B-136158, JUN. 20, 1958

B-136158, JUN. 20, 1958

TO CAPTAIN PATRICK E. GALLAGHAN, USAF:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 23, 1958, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED JUNE 24, 1957, WHICH DISALLOWED YOUR CLAIM FOR TEMPORARY STORAGE OF YOUR HOUSEHOLD EFFECTS, INCLUDING THE COST OF PACKING, WRAPPING, AND HAULING SUCH EFFECTS FROM RESIDENCE TO A STORAGE WAREHOUSE FOLLOWING THE RECEIPT OF ORDERS RECALLING YOU TO ACTIVE DUTY AS AN OFFICER IN THE UNITED STATES AIR FORCE RESERVE.

BY LETTER ORDER D-392, DATED MAY 2, 1956, ISSUED BY THE DEPARTMENT OF THE AIR FORCE, WASHINGTON, D.C., YOU WERE RELIEVED FROM YOUR RESERVE ASSIGNMENT AS A FIRST LIEUTENANT IN THE AIR FORCE RESERVE. APPOINTED TO THE TEMPORARY GRADE OF CAPTAIN AND PLACED ON TEMPORARY DUTY--- PENDING FURTHER ORDERS--- AT THE SCHOOL OF AVIATION MEDICINE, USAF, RANDOLPH AIR FORCE BASE, TEXAS, FOR APPROXIMATELY NINE WEEKS COMMENCING AUGUST 2, 1956. PROVISION WAS MADE THAT YOU PERFORM APPROXIMATELY 21 DAYS' TEMPORARY DUTY EN ROUTE AT 3882D SCHOOL GROUP, GUNTER AIR FORCE BASE, MONTGOMERY, ALABAMA, FOR THE PURPOSE OF ATTENDING USAF MEDICAL SERVICE OFFICERS ORIENTATION COURSE. THE ORDERS STIPULATED JULY 7, 1956, AS THE EFFECTIVE DATE OF DUTY AND DATE OF RANK. BY SPECIAL ORDERS NO. 193, DATED SEPTEMBER 24, 1956, YOU WERE RELIEVED FROM THE TEMPORARY ASSIGNMENT AT RANDOLPH AIR FORCE BASE AND ORDERED TO PROCEED AND REPORT TO THE COMMANDER 3201ST USAF HOSPITAL, EGLIN AIR FORCE BASE, FLORIDA, NOT LATER THAN OCTOBER 17, 1956, FOR PERMANENT DUTY.

THE RECORD SHOWS THAT ON JUNE 22, 1956, YOU HAD THE JOHNSON TRANSFER AND STORAGE COMPANY, GARY, INDIANA, PLACE 1,120 POUNDS OF YOUR EFFECTS IN STORAGE AT A COST TO YOU OF $66.69 FOR PACKING, WRAPPING, AND HAULING, PLUS $30, COVERING STORAGE FOR SIX MONTHS. YOUR CLAIM FOR REIMBURSEMENT WAS DISALLOWED BY THE SETTLEMENT OF JUNE 22, 1957, FOR THE REASONS THEREIN STATED. IN REQUESTING REVIEW OF THIS SETTLEMENT YOU HAVE SUBMITTED EVIDENCE INDICATING THAT THESE EFFECTS SUBSEQUENTLY WERE SHIPPED TO YOUR PERMANENT DUTY STATION INCIDENT TO THE ORDERS OF SEPTEMBER 24, 1956.

PARAGRAPH 8007-5 OF THE JOINT TRAVEL REGULATIONS, WHICH GOVERN THE TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE AND TEMPORARY STORAGE) AT GOVERNMENT EXPENSE OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES, PROVIDES THAT WHEN A MEMBER IS UNDER ORDERS FROM A PERMANENT DUTY STATION AND ORDERED TO TEMPORARY DUTY WITHOUT RETURN TO SUCH PERMANENT DUTY STATION, OR TO TEMPORARY DUTY FOR FURTHER ASSIGNMENT, HIS HOUSEHOLD GOODS WITHIN PRESCRIBED PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE MAY BE PACKED, DRAYED, AND PLACED IN STORAGE. PARAGRAPH 8150-4 OF THESE REGULATION PROVIDES THAT WHERE THESE SERVICES HAVE BEEN OBTAINED AT PERSONAL EXPENSE REIMBURSEMENT WILL BE MADE ON THE BASIS OF COST HAD SHIPMENT BEEN MADE BY THE GOVERNMENT, EXCEPT THAT THE SERVICE CONCERNED MAY DIRECT REIMBURSEMENT OF ACTUAL COST IN CASES WHERE IT IS DETERMINED THAT IT WAS IMPRACTICABLE, BECAUSE OF REASONS BEYOND HIS CONTROL, FOR THE OWNER TO HAVE TURNED HIS EFFECTS OVER TO A TRANSPORTATION OFFICER. UNDER THESE REGULATIONS IT APPEARS THAT YOU WERE ENTITLED TO STORAGE OF HOUSEHOLD EFFECTS INCIDENT TO YOUR ORDERS TO EXTENDED ACTIVE DUTY AND PENDING ASSIGNMENT OF A PERMANENT DUTY STATION. AN ADMINISTRATIVE REPORT, HOWEVER, INDICATES THAT THE INVOLVED SERVICES COULD HAVE BEEN PROCURED BY THE LOCAL TRANSPORTATION OFFICER AT A COST TO THE GOVERNMENT OF $50.08 WHICH, IN THE CIRCUMSTANCES OF YOUR CASE, REPRESENTS THE MAXIMUM AMOUNT WHICH MAY BE ALLOWED YOU. ACCORDINGLY, A SETTLEMENT IN THAT AMOUNT WILL ISSUE IN YOUR FAVOR IN DUE COURSE.