B-140457, SEP. 17, 1959

B-140457, SEP. 17, 1959

TO THE TECHNICAL SERGEANT EARL R. BEADLE, AF 19371584:

REFERENCE IS MADE TO YOUR LETTER OF JULY 22, 1959, REQUESTING REVIEW OF OUR SETTLEMENT OF MARCH 30, 1956, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF COST OF DRAYAGE AND TEMPORARY STORAGE OF HOUSEHOLD GOODS AT SPOKANE, WASHINGTON, DURING THE PERIOD JANUARY 5 THROUGH 8, 1955, INCIDENT TO THEIR SHIPMENT FROM RAPID CITY, SOUTH DAKOTA, TO FAIRCHILD AIR FORCE BASE, WASHINGTON.

BY SPECIAL ORDERS NO. 190, OF THE 28TH STRATEGIC RECONNAISSANCE WING HEAVY (SAC), ELLSWORTH AIR FORCE BASE, RAPID CITY, SOUTH DAKOTA, DATED AUGUST 26, 1954, YOU WERE RELIEVED FROM ASSIGNMENT AT THAT STATION AND DISCHARGED EFFECTIVE SEPTEMBER 5, 1954. SPECIAL ORDERS NO. 69 OF DETACHMENT 6, 6400 AREA SERVICE UNIT, RECRUITING MAIN STATION, SAN FRANCISCO, CALIFORNIA, DATED OCTOBER 4, 1954, SHOW THAT YOU REENLISTED AT THAT PLACE ON THAT DATE AND WERE ASSIGNED TO CASTLE AIR FORCE BASE, MERCED, CALIFORNIA, FOR PROCESSING AND FURTHER ASSIGNMENT. BY SPECIAL ORDERS NO. 286, HEADQUARTERS, 93RD BOMBARDMENT WING (M) (SAC) CASTLE AIR FORCE BASE, CALIFORNIA, DATED DECEMBER 9, 1954,YOU WERE RELIEVED FROM ASSIGNMENT AT THAT STATION AND ASSIGNED TO FAIRCHILD AIR FORCE BASE, TO REPORT NOT LATER THAN JANUARY 10, 1955. YOUR HOUSEHOLD GOODS WERE PLACED IN STORAGE AT RAPID CITY ON SEPTEMBER 3, 1954. BY LETTER DATED DECEMBER 10, 1954, YOU INFORMED THE COMMERCIAL TRANSPORTATION OFFICER, ELLSWORTH AIR FORCE BASE, AS FOLLOWS:

"I HAVE REENLISTED INTO THE AIR FORCE AND WILL REPORT TO FAIRCHILD A.F.B. NOT LATER THAN 10 JAN. 1955. WOULD YOU PLEASE HAVE MY HOUSEHOLD GOODS TAKEN OUT OF STORAGE AND SHIPPED TO FAIRCHILD A.F.B. AS SOON AS POSSIBLE. I AM SENDING ONE COPY OF MY ORDERS FOR FAIRCHILD AND AN EXTRA FORM 116.'

YOUR HOUSEHOLD GOODS WERE SHIPPED ON GOVERNMENT BILL OF LADING AF 3857707, WHICH PURPORTED TO AUTHORIZE STORAGE IN TRANSIT FOR NOT TO EXCEED 60 DAYS, AND YOUR HOUSEHOLD GOODS REACHED FAIRCHILD AIR FORCE BASE ON JANUARY 5, 1955. THEY WERE PLACED IN STORAGE UNTIL YOU PICKED THEM UP ON JANUARY 8, 1955. STORAGE AND DELIVERY CHARGES PLUS FEDERAL TAX TOTALING $76.69 WERE PAID BY THE GOVERNMENT TO SMYTH VAN AND STORAGE COMPANY AND SUBSEQUENTLY COLLECTED FROM YOU.

THE TEMPORARY STORAGE OF HOUSEHOLD GOODS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, 37 U.S.C. 253 (C). SECTION 303 (C) OF THAT ACT PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED, IN CONNECTION WITH A CHANGE OF STATION, TO ,TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYING, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS" TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. THE PERTINENT PARAGRAPHS OF THE JOINT TRAVEL REGULATIONS IN EFFECT AT THE TIME INVOLVED ARE AS FOLLOWS:

"8050-6. ACCEPTANCE AT DESTINATION. ADVANCE ARRANGEMENTS FOR IMMEDIATE ACCEPTANCE OF THE HOUSEHOLD GOODS FROM THE CARRIER AT DESTINATION ARE THE RESPONSIBILITY OF THE MEMBER. THE MEMBER IS RESPONSIBLE FOR ANY DEMURRAGE, UNAUTHORIZED STORAGE, OR OTHER CHARGES INCURRED BECAUSE CORRECT DELIVERY ADDRESS WAS NOT FURNISHED OR BECAUSE SHIPMENT WAS NOT ACCEPTED PROMPTLY FROM THE CARRIER BY SUCH MEMBER OR HIS AUTHORIZED AGENT. SHIPMENTS WILL BE FORWARDED TO THE MEMBER OR HIS AUTHORIZED AGENT AS DESIGNATED IN HIS APPLICATION FOR TRANSPORTATION AND HOUSEHOLD GOODS (STANDARD FORM 116).

"8006-1. TEMPORARY STORAGE

"A. WHEN AUTHORIZED. WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, BECAUSE OF CONDITIONS BEYOND CONTROL OF THE MEMBER (INCLUDING BUT NOT LIMITED TO DIRECTED SURRENDER OF QUARTERS, ARRIVAL OF SHIPMENT AT DESTINATION BEFORE ARRIVAL OF MEMBER, OR NONAVAILABILITY OF HOUSING AT DESTINATION) TEMPORARY STORAGE OF HOUSEHOLD GOODS WITHIN PRESCRIBED WEIGHT ALLOWANCES IS AUTHORIZED AT GOVERNMENT EXPENSE.

"C. NOTATION ON PAYMENT VOUCHER. VOUCHERS COVERING PAYMENT OF COMMERCIAL STORAGE AT GOVERNMENT EXPENSE WILL BE SUPPORTED BY A CERTIFICATE OF PROPERLY DESIGNATED AUTHORITY THAT THE STORAGE IS NECESSARY.'

UNDER THESE REGULATIONS A MEMBER IS RESPONSIBLE FOR THE COST OF ANY STORAGE AT DESTINATION UNLESS IT APPEARS THAT SUCH STORAGE WAS NECESSARY BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE OWNER. AN ALLEGATION OF SUCH CIRCUMSTANCES MUST BE SUPPORTED BY A CERTIFICATE OF NECESSITY EXECUTED BY PROPER AUTHORITY. YOUR CLAIM IS NOT SUPPORTED BY A CERTIFICATE OF NECESSITY EXECUTED BY PROPER AUTHORITY. YOUR CLAIM IS NOT SUPPORTED BY SUCH A CERTIFICATE. ON THE CONTRARY, A STATEMENT PREPARED FOR THE TRANSPORTATION OFFICER, FAIRCHILD AIR FORCE BASE, INDICATES THAT THE STORAGE WAS CONSIDERED TO BE FOR YOUR OWN CONVENIENCE, THERE BEING NO EVIDENCE OF CONDITIONS BEYOND YOUR CONTROL.

ALTHOUGH IT APPEARS THAT YOU WERE NOT ADVISED OF THE DATE OF SHIPMENT OR THE DATE OF ARRIVAL OF YOUR HOUSEHOLD GOODS, HAD YOU INFORMED THE TRANSPORTATION OFFICER AT FAIRCHILD AIR FORCE BASE OF THE PROPER DISPOSITION OF YOUR HOUSEHOLD GOODS OR REQUESTED NOTICE OF THEIR ARRIVAL, THE EXCESS STORAGE OF YOUR HOUSEHOLD GOODS MIGHT HAVE BEEN AVOIDED. THAT AS IT MAY, HOWEVER, THE REGULATIONS PLACE THE RESPONSIBILITY OF RECEIPT OF HOUSEHOLD GOODS AT DESTINATION UPON THE OWNER OF THE GOODS. HENCE, AND NOTWITHSTANDING THE FACT THAT THE EARLIER STORAGE OF YOUR HOUSEHOLD GOODS AT RAPID CITY, SOUTH DAKOTA, ALSO WAS AT YOUR EXPENSE, THERE IS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM. SEE B-131801, AUGUST 13, 1957, AND B-125318, NOVEMBER 2, 1955.