B-127150, MAY 21, 1956

B-127150, MAY 21, 1956

TO MAJOR GEORGE W. AMON, USAF:

YOUR LETTER POSTMARKED FEBRUARY 7, 1956, REQUESTS REVIEW OF THE SETTLEMENT OF JULY 5, 1955, WHICH DISALLOWED YOUR CLAIM FOR THE AMOUNT COLLECTED FROM YOU AS THE COST OF HAULING, PACKING, AND STORAGE OF YOUR HOUSEHOLD EFFECTS DURING THE PERIOD DECEMBER 11, 1952, TO JUNE 11, 1953.

BY PARAGRAPH 20, SPECIAL ORDERS NO. 240, DATED DECEMBER 9, 1952, MCCLELLAN AIR FORCE BASE, CALIFORNIA, YOU WERE DIRECTED TO PROCEED FROM YOUR PERMANENT STATION, OAKLAND ARMY BASE, CALIFORNIA, TO MAXWELL AIR FORCE BASE, MONTGOMERY, ALABAMA, FOR THE PURPOSE OF ATTENDING A COURSE OF INSTRUCTION OF APPROXIMATELY 22 WEEKS' DURATION, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER STATION. AFTER RECEIPT OF THAT ORDER IT APPEARS THAT YOUR WIFE (BECAUSE SHE WAS IN POOR HEALTH) TRAVELED FROM OAKLAND, CALIFORNIA, TO COLUMBUS, OHIO, TO BE NEAR HER FAMILY. SUBSEQUENTLY, YOU REQUESTED REASSIGNMENT FOR COMPASSIONATE REASONS. THAT REQUEST WAS GRANTED, AND BY PARAGRAPH 2, SPECIAL ORDERS NO. 110, DATED JUNE 5, 1953, YOU WERE DIRECTED, UPON COMPLETION OF SUCH TEMPORARY DUTY, TO PROCEED TO WRIGHT-PATTERSON AIR FORCE BASE, OHIO, FOR DUTY. ON THE BASIS OF THE ORDERS TO TEMPORARY DUTY YOU EXECUTED AN APPLICATION REQUESTING THE OAKLAND ARMY BASE TO PLACE YOUR HOUSEHOLD EFFECTS IN TEMPORARY STORAGE IN CALIFORNIA. ON DECEMBER 11, 1952, YOUR EFFECTS WERE HAULED, PACKED, AND PLACED IN COMMERCIAL STORAGE. THEY REMAINED IN SUCH STORAGE UNTIL JUNE 11, 1953, AT A COST OF $411.23, WHICH AMOUNT WAS COLLECTED FROM YOU. IN YOUR PRESENT LETTER YOU STATE THAT YOU WERE ORDERED TO 22 WEEKS' TEMPORARY DUTY WITH FULL KNOWLEDGE THAT YOU WOULD NOT RETURN TO YOUR DUTY STATION; THAT YOU WERE ORDERED TO VACATE YOUR QUARTERS DUE TO THAT KNOWLEDGE, AND THAT YOU WERE INSTRUCTED TO PLACE YOUR HOUSEHOLD GOODS IN COMMERCIAL STORAGE SINCE THE COST TO THE GOVERNMENT WAS LOWER THAN GOVERNMENT STORAGE IN THIS INSTANCE.

THE PACKING, CRATING, SHIPPING AND STORAGE OF HOUSEHOLD GOODS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. THOSE REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDE (PARAGRAPH 8006-1) FOR TEMPORARY STORAGE, NOT TO EXCEED SIX MONTHS, IN GOVERNMENT OR COMMERCIAL FACILITIES WHEREVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, BECAUSE OF CONDITIONS BEYOND CONTROL OF THE OWNER, AND THAT SUCH STORAGE MUST OCCUR BY REASON OF DELAYS ENCOUNTERED IN THE SHIPMENT OF HOUSEHOLD GOODS FROM ONE POINT TO ANOTHER INCIDENT TO A PERMANENT CHANGE OF STATION. THE REGULATIONS FURTHER PROVIDE (PARAGRAPH 8006-2) THAT UNDER THE CIRCUMSTANCES SPECIFIED, INCLUDING AN ASSIGNMENT AS A STUDENT TO PURSUE A COURSE OF STUDY OF 20 WEEKS OR MORE DURATION, MEMBERS MAY BE FURNISHED NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES IF AVAILABLE.

YOUR FILE CONTAINS A CERTIFICATE THAT GOVERNMENT STORAGE WAS NOT AVAILABLE AND, THEREFORE, YOUR EFFECTS WERE PLACED IN COMMERCIAL STORAGE. THERE WAS NO AUTHORITY, HOWEVER, FOR SUCH COMMERCIAL STORAGE AT GOVERNMENT EXPENSE EVEN THOUGH IT SEEMED MORE ECONOMICAL AT THE TIME. THE RECORD DOES NOT SUPPORT YOUR CONTENTION THAT YOU WERE ORDERED TO TEMPORARY DUTY WITH THE FULL KNOWLEDGE THAT YOU WOULD NOT RETURN TO YOUR DUTY STATION, OR THAT YOU WERE ORDERED TO VACATE YOUR QUARTERS DUE TO THAT KNOWLEDGE. THE CONTRARY, THE ORDERS OF DECEMBER 9, 1952, DIRECTING YOUR TEMPORARY DUTY REQUIRED YOU TO RETURN TO YOUR OLD STATION AFTER THAT DUTY WAS COMPLETED. IT APPEARS THAT THAT REQUIREMENT WAS CHANGED ONLY BECAUSE YOU REQUESTED DUTY ELSEWHERE, AND YOUR REQUEST WAS GRANTED. IT MAY BE ADDED THAT THE STORAGE OF HOUSEHOLD EFFECTS IN GOVERNMENT FACILITIES IS A SERVICE THAT CAN BE FURNISHED IN KIND ONLY AND, WHEN THE EFFECTS ARE NOT IN FACT SO STORED, THERE IS NO PROVISION OF LAW OR REGULATIONS FOR REIMBURSING AN OFFICER FOR COMMERCIAL STORAGE COSTS CLAIMED ON THE BASIS THAT SUCH COSTS WOULD NOT HAVE BEEN INCURRED HAD GOVERNMENT STORAGE BEEN FURNISHED.

THE RECORD INDICATES THAT YOUR EFFECTS SUBSEQUENTLY WERE SHIPPED TO YOUR NEW STATION, AND SINCE IT APPEARS THAT THE PACKING AND CRATING FOR STORAGE SERVED ALSO FOR SHIPMENT, A SETTLEMENT FOR THE AMOUNT DUE AS REIMBURSEMENT FOR PACKING AND CRATING WILL ISSUE IN DUE COURSE.