B-150360, DEC. 13, 1962

B-150360, DEC. 13, 1962

TO COMMANDER ROBERT A. RILEY, USNR:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 15, 1962, REQUESTING REVIEW OF THE SETTLEMENT OF NOVEMBER 9, 1962, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $124.20, WHICH AMOUNT WAS CHECKED FOR YOUR PAY AS THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS INCIDENT TO ORDERS OF JUNE 7, 1961, TRANSFERRING YOU FROM GLENVIEW, ILLINOIS, TO SAN FRANCISCO, CALIFORNIA, FOR DUTY.

YOUR EFFECTS WERE SHIPPED FROM GLENVIEW, ILLINOIS, ON JUNE 20, 1961, AND ARRIVED AT PLACE OF STORAGE, OAKLAND, CALIFORNIA, ON JULY 5, 1961, WHERE THEY REMAINED UNTIL JANUARY 5, 1962, A TOTAL OF 180 DAYS. THE SHIPMENT WAS MADE PURSUANT TO YOUR APPLICATION OF JUNE 9, 1961, ON WHICH IT WAS STATED THAT STORAGE IN TRANSIT NOT EXCEEDING 90 DAYS WAS AUTHORIZED AT DESTINATION, OAKLAND, CALIFORNIA. YOUR REQUEST DATED JULY 31, 1962, FOR STORAGE FOR AN ADDITIONAL 90 DAYS WAS DISAPPROVED BY THE NAVY BY LETTER OF AUGUST 30, 1962, AND THE COST OF STORAGE BEYOND 90 DAYS, $124.20. WAS COLLECTED FROM YOUR CHECK AGE. YOUR CLAIM FOR REFUND OF THE AMOUNT COLLECTED FROM YOU WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE IN WHICH IT WAS STATED THAT YOUR REASONS FOR REQUESTING STORAGE AT GOVERNMENT EXPENSE FOR AN ADDITIONAL 90 DAYS APPEAR TO BE OF A PERSONAL NATURE AND ARE NOT AMONG THOSE LISTED IN THE APPLICABLE REGULATIONS WHICH INCLUDE ACTS OF GOD AS A REASON OF EXTENSION.

IN YOUR PRESENT LETTER YOU SAY THAT WHEN YOUR HOUSEHOLD GOODS WERE SHIPPED FROM GLENVIEW IN JUNE 1961, COMMANDER RAY PHILLIPS, WHO WAS BEING ASSIGNED TO THE U.S. NAVAL STATION AT GLENVIEW, AGREED TO RENT YOUR HOME IN GLENVIEW; THAT HE REFUSED TO SIGN A LEASE FOR AS MUCH RENTAL AS PREVIOUSLY AGREED; THAT ON SEPTEMBER 14, 1961, THE BASEMENT OF YOUR HOME IN GLENVIEW WAS FLOODED AS THE RESULT OF A HEAVY RAIN BROUGHT ABOUT BY THE BACK-LASH OF HURRICANE CARLA; THAT AS A RESULT OF THE FLOODING LIEUTENANT COMMANDER PHILLIPS MOVED OUT OF YOUR HOUSE IN OCTOBER; AND THAT THE PROPERTY REMAINED VACANT UNTIL FEBRUARY 1, 1962, DURING WHICH PERIOD YOU PAID FOR HEAT AND ELECTRICITY. YOU SAY THAT DESPITE THE CHAIN OF EVENTS BEING OF A PERSONAL NATURE, YOU BELIEVE A STORM OF DEVASTATING FORCE OF HURRICANE CARLA IS WITHIN THE SCOPE OF THE TERM "ACT OF GOD" AND CONSTITUTES A LEGITIMATE REASON FOR EXTENDING THE PERIOD OF STORAGE OF YOUR EFFECTS IN OAKLAND FOR AN ADDITIONAL 90 DAYS.

THE PACKING, CRATING, SHIPPING AND STORAGE OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 406. PARAGRAPH 8100-2 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER WILL BE ENTITLED TO TEMPORARY STORAGE AT GOVERNMENT EXPENSE FOR A PERIOD OF 90 DAYS IN CONNECTION WITH ANY AUTHORIZED SHIPMENT OF HOUSEHOLD EFFECTS AND THAT IN ANY CASE WHEN HOUSEHOLD GOODS ARE NOT REMOVED FROM STORAGE BEFORE EXPIRATION OF THE INITIAL 90-DAY PERIOD, ALL STORAGE CHARGES ACCRUING AFTER EXPIRATION OF THE INITIAL 90-DAY PERIOD WILL BE BORNE BY THE MEMBER UNLESS ADDITIONAL STORAGE IS AUTHORIZED. IT FURTHER PROVIDES THAT WHEN, BECAUSE OF CONDITIONS BEYOND CONTROL OF THE MEMBER, HOUSEHOLD GOODS IN TEMPORARY STORAGE AT GOVERNMENT EXPENSE CANNOT BE WITHDRAWN DURING THE FIRST 90 DAYS, FURTHER STORAGE FOR NOT MORE THAN AN ADDITIONAL 90 DAYS MAY BE AUTHORIZED IN ADVANCE OR SUBSEQUENTLY APPROVED.

AMONG THE REASONS FOR WHICH ADDITIONAL STORAGE MAY BE AUTHORIZED OR APPROVED ARE SERIOUS ILLNESS OF THE MEMBER; SERIOUS ILLNESS OR DEATH OF A DEPENDENT; IMPENDING ASSIGNMENT TO GOVERNMENT QUARTERS; DIRECTED TEMPORARY DUTY AFTER ARRIVAL AT PERMANENT STATION; NONAVAILABILITY OF SUITABLE HOUSING; AWAITING COMPLETION OF RESIDENCE UNDER CONSTRUCTION; AND ACTS OF GOD. THESE REASONS GENERALLY, WITH THE POSSIBLE EXCEPTION OF ILLNESS OF THE MEMBER OR HIS DEPENDENTS, RELATE TO CIRCUMSTANCES AT DESTINATION WHICH PREVENT THE REMOVAL OF HOUSEHOLD EFFECTS FROM STORAGE TO QUARTERS. THEY DO NOT RELATE TO A CHAIN OF CIRCUMSTANCES AT THE OLD STATION SUCH AS DESCRIBED BY YOU. HURRICANE CARLA DID NOT PREVENT THE DELIVERY OF YOUR HOUSEHOLD EFFECTS FROM STORAGE IN OAKLAND TO QUARTERS AT YOUR NEW STATION. WHILE IT APPEARS TO HAVE CREATED FINANCIAL PROBLEMS IN CONNECTION WITH THE SALE OR RENTAL OF YOUR HOUSE IN GLENVIEW AFTER YOUR TRANSFER AND AFTER THE SHIPMENT OF YOUR GOODS TO OAKLAND, SUCH PROBLEMS ARISING INCIDENT TO THE DISPOSITION OF YOUR HOUSE AT YOUR PRIOR STATION DO NOT APPEAR TO CONSTITUTE ANY PROPER BASIS WITHIN THE CONTEMPLATION OF THE ABOVE REGULATIONS FOR GRANTING ADDITIONAL STORAGE. THEREFORE, ADDITIONAL STORAGE WAS NOT AUTHORIZED IN YOUR CASE AND THERE IS NO BASIS FOR REFUND OF THE AMOUNT COLLECTED FROM YOU AS THE COST OF EXCESS STORAGE.

ACCORDINGLY, THE SETTLEMENT, OF NOVEMBER 9, 1962, WAS CORRECT AND IS SUSTAINED.