B-157667, OCT. 21, 1965

B-157667, OCT. 21, 1965

TO SENIOR MASTER SERGEANT ROBERT G. MORTON, USAF (RET.):

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 6, 1965, REQUESTING RECONSIDERATION OF SETTLEMENT DATED AUGUST 17, 1965, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR COST OF TEMPORARY STORAGE OF YOUR HOUSEHOLD GOODS DURING THE PERIOD JANUARY 2 TO 8, 1965, AND ASSOCIATED WAREHOUSE HANDLING AND DRAYAGE CHARGES, IN CONNECTION WITH THEIR MOVEMENT TO YOUR HOME INCIDENT TO YOUR RETIREMENT FROM THE UNITED STATES AIR FORCE.

BY SPECIAL ORDER AC-9338 DATED MAY 8, 1964, YOU WERE RETIRED EFFECTIVE AUGUST 1, 1964, AND AUTHORIZED TO PROCEED TO YOUR HOME OF SELECTION. YOUR HOUSEHOLD GOODS WERE PLACED IN NONTEMPORARY STORAGE ON JULY 30, 1964, UNDER THE AUTHORITY OF THIS ORDER, AND BY LETTER OF DECEMBER 28, 1964, YOU REQUESTED THEIR SHIPMENT TO YOUR HOME OF SELECTION AT CROSSVILLE, TENNESSEE, TO ARRIVE, IF POSSIBLE, ON JANUARY 8, 1965, AND ADVICE TO YOU OF ANY ANTICIPATED DELAY. SINCE YOUR HOUSEHOLD GOODS ARRIVED IN CROSSVILLE ON JANUARY 2, 1965, BEFORE YOUR NEW HOME WAS COMPLETED, YOU WOULD NOT ACCEPT THEM AND REQUESTED THAT THEY BE RETURNED ON JANUARY 8, 1965, AS YOU HAD REQUESTED. THEY WERE TEMPORARILY STORED AT KINGSPORT, TENNESSEE, BY THE DRIVER OF THE VAN UNTIL THEY WERE RETURNED TO YOU JANUARY 8, 1965. THE SETTLEMENT OF AUGUST 17, 1965, DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE RESULTING STORAGE, HANDLING, AND DRAYAGE EXPENSES OF $364.80 FOR THE REASON THAT THERE WAS NO EVIDENCE THAT TEMPORARY STORAGE OF YOUR HOUSEHOLD GOODS WAS AUTHORIZED OR APPROVED BY PROPER AUTHORITY OF THE AIR FORCE. IN YOUR LETTER OF SEPTEMBER 6, 1965, YOU EXPRESS THE BELIEF THAT SOMEONE, EITHER AT SHEPPARD AIR FORCE BASE OR THE MOVING COMPANY, WAS NEGLIGENT IN THE SHIPMENT OF YOUR HOUSEHOLD GOODS. YOU STATE THAT WHEN THEY ARRIVED YOU ATTEMPTED TO CALL TRANSPORTATION OFFICERS TO SECURE AN AUTHORIZATION FOR THE TEMPORARY STORAGE BUT WERE UNABLE TO SINCE IT WAS ON SATURDAY AND NO TRANSPORTATION OFFICERS WERE ON DUTY. YOU BELIEVE THAT YOU WOULD NOT BE PENALIZED IN THE CIRCUMSTANCES INVOLVED BECAUSE OF THE FAILURE OF A TRANSPORTATION OFFICER TO AUTHORIZE STORAGE SINCE IT WAS BEYOND YOUR CONTROL THAT YOUR HOUSEHOLD GOODS WERE SHIPPED EARLIER THAN THE DATE REQUESTED.

SECTION 406 OF TITLE 37, U.S.C. PROVIDES THAT IN CONNECTION WITH A PERMANENT CHANGE OF STATION A MEMBER IS ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR, SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH M8260-3 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY, PROVIDES THAT TEMPORARY STORAGE IN CONNECTION WITH A SHIPMENT FROM NONTEMPORARY STORAGE TO THE HOME SELECTED BY THE MEMBER IN CONNECTION WITH RETIREMENT IS NOT AUTHORIZED EXPECT WHEN ALL OF THE FOLLOWING CONDITIONS EXIST:

"1. WHEN NECESSARY BECAUSE OF CONDITIONS BEYOND CONTROL OF THE MEMBER, OR DEPENDENT IF APPLICABLE;

"2. WHEN SUCH CONDITIONS ARISE AFTER SHIPMENT FROM NONTEMPORARY STORAGE;

"3. WHEN TEMPORARY STORAGE IS AUTHORIZED OR APPROVED BY THE TRANSPORTATION OFFICER OR SUCH OTHER OFFICER AS THE SERVICE CONCERNED MAY DESIGNATE.'

THE TRANSPORTATION OFFICER FOR SHEPPARD AIR FORCE BASE REPORTS THAT TEMPORARY STORAGE WAS NOT AUTHORIZED AND THE RECORD DOES NOT SHOW THAT IT WAS SUBSEQUENTLY APPROVED FOR YOUR HOUSEHOLD GOODS DURING THE PERIOD JANUARY 2 TO 8, 1965. IN THE ABSENCE OF SUCH AUTHORIZATION OR APPROVAL AS REQUIRED BY THE QUOTED PROVISIONS OF PARAGRAPH M8260-3 OF THE JOINT TRAVEL REGULATIONS, THERE WOULD BE NO AUTHORITY ON THE PRESENT RECORD TO ALLOW YOUR CLAIM EVEN IF IT WERE OTHERWISE CONCLUDED THAT THE TEMPORARY STORAGE IN QUESTION WAS NECESSARY BECAUSE OF CONDITIONS BEYOND YOUR CONTROL AND THAT SUCH CONDITIONS AROSE AFTER THE SHIPMENT OF YOUR EFFECTS FROM NONTEMPORARY STORAGE.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD THE DISALLOWANCE OF YOUR CLAIM WAS CORRECT AND IS SUSTAINED.