B-141735, MAR. 28, 1960

B-141735, MAR. 28, 1960

TO LIEUTENANT COLONEL SIDNEY W. LANDES, 040397:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 7, 1960, REQUESTING REVIEW OF THE SETTLEMENT OF DECEMBER 3, 1959, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF COMMERCIAL STORAGE OF YOUR EXCESS HOUSEHOLD EFFECTS FROM SEPTEMBER 12, 1959, TO JUNE 8, 1959.

THE RECORD SHOWS THAT YOUR HOUSEHOLD GOODS WERE RECEIVED FROM YOKOHAMA, JAPAN, ON AUGUST 30, 1958, AND PLACED IN INTRANSIT STORAGE. YOU WERE ASSIGNED QUARTERS T-508, APARTMENT 1, ON SEPTEMBER 8, 1958, WHERE YOUR HOUSEHOLD EFFECTS WERE DELIVERED TO YOU ON SEPTEMBER 11, 1958. YOU PLACED YOUR EXCESS HOUSEHOLD EFFECTS IN COMMERCIAL STORAGE WITH A. J. BENINATE AND SONS ON SEPTEMBER 12, 1958, WHERE THEY REMAINED UNTIL JUNE 8, 1959. YOU APPARENTLY BELIEVED THAT YOU WERE AUTHORIZED TO STORE YOUR EXCESS EFFECTS IN COMMERCIAL STORAGE SUBJECT TO REIMBURSEMENT FROM PUBLIC FUNDS BECAUSE NO GOVERNMENT SPACE WAS AVAILABLE FOR STORAGE OF HOUSEHOLD GOODS AT YOUR POST. YOUR CLAIM FOR REIMBURSEMENT OF THE STORAGE CHARGES UNDER THE PROVISIONS OF PARAGRAPHS 8101-1 AND 8304 OF THE JOINT TRAVEL REGULATIONS WAS DISALLOWED BY THE SETTLEMENT OF DECEMBER 3, 1959.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES, AMONG OTHER THINGS, FOR TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS, OR REIMBURSEMENT IN LIEU THEREOF, FOR MEMBERS OF THE UNIFORMED SERVICES WHEN REQUIRED TO MAKE A PERMANENT CHANGE OF STATION, INCLUDING NONTEMPORARY STORAGE UNDER CERTAIN CIRCUMSTANCES IN EITHER GOVERNMENT OR COMMERCIAL STORAGE FACILITIES, SUBJECT TO REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED.

PARAGRAPH 8006-2F (13) OF THE JOINT TRAVEL REGULATIONS (CHANGE 54, EFFECTIVE DECEMBER 1, 1956), NOW PARAGRAPH 8101-6 (13), IN EFFECT AT THE TIME YOU PLACED YOUR HOUSEHOLD GOODS IN COMMERCIAL STORAGE, PROVIDED THAT NONTEMPORARY STORAGE OF HOUSEHOLD GOODS MAY BE AUTHORIZED IN EITHER GOVERNMENT OR COMMERCIAL STORAGE FACILITIES UPON ASSIGNMENT OR REASSIGNMENT OF GOVERNMENT QUARTERS IN THE CIRCUMSTANCES DESCRIBED IN PARAGRAPH 8010-5 OF THE REGULATIONS. PARAGRAPH 8010-5 (CHANGE 54, EFFECTIVE DECEMBER 1, 1956) OF THE SAME REGULATIONS, NOW PARAGRAPH 8304, PROVIDES THAT WHEN ORDERS HAVE BEEN ISSUED ASSIGNING, REASSIGNING, OR TERMINATING ASSIGNMENT OF GOVERNMENT QUARTERS, THE MEMBER, REGARDLESS OF RANK OR GRADE, WILL BE ENTITLED TO DRAYAGE OF HOUSEHOLD GOODS BETWEEN GOVERNMENT QUARTERS AND CIVILIAN HOUSING OR FROM GOVERNMENT QUARTERS TO GOVERNMENT QUARTERS, AND THE HOUSEHOLD GOODS NOT REQUIRED BY THE OWNER UPON ASSIGNMENT OR REASSIGNMENT TO GOVERNMENT QUARTERS MAY BE PLACED IN NONTEMPORARY STORAGE AS PROVIDED IN PARAGRAPH 8006-2. THESE REGULATIONS CONCERN DRAYAGE AND STORAGE OF HOUSEHOLD EFFECTS IN CASES NOT INVOLVINGA CONCOMITANT CHANGE OF STATION WHERE MEMBERS OCCUPYING RENTED PRIVATE HOUSING AT THEIR PERMANENT STATION MUST MOVE THEIR EFFECTS BECAUSE OF THE ASSIGNMENT AT THAT STATION OF GOVERNMENT QUARTERS WHICH THEY ARE REQUIRED TO OCCUPY, AND IN SIMILAR CASES WHERE THE MOVEMENT OF HOUSEHOLD EFFECTS AT A MEMBER'S PERMANENT DUTY STATION IS NECESSITATED BY OFFICIAL ACTIONS. 129019, SEPTEMBER 25, 1956, AND B-127865, JULY 20, 1956. SINCE THE RECORD SHOWS THAT INCIDENT TO YOUR ORDERED PERMANENT CHANGE OF STATION TO FORT MONROE, VIRGINIA, YOU WERE ASSIGNED QUARTERS T-508, APARTMENT 1, WHICH THE POST COMMANDER CONSIDERED ADEQUATE AND PERMANENT AND WHICH YOU HAVE CONTINUED TO OCCUPY, THE CITED PROVISIONS OF THE JOINT TRAVEL REGULATIONS HAVE NO APPLICATION IN YOUR CASE. ALSO, WE KNOW OF NO OTHER PROVISION IN THE REGULATION IN YOUR CASE. ALSO, WE KNOW OF NO OTHER PROVISION IN THE REGULATIONS WHICH WOULD PERMIT PAYMENT BY THE GOVERNMENT FOR THE STORAGE CHARGES CLAIMED.

ACCORDINGLY, THE SETTLEMENT OF DECEMBER 3, 1959, DISALLOWING YOUR CLAIM IS SUSTAINED.