B-158240, FEB. 9, 1966

B-158240, FEB. 9, 1966

TO COMMANDER ROBERT B. GRAHAM:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 8, 1965, REQUESTING REVIEW OF SETTLEMENT DATED DECEMBER 7, 1965, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED INCIDENT TO THE STORAGE OF 8,460 POUNDS OF YOUR HOUSEHOLD EFFECTS IN COMMERCIAL FACILITIES DURING THE PERIOD MAY 17 TO AUGUST 5, 1965.

BY ORDERS DATED OCTOBER 19, 1964, YOU WERE DETACHED FROM DUTY AT THE U.S. NAVAL AUXILIARY AIR STATION, MERIDIAN, MISSISSIPPI, AND ASSIGNED TO DUTY AT THE U.S. NAVAL AIR FACILITY, WASHINGTON, D.C. YOU REPORTED FOR DUTY THERE ON DECEMBER 4, 1964. INCIDENT TO SUCH TRANSFER, YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM MERIDIAN, MISSISSIPPI, TO WASHINGTON, D.C. THE EFFECTS WERE PLACED IN TEMPORARY STORAGE ON NOVEMBER 17, 1964, WHERE THEY REMAINED UNTIL AUGUST 5, 1965. STORAGE WAS PAID FOR BY THE GOVERNMENT FOR THE PERIOD NOVEMBER 17, 1964, TO MAY 17, 1965, AND YOU PAID THE STORAGE CHARGES FOR THE PERIOD FROM MAY 17, 1965, TO AUGUST 5, 1965. YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF THIS STORAGE WAS DISALLOWED BY SETTLEMENT DATED DECEMBER 7, 1965, FOR THE REASON THAT THERE IS NO AUTHORITY WHEREBY STORAGE IN EXCESS OF THE 6 MONTHS' AUTHORIZED TEMPORARY STORAGE PERIOD MAY BE ALLOWED.

YOU SAY YOU WERE IN TEMPORARY LODGINGS PENDING ASSIGNMENT TO GOVERNMENT QUARTERS WHICH WERE ORIGINALLY SCHEDULED FOR OCCUPANCY ON MARCH 15, 1965, BUT THAT AS A RESULT OF CONSTRUCTION DELAYS, THE QUARTERS DID NOT BECOME AVAILABLE UNTIL AUGUST 5, 1965. YOU REFER TO PARAGRAPH M8308-2, JOINT TRAVEL REGULATIONS, WHICH PROVIDES THAT A MEMBER IS ENTITLED TO ANY NECESSARY DRAYAGE AND STORAGE OF HOUSEHOLD GOODS INCIDENT TO ASSIGNMENT OF GOVERNMENT QUARTERS. IT APPEARS TO BE YOUR VIEW THAT SINCE YOUR HOUSEHOLD EFFECTS WERE HELD IN STORAGE AWAITING ASSIGNMENT OF GOVERNMENT QUARTERS BEYOND THE ORIGINALLY ANTICIPATED PERIOD OF DELAY FOR REASONS NOT WITHIN YOUR CONTROL YOUR SITUATION IS COVERED BY PARAGRAPH M8308-2 AND THAT YOU WERE ENTITLED TO STORAGE OF YOUR EFFECTS UNTIL YOUR MOVE INTO GOVERNMENT QUARTERS WAS ACCOMPLISHED.

THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 406, PROVIDE FOR TRANSPORTATION OF HOUSEHOLD EFFECTS, INCLUDING STORAGE UNDER CERTAIN CIRCUMSTANCES, INCIDENT TO ORDERED CHANGES OF STATION. PARAGRAPH M8100-2 OF THE REGULATIONS, IN EFFECT AT THE TIME OF THIS CLAIM, PROVIDES FOR TEMPORARY STORAGE IN TRANSIT FOR 90 DAYS AND IN CERTAIN CIRCUMSTANCES FOR AN ADDITIONAL 90 DAYS WHEN THE GOODS CANNOT BE WITHDRAWN BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE MEMBER. PARAGRAPH M8101-1 OF THE REGULATIONS PROVIDES THAT NONTEMPORARY STORAGE IS ALL AUTHORIZED STORAGE OTHER THAN THAT AUTHORIZED IN PARAGRAPH M8100. PARAGRAPH M8101-2 PROVIDES FOR NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS AT THE NEAREST APPROVED COMMERCIAL FACILITY TO THE PLACE WHERE THE HOUSEHOLD GOODS ARE LOCATED OR IN THE NEAREST AVAILABLE GOVERNMENT STORAGE FACILITY, WHICHEVER IS MORE ECONOMICAL TO THE GOVERNMENT AS DETERMINED BY THE TRANSPORTATION OFFICER OR SUCH OTHER OFFICER AS THE SERVICE CONCERNED MAY DESIGNATE. PARAGRAPH M8101-6 PROVIDES ENTITLEMENT TO NONTEMPORARY STORAGE IS PREMISED ON THE MEMBER'S STATUS AS OUTLINED IN THE TABLE SET FORTH IN THE REGULATION. SITUATION NO. 13 IN THE TABLE, REFERRING TO CIRCUMSTANCES COVERED BY PARAGRAPH M8308, WHICH YOU CITE, IS AS FOLLOWS:

"13. SITUATION TERMINATION OF ENTITLEMENT

UPON ASSIGNMENT OR REASSIGNMENT OF DATE MEMBER IS ORDERED TO

GOVERNMENT QUARTERS (PAR. M8308) RELINQUISH GOVERNMENT

QUARTERS.'

SUCH PROVISION COVERS SITUATIONS ARISING "UPON ASSIGNMENT OR REASSIGNMENT OF GOVERNMENT QUARTERS," AND NOT TO PERIODS PRIOR TO ASSIGNMENT TO THE QUARTERS. SINCE THE RECORD SHOWS THAT ASSIGNMENT TO GOVERNMENT QUARTERS IN YOUR CASE WAS NOT MADE UNTIL AUGUST 5,1965, THERE IS NO AUTHORITY TO ALLOW YOUR CLAIM FOR ADDITIONAL STORAGE UNDER PARAGRAPH M8308-2 OF THE REGULATIONS.

IN THESE CIRCUMSTANCES, AND SINCE YOU HAVE RECEIVED THE MAXIMUM BENEFITS AUTHORIZED UNDER THE TEMPORARY STORAGE PROVISIONS OF THE REGULATIONS (PARAGRAPH M8100-2, JOINT TRAVEL REGULATIONS), THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER. ACCORDINGLY, THE SETTLEMENT OF DECEMBER 7, 1965, IS CORRECT AND IS SUSTAINED.