B-156997, JUL. 14, 1965

B-156997, JUL. 14, 1965

TO ARTHUR F. JOHNSON, STAFF SERGEANT, USAF:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 4, 1965, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF FEBRUARY 9, 1965, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR STORAGE OF YOUR HOUSEHOLD EFFECTS DURING THE PERIOD FROM APRIL 5, 1963, TO JANUARY 5, 1964.

BY PARAGRAPH 1, SPECIAL ORDER TA-137, HEADQUARTERS, AMARILLO TECHNICAL TRAINING CENTER (ATC), UNITED STATES AIR FORCE, AMARILLO AIR FORCE BASE, TEXAS, DATED MARCH 15, 1963, YOU WERE DIRECTED TO PROCEED FROM YOUR DUTY STATION, 420A FIELD TRAINING DETACHMENT, WEBB AIR FORCE BASE, TEXAS, ON TEMPORARY DUTY FOR APPROXIMATELY 179 DAYS TO 134TH FIGHTER GROUP (ANG) MCGHEE-TYSON AIRPORT, KNOXVILLE, TENNESSEE, TO CONDUCT TRAINING FOR AIR NATIONAL GUARD PERSONNEL AND UPON COMPLETION, TO RETURN TO YOUR PROPER DUTY STATION. YOU WERE DIRECTED TO REPORT TO THE COMMANDER, MOBILE TRAINING TEAM NO. 1 AT MCGHEE-TYSON AIRPORT NOT LATER THAN APRIL 15, 1963. BY PARAGRAPH 2, SPECIAL ORDER TA-405, ISSUED SEPTEMBER 18, 1963, BY THE SAME HEADQUARTERS, YOU WERE DIRECTED TO PROCEED ON OR ABOUT OCTOBER 1, 1963, FROM MOBILE TRAINING TEAM NO. 1 TO MOBILE TRAINING TEAM NO. 2, MCENTIRE AIR NATIONAL GUARD BASE, EASTOVER, SOUTH CAROLINA, FOR TEMPORARY DUTY OF APPROXIMATELY 5 DAYS AND THEN RETURN TO MOBILE TRAINING TEAM NO. 1, MCGHEE-TYSON AIRPORT, KNOXVILLE, FOR TEMPORARY DUTY OF APPROXIMATELY 35 DAYS AND UPON COMPLETION, TO RETURN TO YOUR PROPER DUTY STATION. FINALLY, BY PARAGRAPH 1, SPECIAL ORDER AA-297, ISSUED NOVEMBER 4, 1963, BY THE SAME HEADQUARTERS, YOU WERE RELIEVED FROM YOUR DUTY STATION AT WEBB AIR FORCE BASE AND FROM TEMPORARY DUTY WITH MOBILE TRAINING TEAM NO. 1 AND WERE ASSIGNED TO DUTY AT 520A FIELD TRAINING DETACHMENT, PAINE FIELD, WASHINGTON, TO REPORT NOT LATER THAN JANUARY 5, 1964. THIS WAS DESIGNATED AS A PERMANENT CHANGE OF STATION.

IN A STATEMENT ACCOMPANYING YOUR CLAIM, YOU ALLEGED THAT PRIOR TO THE RECEIPT OF THE ORDERS OF MARCH 14, 1963, CERTAIN OFFICERS WHO HAD VISITED WEBB AIR FORCE BASE ADVISED YOU THAT YOUR AIR FORCE SPECIALTY CODE WAS BEING DELETED FROM THE UNIT MANNING DOCUMENT AT THE BASE BECAUSE A DIFFERENT TYPE OF AIRCRAFT WAS BEING RECEIVED. YOU STATED FURTHER THAT SINCE YOU HAD RETURNED FROM OVERSEAS IN JULY 1962, IT WAS CONSIDERED APPROPRIATE TO ISSUE TEMPORARY DUTY ORDERS SO AS TO AVOID ANOTHER PERMANENT CHANGE OF STATION MOVE IN THE SAME FISCAL YEAR. ALSO, YOU SAID YOU WERE ADVISED THAT ALTHOUGH THERE WAS NO FIELD TRAINING DETACHMENT VACANCIES AVAILABLE AT THAT TIME, AS SOON AS A VACANCY OCCURRED YOU WOULD RECEIVE PERMANENT CHANGE OF STATION ORDERS AND WOULD NOT RETURN TO WEBB AIR FORCE BASE. YOU STATED FURTHER THAT, ON THE BASIS OF THIS INFORMATION, YOU PLACED YOUR FURNITURE IN STORAGE AND YOUR FAMILY ACCOMPANIED YOU ON YOUR TEMPORARY DUTY ASSIGNMENT. YOU THEREFORE CLAIMED REIMBURSEMENT OF THE STORAGE CHARGE FOR THE PERIOD FROM APRIL 5, 1963, TO JANUARY 5, 1964.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 9, 1965, FOR THE REASON THAT THE ORDERS OF MARCH 15, 1963, AS AMENDED, DIRECTED YOUR RETURN TO YOUR DUTY STATION AFTER COMPLETION OF THE TEMPORARY DUTY DIRECTED THEREIN AND THERE WAS NO RECORD FROM OFFICIAL SOURCES WHICH INDICATED THAT IT WAS ORIGINALLY INTENDED THAT YOU WOULD NOT RETURN TO WEBB AIR FORCE BASE. IN YOUR LETTER OF JUNE 4, 1965, REQUESTING RECONSIDERATION OF YOUR CLAIM, YOU STATED THAT ORDER NO. AA-297, ORDERED YOU TO PAINE FIELD, WASHINGTON, WITHOUT RETURNING TO WEBB AIR FORCE BASE, TEXAS, AND YOU BELIEVED THAT THE FACTS RATHER THAN THE INTENTIONS SHOULD BE CONSIDERED IN OUR DECISIONS.

THE AUTHORITY FOR TRANSPORTATION OF HOUSEHOLD EFFECTS, INCLUDING STORAGE OF SUCH EFFECTS, IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO 37 U.S.C. 406. PARAGRAPH M8200 OF THOSE REGULATIONS PROVIDES IN PERTINENT PART THAT UNDER COMPETENT TEMPORARY DUTY ORDERS, TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE MAY BE SHIPPED BETWEEN ANY POINTS, LIMITED TO THE COST OF SUCH SHIPMENT FROM THE PERMANENT DUTY STATION TO THE TEMPORARY DUTY STATION, BETWEEN TEMPORARY DUTY STATIONS, OR FROM LAST TEMPORARY DUTY STATION TO OLD PERMANENT DUTY STATION, OR TO THE NEW PERMANENT DUTY STATION IF A NEW STATION HAS BEEN ASSIGNED. STORAGE, EITHER TEMPORARY OR NONTEMPORARY, OF TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE SHIPMENTS OF HOUSEHOLD GOODS IS NOT AUTHORIZED.

PARAGRAPH M8203 OF THE REGULATIONS PROVIDES, HOWEVER, THAT WHEN A MEMBER IS UNDER ORDERS FROM A PERMANENT DUTY STATION AND ORDERED TO A TEMPORARY DUTY STATION WITHOUT RETURN TO SUCH PERMANENT DUTY STATION, OR TO TEMPORARY DUTY FOR FURTHER ASSIGNMENT, HIS PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE OF HOUSEHOLD GOODS MAY BE PLACED IN STORAGE UNDER STORAGE PROVISIONS OF PARAGRAPH M8101. PARAGRAPH M8205 ALSO PROVIDES THAT WHEN A MEMBER IS UNDER ORDERS FROM A PERMANENT DUTY STATION TO TEMPORARY DUTY FOR AN INDETERMINATE PERIOD OF TIME, HE MAY HAVE HIS PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE PLACED IN STORAGE UNDER THE PROVISIONS OF PARAGRAPH M8101 ONLY UPON APPROVAL OF THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE. PARAGRAPH M8101 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT OTHERWISE AUTHORIZED NONTEMPORARY STORAGE MAY BE AUTHORIZED IN EITHER GOVERNMENT OR COMMERCIAL FACILITIES, WHICHEVER IS DETERMINED TO BE MORE ECONOMICAL TO THE GOVERNMENT BY THE TRANSPORTATION OFFICER OR SUCH OTHER OFFICER AS THE SERVICE CONCERNED MAY DESIGNATE. ENTITLEMENT INCLUDES SHIPMENT, DRAYAGE, PACKING AND CRATING NECESSARY TO PLACE HOUSEHOLD EFFECTS IN THE DESIGNATED STORAGE FACILITY.

AS INDICATED ABOVE, THE ORDER OF MARCH 15, 1963, MADE NO PROVISION FOR YOU TO TRANSFER TO ANOTHER DUTY STATION UPON COMPLETION OF YOUR TEMPORARY DUTY ASSIGNMENT, NOR DID IT PROVIDE FOR TEMPORARY DUTY FOR FURTHER ASSIGNMENT AS SET OUT IN PARAGRAPH M8203 OF THE JOINT TRAVEL REGULATIONS. NEITHER DID IT ORDER YOU TO TEMPORARY DUTY FOR AN INDETERMINATE PERIOD OF TIME AS PROVIDED IN PARAGRAPH M8205 OF THE REGULATIONS. CONSEQUENTLY, YOUR ENTITLEMENT UNDER THE ORDER WAS LIMITED BY THE PROVISIONS OF PARAGRAPH M8200, TO THE SHIPMENT OF TEMPORARY WEIGHT ALLOWANCE OF HOUSEHOLD EFFECTS TO ANY POINT NOT TO EXCEED THE COST FROM WEBB AIR FORCE BASE, TEXAS, TO KNOXVILLE, TENNESSEE, AND YOU WERE NOT AUTHORIZED EITHER TEMPORARY OR NONTEMPORARY STORAGE OF THESE EFFECTS. YOUR ENTITLEMENT TO NONTEMPORARY STORAGE OR THE SHIPMENT OF YOUR EFFECTS TO YOUR NEW DUTY STATION, INCLUDING AUTHORIZED TEMPORARY STORAGE INCIDENT TO SUCH SHIPMENT, ACCRUED UNDER YOUR ORDER OF NOVEMBER 4, 1963, WHICH DIRECTED A PERMANENT CHANGE OF STATION WITH A REPORTING DATE OF NOT LATER THAN JANUARY 5, 1964. THE GOODS APPARENTLY REMAINED IN STORAGE AT BIG SPRING, TEXAS, UNTIL REMOVED FOR SHIPMENT ON GOVERNMENT BILL OF LADING TO YOUR NEW DUTY STATION. THERE DOES NOT APPEAR TO HAVE BEEN ANY DELAY IN MOVING THE GOODS AFTER YOU REQUESTED THEIR MOVEMENT AND THE BILL OF LADING ON WHICH THEY WERE SHIPPED PROVIDED FOR STORAGE IN TRANSIT, NOT TO EXCEED 90 DAYS, AT DESTINATION. IN THESE CIRCUMSTANCES NONE OF THE STORAGE AT BIG SPRING MAY BE REGARDED AS INCIDENT TO YOUR CHANGE OF STATION. ANY INFORMAL ADVICE GIVEN YOU LONG BEFORE THE NOVEMBER 4 ORDERS WERE ISSUED, TO THE EFFECT THAT YOU WOULD EVENTUALLY RECEIVE A PERMANENT CHANGE OF STATION WHICH WOULD NOT REQUIRE YOU TO RETURN TO YOUR OLD DUTY STATION, DOES NOT PROVIDE A BASIS FOR ENTITLEMENT TO STORAGE UNDER THE ORDERS OF MARCH 15, 1963, DIRECTING TEMPORARY DUTY WITH RETURN TO YOUR OLD DUTY STATION UPON COMPLETION OF SUCH TEMPORARY DUTY, AS MERE GENERAL INFORMATION OF A POSSIBLE CHANGE IN DUTY ASSIGNMENT IS NOT SUFFICIENT TO MEET THE REQUIREMENTS OF THE REGULATIONS.

ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 9, 1965, WAS CORRECT AND IS SUSTAINED.