B-150211, JAN. 4, 1963

B-150211, JAN. 4, 1963

TO JEFF C. SMITH:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 21, 1962, REQUESTING REVIEW OF OUR CLAIMS DIVISION SETTLEMENT DATED SEPTEMBER 18, 1962, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COMMERCIAL STORAGE OF YOUR HOUSEHOLD EFFECTS FROM OCTOBER 27, 1961, TO MAY 27, 1962.

THE RECORD SHOWS THAT YOU WERE ASSIGNED TO THE U.S.S. KEARSARGE (CVS-33) WHEN THE HOME PORT OF THAT VESSEL WAS CHANGED FROM LONG BEACH, CALIFORNIA, TO PUGET SOUND, WASHINGTON, EFFECTIVE OCTOBER 1, 1961. YOU SAID THAT THIS WAS YOUR SECOND MOVE DURING THE FISCAL YEAR 1962, AND THAT YOU WERE ADVISED BY YOUR PERSONNEL OFFICER THAT YOU COULD NOT STORE YOUR FURNITURE AT GOVERNMENT EXPENSE UNTIL YOU RECEIVED AN INDORSEMENT BY THE SECRETARY OF THE NAVY. YOU FURTHER STATED THAT THIS INDORSEMENT DID NOT REACH THE SHIP UNTIL THE NIGHT BEFORE YOU SAILED. YOU ALSO INDICATED THAT, DURING THE PERIOD OF CHANGE OF HOME PORT OF YOUR SHIP, YOUR WIFE WAS CALLED HOME DUE TO THE SERIOUS ILLNESS OF HER MOTHER AND WAS NOT WITH YOU AT LONG BEACH AT DEPARTURE TIME, AND SO YOU HAD NO CHOICE BUT TO STORE YOUR FURNITURE COMMERCIALLY AT YOUR OWN EXPENSE. IN SUPPORT OF YOUR CLAIM FOR REIMBURSEMENT FOR THE COMMERCIAL STORAGE OF YOUR HOUSEHOLD EFFECTS, YOU SUBMITTED A CERTIFICATE OF CHANGE OF HOME PORT DATED OCTOBER 26, 1961, FROM THE COMMANDING OFFICER OF THE U.S.S. KEARSARGE CERTIFYING THAT EFFECTIVE OCTOBER 1, 1961, THE HOME PORT OF THAT SHIP WAS CHANGED FROM LONG BEACH, CALIFORNIA, TO PUGET SOUND, WASHINGTON. YOU APPARENTLY BELIEVED THAT SUCH CERTIFICATE IS AUTHORITY FOR THE REIMBURSEMENT OF YOUR COMMERCIAL STORAGE EXPENSES.

UNDER THE PERTINENT STATUTE, 37 U.S.C. 406 (B), AND PARAGRAPH 8101-7 OF THE JOINT TRAVEL REGULATIONS ISSUED UNDER THAT SECTION, NONTEMPORARY STORAGE IS AUTHORIZED AS AN ALTERNATIVE TO SHIPMENT OF ANY PORTION OR ALL OF A MEMBER'S PRESCRIBED WEIGHT ALLOWANCE OF HOUSEHOLD GOODS WHENEVER SUCH STORAGE IS DETERMINED TO BE IN THE BEST INTEREST OF THE GOVERNMENT. THAT PARAGRAPH FURTHER PROVIDES THAT "IN ALL OTHER CASES, NONTEMPORARY STORAGE AS AN ALTERNATIVE TO SHIPMENT OF HOUSEHOLD GOODS IS AUTHORIZED ONLY IF APPROVED BY THE SECRETARY OF THE SERVICE CONCERNED, OR HIS DESIGNATED REPRESENTATIVE.' YOUR HOUSEHOLD GOODS WERE PLACED IN COMMERCIAL STORAGE AT YOUR OWN INITIATIVE AND IN THE ABSENCE OF A DETERMINATION THAT THE STORAGE IN QUESTION WAS IN THE BEST INTEREST OF THE GOVERNMENT, OR THAT SUCH STORAGE WAS APPROVED BY THE SECRETARY OF THE NAVY OR HIS DESIGNATED REPRESENTATIVE, THERE IS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM. THE CERTIFICATE OF CHANGE OF HOME PORT, DATED OCTOBER 26, 1961, WHICH YOU SUBMITTED IN SUPPORT OF YOUR CLAIM DOES NOT MEET THE REQUIREMENTS OF PARAGRAPH 8101-7 OF THE JOINT TRAVEL REGULATIONS.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE SETTLEMENT OF SEPTEMBER 18, 1962, DISALLOWING YOUR CLAIM IS SUSTAINED.