United States Postal Service(TM)

 In the Matter of the Petition by 	) November 29, 1985
				   	)
 MRS. JUNIOR E. POWELL 			)
 P. O. Box 177 				)
 Columbus, NM 88029-0177 		)
				   	)
				   	)
 Termination of Service for 		)
 P. O. Box 1321, Alpine, TX 79830 	) P.S. Docket No. 21/159

 APPEARANCE FOR PETITIONER: 		Mrs. Junior E. Powell
 					P. O. Box 177
 					Columbus, NM 88029-0177
			       	
 APPEARANCE FOR RESPONDENT:		Nan M. Kalthoff, Esq.
 					Consumer Protection Division
 					Law Department
 					United States Postal Service
 					Washington, DC 20260-lll2

 Cohen, James A.  

POSTAL SERVICE DECISION

Petitioner, Mrs. Junior E. Powell, has appealed from a decision of an Administrative Law Judge dismissing her appeal from a determination of the Postmaster at Alpine, Texas, to terminate service to P. O. Box 1321, Alpine, Texas 79830. The Administrative Law Judge dismissed the appeal because he found that Petitioner had been using the post office box to have mail forwarded to another address in contravention of Section 951.154 of the Postal Service Domestic Mail Manual (DMM).

In her appeal to the Judicial Officer, Petitioner contends she should be allowed to rent a post office box as long as she is "willing to pay the rent on it." She also contends that her forwarding requests were only temporary and that other persons have their mail forwarded under similar circumstances and have not been denied the use of a post office box.

The undisputed facts found by the Administrative Law Judge establish that Petitioner filed eleven changes of address from October 16, 1981 through May 11, 1984, requesting that her mail be forwarded to various addresses in Arizona, Mississippi and New Mexico. The record also establishes that since November 16, 1982, Petitioner continuously had her mail forwarded to various post office boxes at Columbus, New Mexico 88029.

Petitioner's several requests to have mail forwarded to different addresses for an almost continuous 2-1/2 year period is an attempt to have mail transferred by the Postal Service free of charge. Contrary to Petitioner's argument, her many requests over a protracted period are more than a mere temporary change of address. While other persons may have their mail forwarded, the particular facts and circumstances under which that forwarding is performed are not before the Judicial Officer at this time and cannot serve as a basis to support Petitioner's position. In order to be entitled to rent a post office box, a person must comply with the Postal Service regulations published in the DMM. The facts presented in this case establish that

Petitioner's conduct is not in compliance with DMM § 951.154. Therefore, the Administrative Law Judge properly found that Petitioner was in violation of DMM § 951.154 and that termination of service to her post office box was proper. Accordingly, Petitioner's appeal is denied.