In the Matter of the Petition by               )
                                                              )
HOWARD J. GOULD, LTC. Ret.             )
R-4, Box 28                                           )
Crivitz, WI 54114                                   )
                                                              )
Rental Box Determination -                    )
P. O. Box 1082                                      )  P.S. Docket No. 20/2

APPEARANCE FOR PETITIONER:
Howard J. Gould, LTC. Ret., Pro se
R-4, Box 28
Crivitz, WI 54114

APPEARANCE FOR RESPONDENT:
Thomas A. Ziebarth, Esq.
Consumer Protection Division
Law Department
United States Postal Service
Washington, DC 20260-1112

Duvall, William A.

R. H. Sherman, Postmaster, Bushnell, FL, by letter dated September 7, 1984, advised Howard J. Gould, LTC. Ret., Route 4, Box 28, Crivitz, WI 54114, that Mr. Sherman had determined that for failure to comply with the contractual terms of Post Office Box Rental, P. O. Box 1082 at the Bushnell Post Office could not be re-rented to him.

Mr. Sherman briefly explained the reasons why he had reached the determination to refuse to renew the rental of the box, as follows:

1. Col. Gould did not make arrangements for his mail to be removed promptly from the box, and he did not make arrangements for it to accumulate for more than 30 days (citing Domestic Mail Manual (DMM) 951.152; and

2. It had been discovered that in the application submitted by Col. Gould for the rental of the box, he used a nonexistent address. The Postal Service was, of course, unable to locate such an address, but since Col. Gould's rent had been paid, the mail remained in the box.

Mr. Sherman explained the procedure for taking an appeal from the determination, specified when, how, and to whom to mail the appeal petition, and he explained the consequences of the failure to take a timely appeal.

In his timely Petition opposing the finalization of the determination Col. Gould requested that he be permitted to use "General Delivery, Bushnell, FL" as his mailing address, and that Bushnell Postal personnel be authorized and instructed to forward all his first class mail to a designated address which he would provide to Postmaster Sherman. As reasons why the above request should be granted, Col. Gould submitted the following statements:

"1. I am a retired, regular army Lieutenant Colonel with 26 years of Active Duty who elected to designate the State of Florida as my official home of record. I retired from the Army in the fall of 1966 and then served as a High School Principal for eight (8) years from 1968 thru 1976 when I went to Florida.

2. I have had a Post Office box at the Bushnell, Florida Post Office continuously from 1977 until September 7, 1984 when Mr. R. H. Sherman Postmaster in Bushnell returned my $5.00 Box Rent Check for 1984-1985 with 1st. Class Mail that had accumulated in my mail box No. 1082.

3. I have a Florida Drivers License since 1977 (Expiration Date Nov. 1988) and our 1976 Buick, Electra Automobile has been licensed in the State of Florida since 1977.

4. I also have been a registered voter in Sumter County, Florida since 1977.

5. Since my retirement in 1977 I have traveled extensively throughout the U.S.A. including numerous trips to towns within Florida, but was unable to remove my mail from my rented box in Bushnell on a regular basis. I requested the Postmaster at Bushnell to forward my 1st. Class Mail to me and I would guarantee payment of any postage. This the Postmaster refused to do."

The following Postal regulations are applicable to the instant situation. They are set forth in the indicated sections of the Domestic Mail Manual.

951.152 Accumulation of Mail a. Time limit. Boxholders must remove mail promptly from their boxes. If mail is to accumulate for more than 30 days, specific arrangements must be made in advance with the postmaster.

951.154. Forwarding. Boxes may not be used when the sole purpose is, by subsequently filing change of address orders, to have mail forwarded or transferred to another address by the Postal Service free of charge.

951.81Refusal to Provide Service. A postmaster may refuse to rent a post office box under any of the following circumstances:

a. The applicant has submitted a falsified application for box service.

915.82 Termination of Service. A postmaster may close a post office box when the boxholder has:

a. Falsified the application for the box;

b. Physically abused the box; or

c. Violated any regulation or contractual term or condition relating to the care or use of the box.

The facts as they appear from the documents on file in this matter make it clear that because Col. Gould (1) gave a false, nonexistent address on the application for the rental of the box and (2) violated contractual terms relating to the prompt removal of mail from the box, or to the making of arrangements for accumulation of mail for more than 30 days, the determination of the Postmaster to refuse to renew the rental of P. O. Box 1082 at Bushnell, FL, was correct and that determination is affirmed.

The alleged refusal of the Postmaster to act favorably on the alternative suggestion of Col. Gould is not properly before me for decision. There is no written determination of refusal by Postmaster Sherman from which an appeal was taken. While the matter is not wholly free from doubt, it has been stated that, in any event, the interpretation by the Postal Service of its regulations, and certainly its policy, preclude the making of an agreement of the type suggested by Col. Gould.

Items stated in his petition by Col. Gould concerning his designation of Florida as his official residence, the fact that he votes in and is licensed to drive in Florida, and the licensing of his automobile in Florida are irrelevant to the instant matter.