B-93879, MAY 9, 1950, 29 COMP. GEN. 449

B-93879, MAY 9, 1950, 29 COMP. GEN. 449

TEMPORARY STORAGE OF HOUSEHOLD EFFECTS - CHANGE OF STATION THE PROVISION IN EXECUTIVE ORDER NO. 10053, ISSUED PURSUANT TO SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY SECTION 205 OF THE ACT OF AUGUST 2, 1946, THAT THE REGULATIONS PROMULGATED THEREIN SHALL BE APPLICABLE, WITH RESPECT TO THE TRANSPORTATION OF HOUSEHOLD EFFECTS INCIDENT TO CHANGE OF STATION, TO PACKING, CRATING, AND UNPACKING PERFORMED, SHIPMENTS AND DRAYAGE COMMENCING, AND STORAGE ACCRUING, ON OR AFTER A SPECIFIED DATE, DOES NOT PRECLUDE THE REIMBURSEMENT OF TEMPORARY STORAGE CHARGES INCURRED AFTER THAT DATE BY A MEMBER OF THE UNIFORMED SERVICES UNDER CHANGE OF STATION ORDERS ISSUED PRIOR THERETO.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, MAY 9, 1950.

REFERENCE IS MADE TO YOUR LETTER OF MARCH 15, 1950, FORWARDING FOR CONSIDERATION A LETTER FROM THE OFFICER IN CHARGE, U.S. NAVY REGIONAL ACCOUNTS OFFICE, ARLINGTON ANNEX, WASHINGTON, D.C., DATED NOVEMBER 18, 1949, AND REQUESTING A DECISION WHETHER HARRY E. AUSTIN, BOATSWAIN'S MATE SECOND CLASS, U.S. NAVY, IS ENTITLED TO REIMBURSEMENT FOR THE COST OF STORING HIS HOUSEHOLD GOODS FROM MARCH 3, 1949, TO JUNE 22, 1949 ON THE BASIS OF PERMANENT CHANGE OF STATION ORDERS DATED JANUARY 10, 1949.

IT IS SHOWN THAT BY THE ABOVE-CITED ORDERS HARRY E. AUSTIN WAS DETACHED FROM DUTY ON THE U.S.S. TOPEKA (CL-67) AND ASSIGNED TO DUTY AT THE NAVAL TRAINING CENTER, GREAT LAKES, ILLINOIS, FOR NORMAL TOUR OF SHORE DUTY. INCIDENT TO SUCH ORDERS HE MADE APPLICATION ( NAV. S. AND A. FORM 34) TO THE SUPPLY OFFICER IN COMMAND, NAVAL SUPPLY DEPOT, SAN PEDRO, CALIFORNIA, FOR SHIPMENT OF ONE LOT OF HOUSEHOLD EFFECTS FROM LONG BEACH, CALIFORNIA, TO GREAT LAKES, ILLINOIS, WITH INSTRUCTIONS THAT THEY BE HELD BY THE SUPPLY OFFICER, NAVAL SUPPLY DEPOT, AT DESTINATION FOR THE OWNER. THE RECORD INDICATES THAT SAID EFFECTS, WEIGHING 1,494 POUNDS, WERE HAULED TO PRIVATE STORAGE IN WAUKEGAN, ILLINOIS (NEAR GREAT LAKES), AT GOVERNMENT EXPENSE ON MARCH 3, 1949, NO GOVERNMENT FACILITIES BEING AVAILABLE FOR THEIR STORAGE AND NO LIVING QUARTERS IN WHICH TO PLACE THEM BEING AVAILABLE AT THAT TIME. THE CHARGES INCURRED ARE ITEMIZED AS FOLLOWS: LABOR PACKING HOUSEHOLD GOODS INTO STORAGE ------------------------- $3.50 STORAGE ON 350 CU. FT. AT 2 CENTS PER CU. FT. FROM MARCH 3, 1949

TO JUNE 22, 1949 - 3 1/2 MONTHS AT $7.00 ----------------------- 24.50 LABOR PACKING OUT OF STORAGE ----------------------------------- -- 3.50 CARTAGE FROM STORAGE TO 80 WAUKEGAN RD. LAKE FOREST, ILL.

TRUCK AND 2 MEN 1 1/2 HOURS AT $8.00 ---------------------------- 12.00

43.50

THE CLAIM FOR REIMBURSEMENT IS IN THE AMOUNT OF $43.50.

SECTION 205 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 860, AMENDED SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, BY STRIKING OUT THE PROVISO THEREIN RELATIVE TO TRANSPORTATION OF HOUSEHOLD EFFECTS AND ADDING THERETO A NEW PARAGRAPH AS FOLLOWS:

UPON CHANGES OF STATION, MEMBERS OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT SHALL BE ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD GOODS AND EFFECTS, OR REIMBURSEMENT THEREFOR, AS AUTHORIZED BY REGULATIONS PRESCRIBED BY THE HEADS OF THE DEPARTMENT CONCERNED, WHICH SHALL BE UNIFORM FOR THE SERVICES MENTIONED AND SHALL BE APPROVED BY THE PRESIDENT. SUCH TRANSPORTATION MAY BE BY RAIL, WATER, OR VAN, WITHOUT REGARD TO COMPARATIVE COSTS.

REGULATIONS WERE PROMULGATED, BY VIRTUE OF AND PURSUANT TO SUCH STATUTORY AUTHORIZATION, IN EXECUTIVE ORDER 10053, DATED APRIL 20, 1949. THE LAST PARAGRAPH OF THE PREAMBLE THERETO PROVIDES THAT:

THE PROVISIONS OF THESE REGULATIONS SHALL BE APPLICABLE, WITH RESPECT TO SUCH HOUSEHOLD GOODS, TO (1) PACKING, CRATING, AND UNPACKING PERFORMED, (2) SHIPMENTS AND DRAYAGE COMMENCING, AND (3) STORAGE ACCRUING, ON OR AFTER FEBRUARY 1, 1949.

FURTHER CONDITIONS UNDER WHICH RIGHTS TO TEMPORARY STORAGE ACCRUE ARE SET OUT IN PARAGRAPH 7A OF THE REGULATIONS. HOWEVER, YOUR DOUBT IN AUSTIN'S CASE APPEARS TO ARISE SOLELY FROM THE QUESTION WHETHER OR NOT, IN VIEW OF THE ABOVE-QUOTED PROVISION IN THE REGULATIONS, PAYMENT MAY BE MADE FOR THE STORAGE CHARGES ACCRUING AFTER FEBRUARY 1, 1949, BASED ON THE ORDERS DATED PRIOR TO THAT DATE. WHILE, AS STATED IN THE ABOVE CITED LETTER OF NOVEMBER 18, 1949, THE RULE GENERALLY APPLIED IN CONNECTION WITH TRANSPORTATION OF/HOUSEHOLD EFFECTS IS THAT THE RIGHTS AND BENEFITS TO WHICH PERSONNEL ARE ENTITLED UNDER THEIR CHANGE OF STATION ORDERS ARE THOSE WHICH ACCRUE ON THE DATE THE ORDERS ARE REQUIRED TO BE OBEYED, THERE APPEARS TO BE NO CLEAR LEGAL REASON WHY THE PROVISIONS OF EXECUTIVE ORDER NO. 10053 SHOULD NOT BE GIVEN EFFECT. ACCORDINGLY, YOU ARE ADVISED THAT THIS OFFICE WILL NOT BE REQUIRED TO OBJECT TO THE PAYMENT TO HARRY E. AUSTIN OF THE AMOUNT TO WHICH HE IS ENTITLED FOR TEMPORARY STORAGE CHARGES UNDER THE APPLICABLE REGULATIONS, EVEN THOUGH SUCH CHARGES WERE INCURRED AFTER FEBRUARY 1, 1949, IN CONNECTION WITH A PERMANENT CHANGE OF STATION ORDERED PRIOR TO THAT DATE.