B-151722, JUL. 1, 1963

B-151722, JUL. 1, 1963

TO MR. ROBERT E. MILWARD:

REFERENCE IS MADE TO YOUR LETTER OF MAY 25, 1963, REQUESTING REVIEW OF THE SETTLEMENT OF MARCH 13, 1963, WHICH DISALLOWED YOUR CLAIM FOR $18.60 REPRESENTING THE AMOUNT PAID BY YOU FOR STORAGE OF YOUR HOUSEHOLD EFFECTS IN COMMERCIAL FACILITIES FOR APPROXIMATELY ONE MONTH IN CONNECTION WITH YOUR RELEASE FROM ACTIVE DUTY AS AN OFFICER, UNITED STATES NAVAL RESERVE, BY ORDERS DATED JUNE 28, 1961.

THE RECORD SHOWS THAT YOUR EFFECTS WEIGHING 3,720 POUNDS WERE SHIPPED FROM NORFOLK, VIRGINIA, TO STORAGE IN LEXINGTON, KENTUCKY, ON A GOVERNMENT BILL OF LADING AND THAT TEMPORARY STORAGE FOR 90 DAYS WAS AUTHORIZED AT GOVERNMENT EXPENSE. SINCE YOUR EFFECTS REMAINED IN STORAGE FOR APPROXIMATELY FOUR MONTHS, YOU WERE REQUIRED TO REMIT $18.60 AS THE EXCESS COST. YOUR CLAIM FOR REFUND OF THAT AMOUNT WAS DISALLOWED FOR THE REASON THAT TEMPORARY STORAGE OF HOUSEHOLD EFFECTS IN EXCESS OF 90 DAYS WAS NOT AUTHORIZED OR APPROVED BY COMPETENT AUTHORITY AS REQUIRED BY CONTROLLING REGULATIONS.

IN YOUR PRESENT LETTER YOU SAY THAT ON MARCH 1, 1962, YOU WROTE TO THE SUPPLY OFFICER, NAVAL ORDNANCE PLANT, LOUISVILLE, KENTUCKY, REQUESTING AUTHORIZATION FOR ADDITIONAL STORAGE FOR THE PERIOD OF ONE MONTH BECAUSE YOUR HOUSE WAS NOT COMPLETED. IT APPEARS, HOWEVER, THAT THE OFFICE FORWARDED YOUR LETTER TO THE NAVY REGIONAL ACCOUNTS OFFICE, WASHINGTON, D.C., STATING THAT IT WAS IN NO POSITION TO AUTHORIZE ONE MONTH'S ADDITIONAL STORAGE. ON JUNE 1, 1962, THE LATTER OFFICE ADVISED YOU THAT SINCE NO APPROVED CERTIFICATE OF NECESSITY HAD BEEN FURNISHED, THE CHARGES FOR STORAGE BEYOND THE 90-DAY PERIOD WERE NOT PAYABLE FROM PUBLIC FUNDS. YOU SAY THAT IF STORAGE OVER 90 DAYS IS REQUESTED AND GRANTED AFTER THE PERIOD OF OVERSTORAGE, PAYMENT FOR THE ADDITIONAL STORAGE SHOULD BE AUTHORIZED. SINCE YOU PAID FOR THE EXCESS STORAGE YOU BELIEVE YOU SHOULD BE REIMBURSED.

PARAGRAPH 8100-2B OF THE JOINT TRAVEL REGULATIONS IN EFFECT AT THE TIME HERE INVOLVED PROVIDES THAT WHEN, BECAUSE OF CONDITIONS BEYOND CONTROL OF THE MEMBER, HOUSEHOLD EFFECTS IN TEMPORARY STORAGE AT GOVERNMENT EXPENSE CANNOT BE WITHDRAWN DURING THE FIRST 90 DAYS, ADDITIONAL STORAGE FOR NOT MORE THAN AN ADDITIONAL 90 DAYS MAY BE AUTHORIZED IN ADVANCE OR SUBSEQUENTLY APPROVED BY THE TRANSPORTATION OFFICER OR SUCH OTHER OFFICER AS THE SERVICE MAY DESIGNATE WHEN CONSIDERED NECESSARY. THUS, STORAGE BEYOND 90 DAYS MAY, WHEN CONSIDERED JUSTIFIED BY THE APPROPRIATE TRANSPORTATION OFFICER OR OTHER DESIGNATED OFFICIAL, BE EITHER AUTHORIZED IN ADVANCE OR APPROVED AFTER THE FACT. HOWEVER, WHERE THE ADDITIONAL STORAGE IS NEITHER AUTHORIZED IN ADVANCE NOR SUBSEQUENTLY APPROVED BY AN AUTHORIZED OFFICIAL OF THE SERVICE CONCERNED, THERE IS NO BASIS FOR PAYMENT OF THE CHARGES BY THE GOVERNMENT.

SINCE THE TEMPORARY STORAGE OF YOUR HOUSEHOLD EFFECTS BEYOND 90 DAYS WAS NEITHER AUTHORIZED IN ADVANCE NOR SUBSEQUENTLY APPROVED BY THE PROPER OFFICIAL, THE SETTLEMENT DISALLOWING YOUR CLAIM WAS CORRECT AND IS SUSTAINED.