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B-144383, DEC. 7, 1960

B-144383 Dec 07, 1960
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YOU WERE ADVISED THAT THE CHARLESTOWN OFFICE WOULD ASSIST YOU IN COMPLETING THE NECESSARY FORMS BUT THE ACTUAL SHIPMENT OF YOUR GOODS WOULD BE CARRIED OUT BY THE NAVAL SUPPLY DEPOT. THERE IS ON FILE A PARTIALLY EXECUTED STANDARD FORM 116. WE ASSUME THAT THIS FORM IS THE ONE FILLED OUT IN YOUR PRESENCE AT CHARLESTOWN NAVAL SHIPYARD. BASED UPON INFORMATION THEN FURNISHED BY YOU WHICH WAS LATER USED TO COMPLETE STANDARD FORM 116. ARRANGEMENTS WERE MADE FOR THE SHIPMENT OF YOUR GOODS AND MANUEL BROTHERS. SINCE YOU WERE NOT HOME AT THE TIME HE ARRIVED. THE GOODS WERE PICKED UP AUGUST 25. ADVISED YOU THAT YOUR GOODS WERE READY FOR SHIPMENT BUT WERE BEING HELD UNTIL PAYMENT WAS RECEIVED OF THE CHARGES INCURRED ON AUGUST 14.

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B-144383, DEC. 7, 1960

TO WALLACE E. TOBIN, III, ENS, USN:

IN YOUR LETTER DATED OCTOBER 23, 1960, YOU REQUEST REVIEW OF SETTLEMENT DATED OCTOBER 12, 1960, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXTRA CHARGES INCURRED IN CONNECTION WITH THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR APPOINTMENT AS ENSIGN, UNITED STATES NAVY, AND YOUR ASSIGNMENT TO CAMBRIDGE, ENGLAND.

BUREAU OF NAVAL PERSONNEL ORDERS DATED JULY 8, 1959, PROVIDED THAT UPON ACCEPTANCE OF APPOINTMENT AS ENSIGN, UNITED STATES NAVY, AND WHEN DIRECTED BY THE COMMANDING OFFICER, NROTC UNIT, YOU WOULD PROCEED TO LONDON, ENGLAND, FOR ABOUT TWO DAYS' TEMPORARY DUTY AND THENCE TO CAMBRIDGE, ENGLAND, FOR DUTY UNDER INSTRUCTION AT CLARE COLLEGE, CAMBRIDGE, ENGLAND. ON AUGUST 7, 1959, WHILE AT CHARLESTOWN NAVAL SHIPYARD, MASSACHUSETTS, YOU MADE INQUIRY RELATIVE TO THE SHIPMENT OF YOUR EFFECTS. YOU WERE ADVISED THAT THE CHARLESTOWN OFFICE WOULD ASSIST YOU IN COMPLETING THE NECESSARY FORMS BUT THE ACTUAL SHIPMENT OF YOUR GOODS WOULD BE CARRIED OUT BY THE NAVAL SUPPLY DEPOT, NEWPORT, RHODE ISLAND. YOU SAY THE PERSON WHO INTERVIEWED YOU FILLED OUT THE FORMS FOR YOU WHILE YOU ANSWERED HER QUESTIONS.

THERE IS ON FILE A PARTIALLY EXECUTED STANDARD FORM 116, APPLICATION FOR TRANSPORTATION OF HOUSEHOLD GOODS, DATED AUGUST 7, 1959, WHICH, IN EFFECT, REQUESTS SHIPMENT OF YOUR GOODS FROM CAROLINA AVENUE, VINEYARD HAVEN, MASSACHUSETTS, TO LONDON, ENGLAND, AND THAT THE GOODS BE PACKED AND PICKED UP AS SOON AS POSSIBLE. WE ASSUME THAT THIS FORM IS THE ONE FILLED OUT IN YOUR PRESENCE AT CHARLESTOWN NAVAL SHIPYARD, BASED UPON INFORMATION THEN FURNISHED BY YOU WHICH WAS LATER USED TO COMPLETE STANDARD FORM 116, DATED AUGUST 12, 1959, APPARENTLY SIGNED BY YOU, WHICH REQUESTED THE NEWPORT NAVAL SUPPLY DEPOT TO TRANSPORT YOUR GOODS, AND PROVIDED FOR THE EFFECTS TO BE PICKED UP AUGUST 14, 1959.

PURSUANT TO THE ABOVE APPLICATIONS, ARRANGEMENTS WERE MADE FOR THE SHIPMENT OF YOUR GOODS AND MANUEL BROTHERS, INC., SENT A DRIVER WITH A TRUCK TO YOUR HOME AT VINEYARD HAVEN, MASSACHUSETTS, TO PICK UP YOUR GOODS. SINCE YOU WERE NOT HOME AT THE TIME HE ARRIVED, AND YOUR PARENTS DID NOT KNOW WHAT EFFECTS TO RELEASE TO THE TRUCKER, HE RETURNED TO NEWPORT, RHODE ISLAND. THEREAFTER, UPON YOUR MUTUAL AGREEMENT WITH THE SHIPPER, THE GOODS WERE PICKED UP AUGUST 25, 1959, AT WHICH TIME THE TRUCKER PRESENTED YOU WITH A BILL FOR EXPENSES INCURRED ON THE AUGUST 14, 1959, TRIP IN THE AMOUNT OF $83.23, WHICH YOU REFUSED TO PAY AT THAT TIME. LETTER DATED SEPTEMBER 15, 1959, FROM MANUEL BROTHERS, INC., ADVISED YOU THAT YOUR GOODS WERE READY FOR SHIPMENT BUT WERE BEING HELD UNTIL PAYMENT WAS RECEIVED OF THE CHARGES INCURRED ON AUGUST 14, 1959. YOU THEN PAID THESE EXTRA CHARGES IN ORDER TO OBTAIN SHIPMENT OF YOUR EFFECTS AND IT IS FOR THIS PAYMENT THAT YOU CLAIM REIMBURSEMENT.

SINCE YOU SAY YOU WERE ADVISED AT THE CHARLESTOWN NAVAL SHIPYARD THAT IT WOULD NOT BE NECESSARY FOR YOU TO CONTACT THE NEWPORT NAVAL SUPPLY DEPOT TO ARRANGE A DATE FOR THE REMOVAL OF YOUR GOODS BUT WERE TOLD THAT THE NEWPORT OFFICE WOULD CONTACT YOU FOR THAT PURPOSE, YOU FEEL YOU WERE NOT AT FAULT IN NOT BEING PRESENT WHEN THE MOVERS ARRIVED AT YOUR HOME UNEXPECTEDLY. YOU MAINTAIN THAT THE NEWPORT OFFICE SHOULD HAVE CONTACTED YOU TO ARRANGE A MUTUALLY CONVENIENT DATE FOR PICKING UP YOUR GOODS AND, NOT HAVING DONE SO, THE GOVERNMENT SHOULD BE CHARGED WITH THE EXTRA COST INVOLVED.

THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES, AS AUTHORIZED BY SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (C), IS GOVERNED BY THE JOINT TRAVEL REGULATIONS. THOSE REGULATIONS CONTEMPLATE THE SHIPMENT OF HOUSEHOLD GOODS BETWEEN AUTHORIZED POINTS WITHIN CERTAIN LIMITATIONS AND IT IS THE OWNER'S RESPONSIBILITY TO MAKE PROPER ARRANGEMENTS FOR THE DELIVERY OF HIS EFFECTS TO THE SHIPPING OFFICER, AND FOR THE ACCEPTANCE OF THE GOODS UPON ARRIVAL AT DESTINATION. WHILE THE REGULATIONS TAKE COGNIZANCE OF THE FACT THAT OCCASIONALLY EFFECTS MAY BE IMPROPERLY SHIPPED OR OTHERWISE UNAVOIDABLY SEPARATED FROM THE MEMBER, IN ORDER TO OBLIGATE THE GOVERNMENT FOR ANY EXCESS OR EXTRAORDINARY EXPENSES IN CONNECTION WITH THE SHIPMENT, IT MUST BE SHOWN THAT SUCH ADDITIONAL COST WAS OCCASIONED WITHOUT THE FAULT OF THE OWNER.

IN YOUR CASE, THE GOODS WHICH YOU INTENDED TO SHIP WERE LOCATED AT THE HOME OF YOUR PARENTS AT VINEYARD HAVEN, WHICH IS SITUATED ON MARTHA'S VINEYARD ISLAND ABOUT 25 MILES BY FERRY FROM NEW BEDFORD, MASSACHUSETTS. AT THE TIME YOU WERE INTERVIEWED AT CHARLESTOWN NAVAL SHIPYARD, YOU INDICATED THAT YOU WANTED YOUR GOODS PICKED UP AS SOON AS POSSIBLE. YOUR REQUEST FOR REVIEW, WHILE YOU ADMIT THE GOODS WERE TO BE PICKED UP AS SOON AS POSSIBLE, YOU SAY YOU WERE TOLD THAT THE NEWPORT NAVAL SUPPLY DEPOT WOULD CONTACT YOU TO ARRANGE A MUTUALLY CONVENIENT DATE.

THE PHRASE "AS SOON AS POSSIBLE" HAS BEEN INTERPRETED BY THE COURTS IN CONNECTION WITH THE DELIVERY OF GOODS TO MEAN, WITHIN A REASONABLE TIME. IN THIS INSTANCE, WHEN USED WITH REFERENCE TO THE DATE YOUR GOODS WERE TO BE PICKED UP, THE PHRASE,"AS SOON AS POSSIBLE," INDICATED, WITHOUT MORE DEFINITE INSTRUCTIONS, THAT THE SHIPPING OFFICER COULD ARRANGE TO PICK UP YOUR GOODS WITHIN A REASONABLE TIME OR AT HIS CONVENIENCE, AND THAT THEY WERE, OR WOULD BE READY TO BE PICKED UP AT ANY PROPER FUTURE TIME. THE OWNER ALWAYS HAS THE DUTY OF MAKING HIS GOODS AVAILABLE TO THE SHIPPING OFFICER IN ORDER TO AVOID INCURRENCE OF ADDITIONAL OR UNNECESSARY EXPENSES.

THUS, WHILE YOU MAY HAVE UNDERSTOOD THAT YOU WOULD BE CONTACTED TO ARRANGE A DEFINITE TIME FOR YOUR GOODS TO BE PICKED UP, THE SHIPPING OFFICER WAS JUSTIFIED IN ASSUMING IN VIEW OF YOUR REQUEST FOR SHIPMENT AS SOON AS POSSIBLE, THAT YOUR GOODS WOULD BE AVAILABLE FOR COLLECTION BY AUGUST 14, AN OBVIOUSLY REASONABLE TIME AFTER AUGUST 7. THE FACT THAT MORE DEFINITE ARRANGEMENTS WERE NOT MADE WITH YOU PRIOR TO THE ATTEMPTED PICKUP ON AUGUST 14, 1959, CANNOT SHIFT TO THE GOVERNMENT YOUR RESPONSIBILITY FOR MAKING SURE YOUR GOODS WOULD BE AVAILABLE FOR PACKING AND PICKUP WHEN THE TRUCKER ARRIVED. IN SUCH CIRCUMSTANCES WE MAY NOT CONCLUDE THAT THE EXTRA COST OF THE UNSUCCESSFUL PICKUP WAS INCURRED WITHOUT ANY FAULT ON YOUR PART SO AS TO OBLIGATE THE GOVERNMENT FOR SUCH COST.

ACCORDINGLY, DISALLOWANCE OF YOUR CLAIM WAS PROPER AND THAT ACTION IS SUSTAINED.

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