B-204621, DEC 22, 1981

B-204621, DEC 22, 1981

DIGEST: MEMBER WHO WAS RELEASED FROM ACTIVE DUTY PLACED HIS HOUSEHOLD GOODS IN STORAGE IN PENSACOLA, FLORIDA. AFTER EXPIRATION OF 180-DAY PERIOD FOR GOVERNMENT PAID TEMPORARY STORAGE, HE REQUESTED SHIPMENT OF HOUSEHOLD GOODS TO HIS HOME IN SHERMAN, CONNECTICUT. DUE TO NAVY ERROR CARRIER DID NOT HAVE STREET ADDRESS AND MAP TO FIND EMPLOYEE'S HOME SO HOUSEHOLD GOODS WERE PLACED IN STORAGE IN BROOKFIELD, CONNECTICUT. MEMBER MAY BE REIMBURSED STORAGE AND TRANSPORTATION COSTS INCURRED IN RESHIPMENT FROM BROOKFIELD TO HIS HOME IN SHERMAN SINCE PARAGRAPH M8012 OF VOLUME 1 OF THE JOINT TRAVEL REGULATIONS ALLOWS SERVICE TO FORWARD IMPROPERLY SHIPPED GOODS AT GOVERNMENT EXPENSE. ROY MOORE, JR., B-185251, JULY 28, 1976, DISTINGUISHED.

LT. NEIL S. BECK - TEMPORARY STORAGE:

THIS DECISION INVOLVES THE CLAIM OF LT. NEIL S. BECK, USNR, FOR STORAGE AND TRANSPORTATION CHARGES INCURRED WHEN HIS HOUSEHOLD GOODS WERE SHIPPED FROM PENSACOLA, FLORIDA, TO SHERMAN, CONNECTICUT. THE ISSUE IS WHETHER LT. BECK MAY BE ALLOWED REIMBURSEMENT FOR EXTRA STORAGE AND TRANSPORTATION CHARGES INCURRED WHEN HIS HOUSEHOLD GOODS WERE MISDIRECTED, EVEN THOUGH HE HAD ALREADY RECEIVED THE MAXIMUM 180 DAYS TEMPORARY STORAGE OF HOUSEHOLD GOODS AUTHORIZED BY VOLUME 1, CHAPTER 8, PART C OF THE JOINT TRAVEL REGULATIONS (1 JTR). WE HOLD THAT LT. BECK MAY RECEIVE REIMBURSEMENT FOR THE EXTRA STORAGE AND TRANSPORTATION CHARGES UNDER PARAGRAPH M8012 OF 1 JTR.

BACKGROUND

LT. BECK WAS RELEASED FROM ACTIVE DUTY AT THE U. S. NAVAL AIR STATION, PENSACOLA, FLORIDA ON JUNE 1, 1979. HE PLACED HIS HOUSEHOLD GOODS IN TEMPORARY STORAGE IN PENSACOLA. UNDER PARAGRAPH M8100-2 OF 1 JTR, TEMPORARY STORAGE OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE MAY NOT EXCEED 180 DAYS. SHORTLY AFTER THE 180-DAY PERIOD FOR TEMPORARY STORAGE EXPIRED, THE NAVAL AIR STATION, PENSACOLA RECEIVED A REQUEST TO SHIP LT. BECK'S HOUSEHOLD GOODS TO LT. BECK'S HOME ON CEDAR LANE, SHERMAN, CONNECTICUT.

WHEN LT. BECK'S HOUSEHOLD GOODS WERE SHIPPED, THE CARRIER WAS NOT SUPPLIED WITH THE TELEPHONE NUMBER WHERE LT. BECK COULD BE REACHED, NOR WITH THE NAME OF THE STREET AND A MAP SHOWING WHERE LT. BECK LIVED, ALL OF WHICH LT. BECK HAD PROVIDED THE NAVAL AIR STATION IN PENSACOLA. CONSEQUENTLY, DELIVERY BY THE CARRIER WAS NOT POSSIBLE AND THE HOUSEHOLD GOODS WERE PLACED IN STORAGE IN BROOKFIELD, CONNECTICUT ON FEBRUARY 1, 1980.

AFTER LT. BECK CONTACTED THE APPROPRIATE AUTHORITIES, DELIVERY OF HIS HOUSEHOLD GOODS WAS FINALLY MADE TO HIS HOME ON FEBRUARY 7, 1980. UPON DELIVERY OF HIS HOUSEHOLD GOODS, LT. BECK WAS REQUIRED TO PAY THE CARRIER $646.45 FOR STORAGE IN BROOKFIELD AND LABOR AND TRANSPORTATION COSTS INCURRED INCIDENT TO THE DELIVERY FROM BROOKFIELD TO HIS HOME IN SHERMAN. LT. BECK'S CLAIM WAS DENIED BY OUR CLAIMS GROUP BECAUSE PARAGRAPH M8100-2 OF 1 JTR LIMITS TEMPORARY STORAGE AT GOVERNMENT EXPENSE TO A MAXIMUM OF 180 DAYS.

OPINION

PARAGRAPH M8012 OF 1 JTR PROVIDES THAT WHEN HOUSEHOLD GOODS WITHIN THE PRESCRIBED WEIGHT ALLOWANCE HAVE BEEN IMPROPERLY SHIPPED OR OTHERWISE UNAVOIDABLY SEPARATED FROM THE MEMBER, THROUGH NO FAULT OF HIS OWN, THEY MAY BE FORWARDED TO THE PROPER DESTINATION AT GOVERNMENT EXPENSE UPON AUTHORIZATION OR APPROVAL OF THE UNIFORMED SERVICE CONCERNED. UNDER THIS PROVISION WE HAVE HELD THAT THE GOVERNMENT COULD PAY THE STORAGE EXPENSES OF HOUSEHOLD GOODS ORIGINALLY MISDIRECTED BY THE GOVERNMENT EVEN THOUGH THE HOUSEHOLD GOODS HAD ALREADY BEEN PLACED IN STORAGE FOR THE MAXIMUM 180 DAYS UNDER PARAGRAPH M8100-2. B-179010, JULY 31, 1973.

THIS IS NOT A MATTER OF ORIGINAL ENTITLEMENT UNDER PARAGRAPH M8100 2. RATHER, PARAGRAPH M8012, WHICH PROVIDES A MEANS OF RELIEF FOR MISDIRECTED SHIPMENTS, IS THE AUTHORITY FOR THE GOVERNMENT TO PAY FOR FURTHER TRANSPORTATION AND STORAGE EXPENSES INCURRED BECAUSE OF THE SERVICE'S ERROR. ACCORDINGLY, WE HOLD THAT LT. BECK'S CLAIM MAY BE PAID IN FULL UNDER PARAGRAPH M8012 OF 1 JTR.

IN ROY MOORE, JR., B-185251, JULY 28, 1976, WE DENIED THE EXTRA STORAGE EXPENSE REIMBURSEMENT WHERE THE MEMBER'S HOUSEHOLD GOODS WERE SIMILARLY MISDIRECTED. HOWEVER, IN THAT CASE THEY WERE STORED AFTER THE MEMBER HAD ALREADY RECEIVED THE MAXIMUM 1-YEAR STORAGE ALLOWANCE FOR NONTEMPORARY STORAGE. ROY MOORE, JR., IS NOT INCONSISTENT WITH OUR DECISION OF TODAY AS THAT DECISION INVOLVED NONTEMPORARY STORAGE FOR A RETIRED MEMBER WHICH IS LIMITED BY 37 U.S.C. SEC. 406(D) (1976) TO 1 YEAR, UNLESS SPECIFIC EXCEPTIONS, NOT PRESENT IN ROY MOORE, JR., ARE MET. HERE, NO SIMILAR STATUTORY LIMITATION IS PRESENT.

ACTION SHOULD BE TAKEN ON LT. BECK'S CLAIM CONSISTENT WITH OUR ABOVE HOLDING.