B-137325, NOV 20, 1958

B-137325, NOV 20, 1958

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL S. GADDIS, DISBURSING OFFICER:

YOUR LETTER OF JULY 28, 1958, REQUESTS AN ADVANCE DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF CWO-2 GEORGE CAKE, W-2 205 522, IN THE AMOUNT OF $172.90 AS REIMBURSEMENT FOR THE COST OF DRAYAGE AND STORAGE OF HIS HOUSEHOLD EFFECTS. YOUR LETTER WAS FORWARDED TO US BY 1ST INDORSEMENT DATED SEPTEMBER 5, 1958, UNDER PDTATAC CONTROL NO. 58-5.

BY PARAGRAPH 2, SPECIAL ORDERS NO. 83, DATED APRIL 17, 1956, THE MEMBER WAS TRANSFERRED FROM HEADQUARTERS, 79TH AAA, MISSILE BATTALION (GARY, INDIANA), TO BATTERY A, 79TH AAA MISSILE BATTALION (WORTH, ILLINOIS), ON PERMANENT CHANGE OF STATION. ON APRIL 19, 1956, HIS HOUSEHOLD EFFECTS WERE HAULED FROM HIS RESIDENCE IN GARY TO COMMERCIAL STORAGE IN THE SAME CITY WHERE THEY REMAINED UNTIL AUGUST 10, 1956. THE AMOUNT CLAIMED REPRESENTS THE AMOUNT PAID BY THE MEMBER FOR DRAYAGE, PACKING, AND STORAGE FOR FOUR MONTHS. IT IS STATED THAT THE MOVING CHARGES WERE BASED ON AN HOURLY RATE AND FOR THAT REASON A WEIGHT CERTIFICATE HAS NOT BEEN FURNISHED. IT APPEARS, HOWEVER, THAT THE CONTENT OF THE SHIPMENT WAS 750 CUBIC FEET WHEN REMOVED FROM STORAGE. ON THE BASIS OF 7 POUNDS PER CUBIC FEET (PARAGRAPH 8001-1, JOINT TRAVEL REGULATIONS) THE SHIPMENT MAY BE REGARDED AS WEIGHING 5,250 POUNDS, OR WELL WITHIN THE AUTHORIZED WEIGHT ALLOWANCE FOR THE MEMBER.

YOU SAY THAT INCIDENT TO THE SAME CHANGE OF STATION, THE EFFECTS WERE DRAYED FROM THE PLACE OF STORAGE TO A CIVILIAN RESIDENCE AT CHICAGO RIDGE, ILLINOIS, AT GOVERNMENT EXPENSE AND UPON ASSIGNMENT OF THE MEMBER TO GOVERNMENT QUARTERS AT HIS STATION ON JANUARY 31, 1957, THE EFFECTS WERE FURTHER HAULED TO HIS QUARTERS AT PUBLIC EXPENSE. YOUR QUESTION AS TO THE PROPRIETY OF PAYMENT ARISES FROM THE FACT THAT WE HAVE HELD ENTITLEMENT TO TEMPORARY STORAGE IS IN CONJUNCTION WITH AND NOT SEPARATE FROM TRANSPORTATION OF HOUSEHOLD EFFECTS, AND THAT INTRA-CITY DRAYAGE MAY NOT BE CONSIDERED A SHIPMENT SO AS TO AUTHORIZE TEMPORARY STORAGE OF HOUSEHOLD EFFECTS INCIDENT TO SUCH DRAYAGE. 32 COMP. GEN. 410 AND 33 ID. 470. THIS CONNECTION, IT APPEARS FROM 1ST INDORSEMENT, HEADQUARTERS FIFTH U. S. ARMY, DATED FEBRUARY 11, 1958, THAT GARY, INDIANA, AND WORTH, ILLINOIS, ARE IN THE SAME COMMERCIAL ZONE AS DEFINED BY THE INTERSTATE COMMERCE COMMISSION, AND THAT THE CHIEF OF TRANSPORTATION HAS DEFINED DRAYAGE WHOLLY WITHIN THE CONFINES OF A COMMERCIAL ZONE AS INTRA-CITY DRAYAGE.

PARAGRAPH 8006-1A, CHANGE 45, JOINT TRAVEL REGULATIONS, AUTHORIZES TEMPORARY STORAGE OF HOUSEHOLD EFFECTS WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION DUE TO CONDITIONS BEYOND CONTROL OF THE MEMBER INCLUDING BUT NOT LIMITED TO NONAVAILABILITY OF HOUSING AT DESTINATION, INCLUDING STORAGE FOR SUCH REASONS AT POINT OF ORIGIN. THE PRESENT CASE, THE HOUSEHOLD EFFECTS WERE HAULED TO STORAGE AT POINT OF ORIGIN AND REMAINED THERE FOR FOUR MONTHS BECAUSE THE MEMBER WAS UNABLE TO LOCATE HOUSING AT OR NEAR HIS NEW STATION. WHEN CIVILIAN HOUSING WAS OBTAINED THE EFFECTS WERE HAULED TO HIS RESIDENCE AND, SUBSEQUENTLY, TO GOVERNMENT QUARTERS AT HIS STATION. THUS, THE STORAGE OCCURRED IN CONNECTION WITH A MOVEMENT OF HIS HOUSEHOLD EFFECTS FROM HIS OLD STATION TO HIS NEW. WHILE GARY, INDIANA, AND WORTH, ILLINOIS, ARE IN THE SAME COMMERCIAL ZONE FOR RATE PURPOSES, IT APPEARS FROM THE RAND MCNALLY COMMERCIAL ATLAS, 1958, THAT THEY ARE IN SEPARATE METROPOLITAN AREAS, APPROXIMATELY 40 MILES APART. THEREFORE, IT WOULD APPEAR THAT THE SHIPMENT HERE INVOLVED WAS NOT AN INTRA-CITY MOVE OF HOUSEHOLD EFFECTS FOR WHICH STORAGE WOULD NOT BE AUTHORIZED. COMPARE 32 COMP. GEN. 410 AND 33 ID. 470. ACCORDINGLY, THE MEMBER IS ENTITLED TO TRANSPORTATION OF HIS HOUSEHOLD EFFECTS.

THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT THEREON BEING AUTHORIZED, IF OTHERWISE CORRECT.