B-113812, JUN 24, 1953

B-113812, JUN 24, 1953

PRECIS-UNAVAILABLE

LIEUTENANT THOMAS W. PENN:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 23, 1953, REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 16, 1953, WHICH DISALLOWED YOUR CLAIM FOR $93.33 REPRESENTING THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS FOR THE PERIOD JANUARY 12 TO MAY 17, 1952.

THE RECORD SHOWS THAT BY PARAGRAPH 6, SPECIAL ORDERS NO. 273, DATED NOVEMBER 28, 1950, AS AMENDED BY PARAGRAPH 56, SPECIAL ORDERS NO. 282 DATED DECEMBER 11, 1950, YOU WERE ORDERED TO ACTIVE DUTY FROM SNYDER, TEXAS, AND DIRECTED TO REPORT TO FORT SILL, OKLAHOMA, ON JULY 5, 1951, WHERE BY PARAGRAPH 10, SPECIAL ORDERS NO. 146, DATED JULY 23, 1951, YOU WERE TRANSFERRED TO FORT DEVENS, MASSACHUSETTS, FOR DUTY. ON JULY 7, 1951, YOU HAD YOUR HOUSEHOLD EFFECTS PACKED, CRATED AND HAULED TO COMMERCIAL STORAGE WITH LUTHER TRANSFER AND STORAGE, INC., LUBBOCK, TEXAS. ON AUGUST 27, 1951, YOU EXECUTED AN APPLICATION REQUESTING THE TRANSPORTATION OFFICER, REESE AIR FORCE BASE, LUBBOCK, TEXAS, TO SHIP 7 PIECES (APPROXIMATELY 700 POUNDS OF HOUSEHOLD EFFECTS INCLUDING APPROXIMATELY 15 POUNDS OF PROFESSIONAL EQUIPMENT) FROM THE STORAGE WAREHOUSE TO THE TRANSPORTATION OFFICER, FORT DEVENS, MASSACHUSETTS. UPON RECEIPT OF THIS REQUEST THE REESE AIR FORCE BASE THROUGH ERROR INSTRUCTED LUTHER TRANSFER AND STORAGE, INC., TO SHIP ALL OF YOUR EFFECTS OF THE TOTAL WEIGHT OF 5,185 POUNDS TO FORT DEVENS. SINCE YOU WERE UNABLE TO ACCEPT DELIVERY OF YOUR EFFECTS UPON ARRIVAL DUE TO LACK OF SUITABLE HOUSING, THE TRANSPORTATION OFFICER PLACED THEM IN COMMERCIAL STORAGE ON SEPTEMBER 12, 1951, WITH AYER MOVING AND STORAGE COMPANY, AYER, MASSACHUSETTS, WHERE THEY REMAINED UNTIL MAY 17, 1952, ON WHICH DATE THEY WERE MOVED TO WOODSOME AVENUE, HARVARD, MASSACHUSETTS, AT YOUR REQUEST. THE COST OF SHIPMENT TO FORT DEVENS, $605.61, WAS PAID BY THE GOVERNMENT (VOUCHER 3463, OCTOBER 1951 ACCOUNTS OF CAPTAIN ROGER R. GOOD, USAF). PAYMENT OF $196.25 TO LUTHER TRANSFER AND STORAGE, INC., FOR DRAYAGE, PACKING AND CRATING, HANDLING IN AND OUT OF STORAGE AND STORAGE FOR TWO MONTHS, JULY 9 TO SEPTEMBER 9, 1951, WAS EFFECTED ON VOUCHER 3040 IN THE JUNE 1952 ACCOUNTS OF CAPTAIN R. RICHERSON, USAF. PAYMENT OF STORAGE CHARGES FOR FOUR MONTHS, SEPTEMBER 12, 1951 TO JANUARY 12, 1952, AND HAULING FROM STORAGE TO RESIDENCE, A TOTAL OF $161.24 WAS EFFECTED ON VOUCHER 001387 IN THE JULY 1952 ACCOUNTS OF N.B. HILL. YOUR EFFECTS HAVING BEEN IN STORAGE A TOTAL OF 10 1/2 MONTHS YOU WERE REQUIRED TO PAY STORAGE FOR 4 1/2 MONTHS AT AYER, OR $93.33, FOR WHICH YOU NOW CLAIM REIMBURSEMENT ON THE GROUND THAT SUCH STORAGE WAS NECESSITATED BY DELAY ON THE PART OF THE ARMY IN PAYING THE STORAGE CHARGES AT LUBBOCK WHICH DELAY IS ADMINISTRATIVELY REPORTED TO HAVE RESULTED FROM THE FACT THAT THE TRANSPORTATION OFFICER AT REESE AIR FORCE BASE INTERPRETED EXISTING REGULATIONS AS REQUIRING THAT DRAYAGE, HANDLING IN, STORAGE, AND HANDLING OUT CHARGES ON EFFECTS PLACED IN STORAGE BY THE OWNER MUST BE PAID BY THE OWNER SUBJECT TO A CLAIM FOR REIMBURSEMENT.

TRANSPORTATION OF HOUSEHOLD EFFECTS OF SERVICE PERSONNEL, INCLUDING TEMPORARY STORAGE THEREOF WHEN NECESSARY INCIDENT TO SUCH TRANSPORTATION, IS GOVERNED BY THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814: PARAGRAPH 8150-1 OF SAID REGULATIONS PROVIDES THAT REIMBURSEMENT TO MEMBERS FOR HOUSEHOLD EFFECTS SHIPPED AT PERSONAL EXPENSE IS NOT ORDINARILY AUTHORIZED, BUT IN CASE AN EMERGENCY OR OTHER COMPELLING REASON EXISTED FOR FAILURE TO HAVE THE SHIPPING OFFICER ARRANGE FOR SHIPMENT, THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED MAY RATIFY THE SHIPMENT AND DIRECT REIMBURSEMENT OF TRANSPORTATION CHARGES, WHICH REIMBURSEMENT IS LIMITED BY THE PROVISIONS OF PARAGRAPH 8150-4 TO THE COST HAD SHIPMENT BEEN MADE BY THE SHIPPING OFFICER. PARAGRAPH 8150-2 PROVIDES THAT CLAIMS FOR REIMBURSEMENT FOR TRANSPORTATION CHARGES SO INCURRED MAY INCLUDE CHARGES FOR PACKING, CRATING, DRAYING, STORING AND UNPACKING.

THE REFERRED-TO REGULATIONS CLEARLY REQUIRE THAT PAYMENT OF CHARGES FOR TRANSPORTATION, INCLUDING STORAGE CHARGES INCURRED INCIDENT THERETO, REIMBURSEMENT FOR WHICH IS LIMITED TO 6 MONTHS AND THEN ONLY WHEN THE NECESSITY THEREFOR IS CERTIFIED TO BY PROPERLY DESIGNATED AUTHORITY, CONTRACTED FOR BY THE OWNER SHALL BE MADE BY HIM, WITH A RIGHT TO THEREAFTER FILE CLAIM UPON THE SETTLEMENT OF WHICH HE WILL BE REIMBURSED SUCH AMOUNT AS MAY BE FOUND PAYABLE BY THE GOVERNMENT. SUCH BEING THE CASE, IT MUST BE CONCLUDED THAT ANY DIFFICULTY YOU MAY HAVE EXPERIENCED IN GAINING ACCESS TO YOUR EFFECTS, OR ANY ADDITIONAL STORAGE CHARGES WHICH MAY HAVE BEEN OCCASIONED BY DELAY IN PAYMENT OF DRAYAGE AND STORAGE CHARGES AT LUBBOCK, RESULTED FROM YOUR INSISTENCE THAT SUCH CHARGES BE PAID DIRECTLY BY THE GOVERNMENT. FURTHER, SINCE ALL EFFECTS SHIPPED FOR YOU TO FORT DEVENS SUBSEQUENTLY WERE USED BY YOU AT THAT STATION, THE SHIPPING OF SUCH EFFECTS, WHICH WAS WHOLLY AT GOVERNMENT EXPENSE, IN ADVANCE OF YOUR REQUEST THEREFOR IN NO WAY CONTRAVENED YOUR RIGHTS IN THE MATTER. HENCE, NEITHER THE FACT OF EARLY SHIPMENT, NOR THE FACT THAT IN ULTIMATELY DISPOSING OF THE MATTER THE GOVERNMENT PAID ALL CHARGES BY LUTHER TRANSFER AND STORAGE, INC., LUBBOCK, TEXAS, CONTRACTED FOR BY YOU, REQUIRING ONLY THAT YOU PAY THE FINAL 4 1/2 MONTHS' STORAGE AT AYER, MASSACHUSETTS, REPRESENTING THE EXCESS OVER 6 MONTHS TEMPORARY STORAGE OF YOUR EFFECTS, AFFORDS ANY LEGAL BASIS FOR PAYMENT TO YOU OF ANY PART OF THE AMOUNT NOW CLAIMED.

ACCORDINGLY, THE SETTLEMENT OF JANUARY 16, 1953, WAS CORRECT AND IS SUSTAINED.