B-152356, SEP. 10, 1963

B-152356, SEP. 10, 1963

TO MAJOR EDWARD J. SLAWINSKI, USAF, RETIRED:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 14, 1963, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED JULY 25, 1963, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE TEMPORARY STORAGE AND ASSESSORIAL CHARGES INVOLVED IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS INCIDENT TO ORDERS DIRECTING YOUR RETIREMENT EFFECTIVE JANUARY 1, 1963.

YOU WERE DIRECTED TO BE RELIEVED FROM ACTIVE DUTY AT MCCONNELL AIR FORCE BASE, KANSAS, ON DECEMBER 31, 1962, AND TO BE PLACED ON THE UNITED STATES AIR FORCE RESERVE RETIRED LIST EFFECTIVE JANUARY 1, 1963, PURSUANT TO DEPARTMENT OF THE AIR FORCE SPECIAL ORDER AB-13353, DATED OCTOBER 18, 1962. THE ORDER FURTHER DIRECTED YOU TO PROCEED TO YOUR HOME OF SELECTION. ON DECEMBER 19, 1962, YOU REQUESTED THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM NONTEMPORARY STORAGE AT WICHITA, KANSAS, TO 311 W. JEFFERSON, TALLAHASSEE, FLORIDA, TO ARRIVE AT THE DESTINATION ON JANUARY 31, 1963. ON JANUARY 22, 1963, A NOTICE WAS SENT TO YOU THAT THE GOODS WERE DUE TO BE DELIVERED ON ABOUT FEBRUARY 11, 1963. YOU STATE YOU RECEIVED THIS NOTICE ON OR ABOUT JANUARY 27, 1963, AND BASED ON THAT INFORMATION YOU CANCELLED YOUR LEASE AT 311 W. JEFFERSON AND LOOKED FOR ANOTHER PLACE TO RENT, PRIOR TO THE ARRIVAL OF YOUR EFFECTS. HOWEVER, THE HOUSEHOLD EFFECTS ARRIVED AT TALLAHASSEE ON JANUARY 30, 1963. SINCE YOU HAD NO PLACE FOR THEM AT THAT TIME, YOUR WIFE ARRANGED FOR THEIR STORAGE LOCALLY UNTIL ANOTHER PLACE COULD BE RENTED.

YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES FOR TEMPORARY STORAGE OF YOUR HOUSEHOLD EFFECTS AND OTHER EXPENSES INCIDENT THERETO WAS DISALLOWED FOR THE REASON THAT THE JOINT TRAVEL REGULATIONS PROVIDE THAT TEMPORARY STORAGE IS NOT AUTHORIZED WHERE THE SHIPMENT OF THE EFFECTS IS MADE FROM NONTEMPORARY STORAGE TO THE HOME SELECTED. IN YOUR LETTER, YOU STATE THAT YOU CANCELLED YOUR RENTAL AGREEMENT AT 311 W. JEFFERSON IN ORDER TO SAVE EXPENSES, RELYING ON ADVICE THAT YOUR HOUSEHOLD EFFECTS WOULD ARRIVE ON FEBRUARY 11, 1963. WHEN THE GOODS ARRIVED ON JANUARY 30, 1963, YOU WIRED A REQUEST FOR AUTHORIZATION FOR STORAGE, BUT YOU DID NOT GET A REPLY UNTIL FEBRUARY 5, 1963, DENYING THE REQUEST. ON FEBRUARY 6, 1963, YOU ARRANGED TO HAVE THEM DELIVERED TO A HOUSE AT 1023A MERRITT DRIVE, TALLAHASSEE. YOU SAY YOU BELIEVE YOUR CLAIM IS JUST BECAUSE THE CANCELLATION OF YOUR RENTAL AGREEMENT AT 311 W. JEFFERSON WAS BASED ON ERRONEOUS INFORMATION GIVEN TO YOU BY THE TRANSPORTATION OFFICER AND ALL ADDITIONAL EXPENSE WAS INCURRED AS A RESULT OF THAT INFORMATION.

PARAGRAPH 8260-3 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 406, PROVIDES THAT A MEMBER WHO IS RETIRED IMMEDIATELY FOLLOWING AT LEAST 8 YEARS OF CONTINUOUS ACTIVE DUTY IS ENTITLED TO THE SHIPMENT OF HIS HOUSEHOLD EFFECTS FROM HIS LAST OR ANY OTHER PREVIOUS DUTY STATION OR FROM STORAGE, TO THE HOME SELECTED BY HIM. HE IS ALSO ENTITLED TO THE NONTEMPORARY STORAGE OF ALL OR ANY PORTION OF HIS HOUSEHOLD EFFECTS FOR A PERIOD NOT TO EXCEED ONE YEAR FROM THE DATE OF TERMINATION OF ACTIVE DUTY. HOWEVER, THE PARAGRAPH SPECIFICALLY PROVIDES THAT TEMPORARY STORAGE IN CONNECTION WITH A SHIPMENT FROM NONTEMPORARY STORAGE TO THE HOME SELECTED BY THE MEMBER IS NOT AUTHORIZED.

THE NOTICE SENT TO YOU REGARDING THE SCHEDULED PICK UP AND DELIVERY OF YOUR HOUSEHOLD EFFECTS (SAC FORM 672 ENTITLED CUSTOMER EVALUATION-- HOUSEHOLD GOODS) APPEARS TO HAVE BEEN DESIGNED PRIMARILY FOR THE PURPOSE OF OBTAINING AN EVALUATION BY THE OWNER WITH RESPECT TO THE SERVICES RENDERED INCIDENT TO THE SHIPMENT OF HIS HOUSEHOLD GOODS. THE FORM DID NOT SPECIFY THAT THE GOODS WOULD BE DELIVERED ON FEBRUARY 11, 1963, BUT ONLY STATED THAT THEY WERE SCHEDULED TO BE PICKED UP ON JANUARY 25 AND DELIVERED ON ABOUT FEBRUARY 11. EVEN IF THE RECORD ESTABLISHED THAT YOU WERE ERRONEOUSLY ADVISED THAT THE GOODS WOULD BE DELIVERED ON FEBRUARY 11, THAT WOULD NOT AFFECT YOUR RIGHTS IN THE MATTER AS IT IS A WELL-SETTLED PRINCIPLE OF LAW THAT THE GOVERNMENT IS NOT BOUND BY THE NEGLIGENT OR ERRONEOUS ACTS OF ITS OFFICERS OR AGENTS, IN THE ABSENCE OF A STATUTE SO PROVIDING. ROBERTSON V. SICHEL, 127 U.S. 507, 515. THEREFORE, SINCE THE REGULATIONS REFERRED TO ABOVE PROVIDE THAT TEMPORARY STORAGE IS NOT AUTHORIZED IN CONNECTION WITH A SHIPMENT FROM NONTEMPORARY STORAGE TO HOME OF SELECTION UPON RETIREMENT, REIMBURSEMENT BY THE GOVERNMENT FOR SUCH STORAGE AND ACCESSORIAL CHARGES IS NOT AUTHORIZED. ACCORDINGLY, THE SETTLEMENT OF JULY 25, 1963, IS SUSTAINED.