B-137375, NOV 7, 1958

B-137375, NOV 7, 1958

PRECIS-UNAVAILABLE

CAPTAIN E. P. BONNER, USN:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 27, 1958, REQUESTING REVIEW OF OUR SETTLEMENT DATED AUGUST 14, 1958, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $74.39 PAID BY YOU TO THE GOVERNMENT AS EXCESS COST FOR TEMPORARY STORAGE OF YOUR HOUSEHOLD EFFECTS IN KEY WEST, FLORIDA, IN JULY 1957.

BY ORDERS DATED MAY 15, 1957, AS MODIFIED BY ORDERS DATED JUNE 17, 1957, YOU WERE DETACHED FROM DUTY AT WASHINGTON, D. C., IN JULY 1957, AND DIRECTED TO PROCEED AND REPORT TO THE COMMANDER, ESCORT SQUADRON TWELVE, FOR DUTY AS HIS RELIEF, WITH INTERVENING TEMPORARY DUTY AT NEWPORT, RHODE ISLAND. ON JULY 15, 1957, YOU EXECUTED AN APPLICATION FOR TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM FALLS CHURCH, VIRGINIA, TO KEY WEST, FLORIDA, AND FOR TEMPORARY STORAGE AT DESTINATION. IN SUCH APPLICATION YOU AGREED TO PAY ALL COSTS NOT AUTHORIZED BY THE REGULATIONS. ONE LOT OF YOUR HOUSEHOLD EFFECTS, SHOWN AS HAVING A GROSS WEIGHT OF 15,080 POUNDS, INCLUDING 1,300 POUNDS OF PROFESSIONAL BOOKS, WAS PACKED AND SHIPPED BY VAN FROM FALLS CHURCH, VIRGINIA, TO KEY WEST, FLORIDA, ON GOVERNMENT BILL OF LADING NO. N 33031852, ISSUED ON JULY 16, 1957. THE BILL OF LADING CONTAINS THE FOLLOWING NOTATION: "90 DAYS STORAGE IN TRANSIT IS AUTHORIZED AND WILL BE AT DESTINATION (CARRIER NOTIFY RO, HAVSTA KEY WEST FLA. NAME & LOCATION OF SIT WHSE PRIOR TO PLACING HUG IN STORAGE)." UPON ARRIVAL OF THE EFFECTS AT DESTINATION THEY WERE PLACED IN COMMERCIAL STORAGE ON JULY 29, 1957. THE EFFECTS WERE REMOVED FROM STORAGE AND HAULED TO YOUR RESIDENCE IN KEY WEST ON AUGUST 1, 1957. THE COST FOR PACKING, TRANSPORTATION, STORAGE, AND HAULING YOUR EFFECTS FROM STORAGE TO YOUR RESIDENCE WAS PAID BY THE GOVERNMENT.

INCIDENT TO YOUR PERMANENT CHANGE OF STATION DIRECTED BY THE ORDERS OF MAY 15, 1957, YOU WERE ENTITLED TO THE SHIPMENT AND NECESSARY TEMPORARY STORAGE AT GOVERNMENT EXPENSE OF YOUR HOUSEHOLD EFFECTS WITHIN YOUR AUTHORIZED PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE. AT THE TIME HERE INVOLVED YOU HELD THE RANK OF COMMANDER AND YOUR PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE OF HOUSEHOLD EFFECTS AUTHORIZED TO BE SHIPPED AT GOVERNMENT EXPENSE WAS 10,000 POUNDS NET, AS PROVIDED BY PARAGRAPH 8001-1 OF THE JOINT TRAVEL REGULATIONS. PARAGRAPH 8100-1(6) OF THE SAME REGULATIONS PROVIDES THAT COSTS FOR SHIPPING AND STORAGE OF HOUSEHOLD GOODS IN EXCESS OF THE PRESCRIBED WEIGHT ALLOWANCE AUTHORIZED BY THE REGULATIONS WILL BE PAID BY THE MEMBERS FOR WHOM SHIPMENTS ARE MADE. PARAGRAPH 8005-4 PROVIDES THAT THE COST OF DRAYING OR HAULING UNAUTHORIZED ARTICLES "OR ANY WEIGHT IN EXCESS OF PRESCRIBED WEIGHT ALLOWANCES WILL BE BORNE BY THE OWNER."

SINCE THE WEIGHT OF THE EFFECTS SHIPPED, STORED, AND HAULED FOR YOU IN ACCORDANCE WITH YOUR APPLICATION EXCEEDED YOUR AUTHORIZED PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE, THERE WAS COLLECTED FROM YOU THE EXCESS COSTS RESULTING FROM THE EXCESS WEIGHT. YOUR CLAIM FOR REFUND OF $74.39 PAID BY YOU AS EXCESS COST FOR TEMPORARY STORAGE AND HAULING YOUR EFFECTS FROM STORAGE TO YOUR RESIDENCE WAS DISALLOWED BY OUR SETTLEMENT DATED AUGUST 14, 1958.

IN SUPPORT OF YOUR CLAIM, YOU SAY IN SUBSTANCE THAT YOU HAD ACQUIRED A RESIDENCE IN KEY WEST, FLORIDA, PRIOR TO THE TIME YOUR EFFECTS ARRIVED THERE; THAT YOU INSTRUCTED THE VAN DRIVER BEFORE SHIPMENT THAT YOUR EFFECTS SHOULD BE UNLOADED IN YOUR NEW HOME; THAT YOU REQUESTED AN OFFICIAL AT THE SUPPLY DEPARTMENT, NAVAL STATION, KEY WEST, FLORIDA, TO INSTRUCT THE CARRIER TO DELIVER YOUR EFFECTS DIRECT TO YOUR RESIDENCE RATHER THAN TO STORAGE; THAT CONTRARY TO YOUR WISHES ANOTHER OFFICIAL AT THE NAVAL STATION AUTHORIZED THE CARRIER TO PLACE THE EFFECTS IN STORAGE; THAT THE MISTAKE OF THE GOVERNMENT'S AGENT WAS THE CAUSE OF THE EXCESS COST FOR THE STORAGE OF THE EFFECTS; AND THAT YOU SHOULD NOT BE REQUIRED TO PAY FOR SUCH MISTAKE. ON SUCH BASIS YOU URGE THAT YOUR CLAIM SHOULD BE ALLOWED.

IN A LETTER DATED MARCH 28, 1958, FROM THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS, TO YOU, IT WAS STATED THAT:

"2. INFORMATION ON FILE IN THE BUREAU OF SUPPLIES AND ACCOUNTS INDICATES THAT YOUR SHIPMENT ARRIVED IN KEY WEST, FLORIDA ON SUNDAY, JULY 28, 1957 AT WHICH TIME THE DRIVER CONTACTED THE SHIPPER AT THE ADDRESS SHOWN ON THE COMMERCIAL BILL OF LADING. THE DRIVER CLAIMS THAT MRS. BONNER INFORMED HIM THAT SHE WOULD BE UNABLE TO TAKE DELIVERY OF THE SHIPMENT BEFORE WEDNESDAY. THE CARRIER CONTACTED THE NAVAL STATION, KEY WEST ON MONDAY, 29 JULY 1957 REGARDING DISPOSITION INSTRUCTIONS. SINCE THE BILL OF LADING INDICATED NINETY DAYS TEMPORARY STORAGE AT DESTINATION, THE SHIPPING OFFICER AUTHORIZED THE GOODS TO BE PLACED IN STORAGE."

"3. AN EXTRACT FROM THE SUPPLY DUTY OFFICER'S LOG, NAVAL STATION, KEY WEST, FLORIDA OF 27 JULY 1957 CONTAINED THE FOLLOWING STATEMENT: 'RECEIVED CALL FROM A CDR BONNER STATING THAT HE WAS TRYING TO LOCATE HIS HOUSEHOLD GOODS WHICH WERE DUE IN TO SUDDATH STORAGE COMPANY TODAY, BUT HAD BEEN UNABLE TO CONTACT SUDDATH BY PHONE. INFORMED HIM THAT THERE WAS NOTHING I COULD DO BUT IF THE VAN DRIVER OR SOMEONE FROM SUDDATH DID CONTACT ME OVER THE WEEK-END I WOULD REFER THEM TO HIM AT THE KEY WESTER MOTEL.'"

THE FOREGOING INFORMATION INDICATES THAT YOUR WIFE'S STATEMENT AS TO THE DATE SHE WOULD ACCEPT DELIVERY, WAS THE REASON WHY THE VAN DRIVER DID NOT DELIVER YOUR EFFECTS TO YOUR HOME AND CONTACTED THE SUPPLY OFFICE FOR INSTRUCTIONS AS TO THEIR DISPOSITION. PARAGRAPH 8050-6, JOINT TRAVEL REGULATIONS, PROVIDES THAT THE MEMBER IS RESPONSIBLE FOR ANY UNAUTHORIZED STORAGE CHARGES INCURRED BECAUSE SHIPMENT WAS NOT ACCEPTED PROMPTLY FROM THE CARRIER. SINCE YOU ORIGINALLY HAD REQUESTED STORAGE AT DESTINATION AND THERE IS NOTHING IN THE ABOVE-QUOTED LOG ENTRY OR OTHER INFORMATION FROM AN OFFICIAL SOURCE WHICH SHOWS THAT YOU HAD CANCELLED THAT REQUEST THEN EVIDENCED BY INSTRUCTIONS TO THAT EFFECT IN THE GOVERNMENT BILL OF LADING - THE ENTRY SHOWS ONLY THAT YOU WERE TRYING TO LOCATE YOUR EFFECTS AND THAT THE OFFICER INVOLVED MERELY AGREED TO REFER THE VAN DRIVER OR THE STORAGE COMPANY TO YOU IF THEY SHOULD CONTACT HIM OVER THE WEEK END - IT CANNOT BE SAID THAT THE SUPPLY OFFICE AT YOUR NEW STATION ACTED ERRONEOUSLY IN ADVISING THE CARRIER THAT STORAGE WAS AUTHORIZED. IT IS UNFORTUNATE THAT THE CARRIER APPEARS TO HAVE CONTACTED A DIFFERENT OFFICIAL IN THAT OFFICE THAN THE ONE WITH WHOM YOU TALKED, BUT SINCE THERE IS NOTHING IN OUR RECORDS WHICH SUPPORTS YOUR STATEMENT THAT YOU INSTRUCTED THE LATTER OFFICER TO HAVE YOUR EFFECTS DELIVERED DIRECT TO YOUR HOME, RATHER THAN TO STORAGE, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. IN VIEW OF THAT OFFICER'S PROMISE TO REFER TO YOU ALL INQUIRIES FROM THE DRIVER OR THE STORAGE COMPANY, IT IS POSSIBLE THAT HE WOULD HAVE TAKEN SUCH ACTION IF HE HAD KNOWN OF THE CARRIER'S REQUEST FOR FURTHER INSTRUCTIONS, EVEN THOUGH YOUR WIFE HAD REFUSED TO ACCEPT THE EFFECTS AT THAT TIME. HOWEVER, HIS FAILURE TO RECEIVE THAT INFORMATION OR TO SO ADVISE YOU, DID NOT RELIEVE YOU FROM LIABILITY TO BEAR THE EXCESS COSTS OF A SERVICE YOU HAD REQUESTED IN YOUR APPLICATION FOR TRANSPORTATION AND WHICH APPEARS TO HAVE BEEN NECESSARY IN ANY EVENT IN THE CIRCUMSTANCES DISCLOSED.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.