B-160147, DEC. 28, 1966

B-160147, DEC. 28, 1966

TO LIEUTENANT COMMANDER IRA J. RIMSON, USN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 19, 1966, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF SEPTEMBER 7, 1966, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR 3 MONTHS' ADDITIONAL STORAGE OF YOUR HOUSEHOLD EFFECTS.

BY BUREAU OF PERSONNEL ORDERS 082899, DATED SEPTEMBER 21, 1964, WHEN RELIEVED IN DECEMBER, YOU WERE TO BE DETACHED FROM DIFOT STAFF AT NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, AND PROCEED TO NAVAL AIR STATION, NORTH ISLAND, SAN DIEGO, CALIFORNIA, FOR TEMPORARY DUTY OF ABOUT 8 WEEKS. THEN YOU WERE TO PROCEED TO THE NAVAL AIR STATION, MOFFETT FIELD, CALIFORNIA, FOR TEMPORARY DUTY OF ABOUT 12 WEEKS, AND UPON COMPLETION OF THE LATTER DUTY, YOU WERE TO PROCEED TO THE PORT IN WHICH PATRON TWENTY TWO WAS AND REPORT FOR DUTY. ON NOVEMBER 23, 1964, YOU EXECUTED THREE APPLICATIONS FOR SHIPMENT OF HOUSEHOLD EFFECTS, REQUESTING THAT SMALL SHIPMENTS BE MADE FROM CORPUS CHRISTI, TEXAS, TO SAN DIEGO, CALIFORNIA, AND BARBERS POINT, HAWAII, RESPECTIVELY, AND THAT THE MAJOR PORTION OF YOUR EFFECTS BE SHIPPED FROM CORPUS CHRISTI TO BARBERS POINT. AS TO THE LATTER SHIPMENT YOU REQUESTED AND THERE WAS AUTHORIZED, 180 DAYS' TEMPORARY STORAGE AT DESTINATION. THE SHIPMENTS WERE MADE AS REQUESTED, AND AS TO THE LATTER SHIPMENT, 180 DAYS' TEMPORARY STORAGE IN TRANSIT AT DESTINATION WAS AUTHORIZED.

BY ORDERS 082899 (1) DATED MARCH 30, 1965, THE ORDERS OF SEPTEMBER 21, 1964, WERE MODIFIED SO THAT UPON DETACHMENT FROM TEMPORARY DUTY AT MOFFETT FIELD YOU WERE TO REPORT TO THE NROTC UNIT, UNIVERSITY OF SOUTHERN CALIFORNIA, LOS ANGELES, CALIFORNIA, FOR TEMPORARY DUTY OF ABOUT 10 WEEKS. THE MAJOR PORTION OF YOUR EFFECTS WAS SHIPPED TO BARBERS POINT, HAWAII, AND PLACED IN TEMPORARY STORAGE ON JANUARY 28, 1965, AND REMAINED THERE UNTIL OCTOBER 13, 1965, A PERIOD OF NEARLY 9 MONTHS. THE CHARGES FOR 180 DAYS, OR FROM JANUARY 28 TO JULY 27, 1965, WERE PAID BY THE GOVERNMENT.

YOUR CLAIM FOR REIMBURSEMENT OF THE STORAGE CHARGES FROM JULY 27 TO OCTOBER 13, 1965, WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASONS STATED THEREIN. IN YOUR REQUEST FOR REVIEW YOU STATE THAT HAD YOU KNOWN ORIGINALLY THAT YOUR TEMPORARY DUTY WOULD BE EXTENDED BY THE MODIFICATION OF MARCH 30, 1965, YOU WOULD NOT HAVE SHIPPED YOUR EFFECTS TO HAWAII, BUT WOULD HAVE PLACED THEM IN NONTEMPORARY STORAGE AT ORIGIN IN ACCORDANCE WITH PARAGRAPH M8255 OF THE JOINT TRAVEL REGULATIONS AND LATER SHIPPED THEM TO YOUR STATION. YOU SAY THAT STORAGE BEYOND THE AUTHORIZED PERIOD OF TEMPORARY STORAGE RESULTED FROM THE MODIFICATION OF YOUR ORDERS.

SECTION 406 OF TITLE 37, U.S.C. PROVIDES THAT IN CONNECTION WITH A CHANGE OF STATION A MEMBER MAY BE AUTHORIZED TRANSPORTATION OF HOUSEHOLD EFFECTS INCLUDING STORAGE UNDER SUCH CIRCUMSTANCES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH M8100-1 OF THE JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDES FOR TEMPORARY STORAGE IN CONNECTION WITH A PERMANENT CHANGE OF STATION AND THAT SUCH STORAGE MAY BE AT ORIGIN, IN TRANSIT OR AT DESTINATION. PARAGRAPH M8100-2 OF THE SAME REGULATIONS LIMITS SUCH STORAGE TO 90 DAYS EXCEPT THAT WHEN, BECAUSE OF CONDITIONS BEYOND CONTROL OF THE OWNER, HOUSEHOLD GOODS 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. THIS WAS DONE IN YOUR CASE.

PARAGRAPH M8255 OF THE JOINT TRAVEL REGULATIONS (CHANGE 136, APRIL 1, 1964) PROVIDES THAT WHEN A MEMBER IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION WITH TEMPORARY DUTY EN ROUTE, HE WILL BE ENTITLED TO SHIPMENT OF HIS HOUSEHOLD GOODS TO HIS NEW DUTY STATION, AND "UPON APPROVAL BY THE TRANSPORTATION OFFICER OR SUCH OTHER OFFICER AS THE SERVICE CONCERNED MAY DESIGNATE," HE WILL BE ENTITLED TO NONTEMPORARY STORAGE OF HIS HOUSEHOLD GOODS AS AUTHORIZED IN PARAGRAPH M8101 OF THE REGULATIONS FOR THE PERIOD OF THE TEMPORARY DUTY. PARAGRAPH M8101-2 OF THE JOINT TRAVEL REGULATIONS (CHANGE 108, OCTOBER 1, 1961) PROVIDES THAT NONTEMPORARY STORAGE WILL BE IN THE NEAREST APPROVED COMMERCIAL FACILITY TO THE PLACE WHERE THE HOUSEHOLD GOODS ARE LOCATED OR 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.

THUS, UPON RECEIPT OF YOUR ORDERS TO A NEW PERMANENT STATION WITH TEMPORARY DUTY EN ROUTE YOU COULD HAVE APPLIED FOR NONTEMPORARY STORAGE WHICH COULD HAVE BEEN APPROVED AND FURNISHED AT THE NEAREST APPROVED COMMERCIAL FACILITY OR NEAREST GOVERNMENT STORAGE FACILITY AND SHIPMENT COULD HAVE BEEN MADE TO YOUR NEW STATION AFTER COMPLETION OF THE TEMPORARY DUTY. HOWEVER, SINCE YOU ELECTED TO SHIP THE EFFECTS TO YOUR NEW STATION WITH TEMPORARY STORAGE AT DESTINATION, THERE IS NO AUTHORITY UNDER THE REGULATIONS FOR THE GOVERNMENT TO PAY THE TEMPORARY STORAGE CHARGES FOR MORE THAN 180 DAYS. WHEN TEMPORARY STORAGE EXCEEDS THAT PERIOD EVEN THOUGH THE RESULT OF EXTENDED TEMPORARY DUTY, THE REGULATIONS MAKE NO PROVISION FOR CONVERTING THE TEMPORARY STORAGE TO NONTEMPORARY STORAGE TO PERMIT PAYMENT OF THE ADDITIONAL STORAGE CHARGES INCURRED.

ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 7, 1966, WAS CORRECT AND IS SUSTAINED.