B-129675, DEC. 4, 1956

B-129675, DEC. 4, 1956

TO CAPTAIN CLARENCE A. TUGGLE:

REFERENCE IS MADE TO A LETTER DATED OCTOBER 8, 1956, WRITTEN ON YOUR BEHALF BY YOUR WIFE CONCERNING YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF STORAGE OF YOUR HOUSEHOLD GOODS FROM MARCH 13 TO JULY 2, 1953, INCIDENT TO ORDERS OF JANUARY 23, 1953, ASSIGNING YOU OVERSEAS, AND FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF SUCH EFFECTS FROM STORAGE TO SHINNSTON, WEST VIRGINIA, IN ORDER TO SELECT ITEMS NEEDED OVERSEAS.

BY SETTLEMENT DATED JANUARY 28, 1955, OUR CLAIMS DIVISION ADVISED YOU THAT REIMBURSEMENT OF THE COST OF THE STORAGE WAS NOT AUTHORIZED SINCE YOU DID NOT ELECT TO SHIP THE EFFECTS TO AN AVAILABLE GOVERNMENT STORAGE FACILITY, BUT REQUESTED THAT THEY BE PLACED IN COMMERCIAL STORAGE. YOU WERE ALSO ADVISED THAT THERE WAS NO AUTHORITY FOR SHIPMENT AT GOVERNMENT EXPENSE FROM STORAGE TO A PRIVATE ADDRESS, SUCH SHIPMENT BEING FOR PERSONAL CONVENIENCE. IN THE LETTER OF OCTOBER 8, 1956, IT IS ASSERTED THAT THE SHIPMENT OF THE EFFECTS TO STORAGE WAS NOT AT YOUR REQUEST, BUT AT THE SUGGESTION OF THE TRANSPORTATION OFFICER.

AS YOU WERE ADVISED IN THE SETTLEMENT OF JANUARY 28, 1955, PARAGRAPH 8006 -1, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, AUTHORIZED THE TEMPORARY STORAGE OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE, FOR A PERIOD NOT TO EXCEED SIX MONTHS, ONLY BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE MEMBER AND WHEN GOVERNMENT FACILITIES WERE NOT AVAILABLE. SINCE THE RECORD BEFORE US CONTAINS STANDARD FORM 116 (APPLICATION FOR TRANSPORTATION OF HOUSEHOLD GOODS) SIGNED BY YOU IN WHICH YOU REQUESTED THAT YOUR EFFECTS BE SHIPPED FROM ELIZABETHTOWN, PENNSYLVANIA, TO THE CENTRAL STORAGE WAREHOUSE, CLARKSBURG, WEST VIRGINIA, TO BE PLACED IN COMMERCIAL STORAGE, AND SINCE THE CHIEF, TRANSPORTATION DIVISION, FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS 49, INDIANA, BY LETTER DATED DECEMBER 1, 1954, HAS REPORTED THAT GOVERNMENT STORAGE FACILITIES WERE AVAILABLE, PAYMENT OF YOUR CLAIM FOR THE STORAGE INVOLVED IS NOT AUTHORIZED.

RESPECTING YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTATION OF YOUR EFFECTS FROM STORAGE TO SHINNSTON, WEST VIRGINIA, TO SELECT ITEMS NEEDED OVERSEAS, PARAGRAPH 8009-4B/2), JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDED THAT WHEN A MEMBER IS ORDERED TO AN OVERSEAS STATION AND SHIPMENT OF HOUSEHOLD GOODS TO SUCH OVERSEAS STATION IS PROHIBITED OR WHEN, DUE TO MILITARY RESTRICTIONS, IT IS ANTICIPATED THAT HIS DEPENDENTS WILL NOT BE PERMITTED TO JOIN HIM WITHIN 20 WEEKS, SHIPMENT IS AUTHORIZED TO THE NEAREST AVAILABLE NON-TEMPORARY STORAGE ,AND/OR" TO SUCH LOCATION WITHIN THE UNITED STATES AS MAY BE DESIGNATED BY THE MEMBER CONCERNED. UPON SUBSEQUENT ISSUANCE OF AUTHORITY FOR MOVEMENT OF HOUSEHOLD GOODS OR TRAVEL OF DEPENDENTS TO THE OVERSEAS STATION, SHIPMENT IS AUTHORIZED FROM THE STORAGE PLACE TO THE OVERSEAS ATION,"AND/OR" FROM THE DESIGNATED LOCATION TO THE OVERSEAS DUTY STATION. UNDER SUCH REGULATIONS MEMBER ORDERED TO AN OVERSEAS STATION WAS PERMITTED, IN THE CIRCUMSTANCES SPECIFIED, TO SHIP HIS HOUSEHOLD EFFECTS TO NONTEMPORARY STORAGE IN A GOVERNMENT FACILITY, IF AVAILABLE, OR TO A DESIGNATED LOCATION, OR A PART OF THE EFFECTS COULD BE SHIPPED TO THE NEAREST AVAILABLE NONTEMPORARY STORAGE FACILITY AND A PART TO A DESIGNATED LOCATION. UPON SUBSEQUENT AUTHORIZATION FOR MOVEMENT OF THE EFFECTS OVERSEAS, SHIPMENT WAS AUTHORIZED FROM THE PLACE OF STORAGE "AND/OR" THE DESIGNATED LOCATION TO THE MEMBER'S OVERSEAS STATION AND, UPON APPROVAL OF THE SECRETARY OR HIS DESIGNATED REPRESENTATIVE, ANY PORTION OF THE EFFECTS SHIPPED TO A DESIGNATED LOCATION COULD BE RESHIPPED OVERSEAS AND THE REMAINDER TO STORAGE.

SINCE YOU DESIGNATED CLARKSBURG AS THE PLACE TO WHICH YOUR HOUSEHOLD EFFECTS WERE TO BE SHIPPED, THE REGULATIONS DO NOT AUTHORIZE REIMBURSEMENT FOR A FURTHER SHIPMENT OF THE EFFECTS TO ANOTHER PLACE YOU MIGHT SELECT INCIDENT TO THEIR MOVEMENT TO YOUR OVERSEAS STATION. NO APPROVAL, AS PROVIDED BY THE REGULATIONS, WAS GIVEN FOR SHIPMENT OF ANY PORTION OF THE EFFECTS FROM CLARKSBURG TO SHINNSTON AS A PLACE OF STORAGE. HENCE, REIMBURSEMENT FOR THE COST OF TRANSPORTATION OF THE EFFECTS FROM STORAGE TO SHINNSTON, WEST VIRGINIA, IS NOT AUTHORIZED.

ACCORDINGLY, THE SETTLEMENT OF JANUARY 28, 1955, DISALLOWING YOUR CLAIM, WAS CORRECT AND IS SUSTAINED.