSET POINT, RHODE ISLAND. ON AUGUST 5, 1954, YOUR EFFECTS WERE PLACED IN COMMERCIAL STORAGE AT PROVIDENCE, RHODE ISLAND, AND REMAINED THERE UNTIL FEBRUARY 7, 1955. AT THAT TIME, UPON YOUR APPLICATION, THEY WERE SHIPPED AT GOVERNMENT EXPENSE TO YOUR NEW DUTY STATION AT QUANTICO, VIRGINIA, INCIDENT TO YOUR ORDERS PREPARED JANUARY 24, 1955. THE GOVERNMENT PAID THE SUM OF $104.40 FOR THE MOVEMENT IN AND OUT OF STORAGE AND STORAGE OF YOUR EFFECTS AT PROVIDENCE, RHODE ISLAND. YOU WERE REQUIRED TO REPAY THIS SUM TO THE GOVERNMENT. YOU NOW ASSERT THAT YOU ARE ENTITLED TO REIMBURSEMENT OF THESE STORAGE CHARGES ON THE BASIS THAT YOU REQUESTED THAT YOUR EFFECTS BE PLACED IN NONTEMPORARY STORAGE AND YOU SHOULD NOT BE HELD RESPONSIBLE FOR THE MISTAKE OF GOVERNMENT PERSONNEL WHO MISCONSTRUED YOUR INSTRUCTIONS.

THE STORAGE OF HOUSEHOLD GOODS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY PARAGRAPH 8006 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253. PARAGRAPH 8006, CHANGE 22, APRIL 1, 1954, OF SUCH REGULATIONS, IN EFFECT DURING THE PERIOD HERE INVOLVED, PROVIDED THAT WHERE STORAGE OF HOUSEHOLD EFFECTS WAS DESIRED UPON ASSIGNMENT TO SEA DUTY OR DUTY OUTSIDE THE UNITED STATES THE EFFECTS MIGHT BE PLACED IN NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES WHEN SUCH FACILITIES WERE AVAILABLE. SIMILARLY, PARAGRAPH 8009-4B (1) OF THE REGULATIONS AUTHORIZED SHIPMENT TO THE NEAREST NONTEMPORARY STORAGE UPON ASSIGNMENT TO SEA DUTY. HOWEVER, SUCH RIGHT TO STORAGE IN GOVERNMENT FACILITIES 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, THERE IS NO AUTHORITY FOR REIMBURSING A MEMBER FOR COMMERCIAL COSTS CLAIMED ON THE BASIS THAT SUCH COSTS WOULD NOT HAVE BEEN INCURRED HAD GOVERNMENT STORAGE BEEN FURNISHED. WHILE YOU STATE THAT YOU REQUESTED GOVERNMENT STORAGE, AND THAT YOU WERE NOT AWARE THAT YOUR EFFECTS WERE STORED IN A COMMERCIAL WAREHOUSE UNTIL YOU WERE SO ADVISED IN JANUARY 1955, SUCH INFORMATION HAS NO BEARING ON YOUR CLAIM, SINCE THERE WAS NO AUTHORITY FOR NONTEMPORARY STORAGE OF A MEMBER'S HOUSEHOLD EFFECTS IN COMMERCIAL WAREHOUSES AT GOVERNMENT EXPENSE AT THAT TIME UNDER ANY CIRCUMSTANCES.