In the Matter of the Appeal by                           )  July 13, 1989
                                                         )
STEVEN C. THOE                                           )
P. O. Box 2181                                           )
Independence, MO  64055-0081                             )
                                                         )
                                                         )
Determination to Close Post Office Box 2253              )  P.S. Docket No. 34/66


 Grant, Quentin E., Chief Administrative Law Judge

 APPEARANCE FOR PETITIONER:
 Steven C. Thoe,
 P.O. Box 2181,
 Independence, MO 64055-0081 

 APPEARANCE FOR RESPONDENT:
 Jerry Belenker, Esq.,
 Consumer Protection Division,
 U. S. Postal Service,
 Law Department,
 Washington, DC 20260-6111

By petition dated April 28, 1989, Stephen C. Thoe appealed the Postmaster's determination dated April 10, 1989, to close P.O. Box 2253 at the Harry S. Truman Station, Independence, MO 64055 because Petitioner refused to update his box application with a valid current address.

Respondent's answer includes a motion to dismiss the petition. Petitioner was given the opportunity to dispute any of the facts set forth in the motion. Petitioner's response was simply a reference to his petition. There is no genuine issue of material fact requiring a hearing.

1. Petitioner Steven C. Thoe applied for a post office box on September 6, 1985. He was assigned P.O. Box 2253 at the Harry S. Truman Station of the Independence, Missouri Post Office. His application for the box gave as his address 17226 E. 40th St., Independence, MO 64055.

2. By letter dated April 10, 1989, the Postmaster at Independence advised Mr. Thoe that he had learned that he had moved from the address given on his application for the P.O. Box, that the telephone number furnished in the application was no longer valid, and that Mr. Thoe had refused to update this information as required. The letter further advised Mr. Thoe of the Postmaster's determination to terminate his box service unless the required information was furnished.

4. Mr. Thoe, by petition dated April 28, 1989, opposed the Postmaster's determination. The petition contained an acknowledgement that he had moved from the address given on the box application and stated that he is now homeless.

5. Petitioner has failed to provide a current street address on his box application.

1. Section 951.141 of the Domestic Mail Manual (DMM) provides that refusal to furnish information required on the Form 1093, Application for Post Office Box, may be sufficient reason for denial of the application or discontinuance of service. DMM § 951.153 provides that whenever any information required on the Form 1093 changes or becomes obsolete, the box customer must file a revised application reflecting such changes.

2. The Postmaster properly issued his determination to terminate service to Box 2253 because of Petitioner's refusal to furnish a current street address as required on Form 1093 and by the above regulations.

3. Petitioner contends that his homelessness should not bar him from having a post office box. The Judicial Officer of the Postal Service has held that the regulations referred to above provide no exception for a homeless person. Anthony E. Dibari, P.S. Docket No. 20/21 (P.S.D. Jan. 24, 1985).

4. Petitioner argues that the applicable regulations violate his right of privacy because an address furnished by him on Form 1093 can be obtained from the Postal Service by third parties. The Judicial Officer rejected a similar argument in Marlene Chandler, P.S. Docket No. 22/28 (P.S.D. March 17, 1986) where he pointed out that § 352.44(e) of the Postal Service Administrative Support Manual limits release of a boxholder's name or address to narrowly defined circumstances. Therefore, Petitioner's argument is rejected.

5. The motion to dismiss is granted. The determination of the Postmaster is sustained. The petition is dismissed.