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B-128959, OCT. 16, 1957

B-128959 Oct 16, 1957
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WAS ASSIGNED TO FRANKFURT. YOUR HOUSEHOLD EFFECTS WERE MOVED FROM YOUR RESIDENCE TO THE SECURITY STORAGE COMPANY IN WASHINGTON. YOUR CLAIM FOR THE DRAYAGE AND PACKING OF YOUR EFFECTS WAS DISALLOWED BECAUSE IT HAD NOT BEEN AUTHORIZED OR APPROVED BY THE ADMINISTRATIVE OFFICE. IT IS STATED THAT YOUR EFFECTS WERE MOVED FROM YOUR RESIDENCE TO THE SECURITY STORAGE COMPANY WAREHOUSE IN WASHINGTON. THAT THE BULK OF YOUR EFFECTS WERE STORED AND THE BALANCE WAS PREPARED FOR SHIPMENT TO GERMANY. IT WAS CONCLUDED THAT THE HAULING AND PACKING OF YOUR EFFECTS WAS MERELY INCIDENTAL TO STORAGE THEREOF. THE HAULING AND PACKING CHARGES WERE LIKEWISE NOT ALLOWABLE. WHERE THEY WERE UNABLE TO USE SUCH EFFECTS.

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B-128959, OCT. 16, 1957

TO MR. ALEXANDER F. KIEFER:

YOUR LETTER OF SEPTEMBER 14, 1957, REQUESTS RECONSIDERATION OF OUR DECISION OF OCTOBER 2, 1956, B-128959, TO YOU, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES, IN THE AMOUNT OF $69.19, WHICH YOU INCURRED IN PLACING YOUR HOUSEHOLD GOODS AND EFFECTS IN STORAGE, UPON YOUR APPOINTMENT AND ASSIGNMENT TO GERMANY WITH THE DEPARTMENT OF STATE.

THE RECORDS SHOW THAT BY TRAVEL AUTHORIZATION NUMBER 1-26542, DATED APRIL 5, 1951, YOU RECEIVED AN APPOINTMENT WITH THE DEPARTMENT OF STATE, AND WAS ASSIGNED TO FRANKFURT, GERMANY. THE TRAVEL AUTHORIZATION AUTHORIZED TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS UP TO THE ALLOWABLE LIMIT. APRIL 24, 1951, YOUR HOUSEHOLD EFFECTS WERE MOVED FROM YOUR RESIDENCE TO THE SECURITY STORAGE COMPANY IN WASHINGTON, D.C., FOR STORAGE. FOR THE DRAYAGE AND PACKING OF YOUR EFFECTS FOR STORAGE YOU INCURRED THE EXPENSES OF $69.19. YOUR CLAIM FOR THE DRAYAGE AND PACKING OF YOUR EFFECTS WAS DISALLOWED BECAUSE IT HAD NOT BEEN AUTHORIZED OR APPROVED BY THE ADMINISTRATIVE OFFICE.

IN YOUR LETTER OF SEPTEMBER 14, 1957, IT IS STATED THAT YOUR EFFECTS WERE MOVED FROM YOUR RESIDENCE TO THE SECURITY STORAGE COMPANY WAREHOUSE IN WASHINGTON, D.C., AND THAT THE BULK OF YOUR EFFECTS WERE STORED AND THE BALANCE WAS PREPARED FOR SHIPMENT TO GERMANY. IN OUR DECISION OF OCTOBER 2, 1956, B-128959, TO YOU, IT WAS CONCLUDED THAT THE HAULING AND PACKING OF YOUR EFFECTS WAS MERELY INCIDENTAL TO STORAGE THEREOF, AND IN THE ABSENCE OF OFFICIAL AUTHORITY FOR THE STORAGE, THE HAULING AND PACKING CHARGES WERE LIKEWISE NOT ALLOWABLE.

PRIOR TO 1953 THE STATE DEPARTMENT HAD NO SPECIFIC AUTHORITY FOR PAYMENT OF PERMANENT STORAGE CHARGES ON HOUSEHOLD EFFECTS OF EMPLOYEES TRANSFERRED TO OVERSEAS POSTS, WHERE THEY WERE UNABLE TO USE SUCH EFFECTS. SEE SECTION 911 OF THE FOREIGN SERVICE ACT OF 1946, 60 STAT. 1026. INDICATED IN YOUR LETTER OF SEPTEMBER 14, THE DEPARTMENT OF STATE IN THE SUMMER OF 1953 ADOPTED A PROGRAM OF REIMBURSING EMPLOYEES FOR STORAGE OF HOUSEHOLD EFFECTS UNDER SIMILAR CIRCUMSTANCES. HOWEVER THIS WAS PURSUANT TO STATUTORY AUTHORITY CONTAINED IN THE APPROPRIATION ACTS OF THE DEPARTMENT OF STATE FOR THE 1954 FISCAL YEAR (BEGINNING JULY 1, 1953) AND SUBSEQUENT YEARS. SEE, FOR EXAMPLE, PUBLIC LAW 195, DATED AUGUST 5, 1953, 67 STAT. 367. THIS SPECIFIC AUTHORIZATION PROVIDES "FOR THE PAYMENT OF THE COST OF TRANSPORTING TO AND FROM A PLACE OF STORAGE AND THE COST OF STORING THE FURNITURE AND HOUSEHOLD AND PERSONAL EFFECTS OF AN EMPLOYEE OF THE FOREIGN SERVICE WHO IS ASSIGNED TO A POST AT WHICH HE IS UNABLE TO USE HIS FURNITURE AND EFFECTS, UNDER SUCH REGULATIONS AS THE SECRETARY MAY PRESCRIBE," AND WAS ENACTED AS PERMANENT LEGISLATION BY PUBLIC LAW 885, DATED AUGUST 1, 1956, 70 STAT. 890.

SECTION 180 OF THE FOREIGN SERVICE TRAVEL REGULATIONS, PARAGRAPH 2, DATED AUGUST 7, 1953, PROVIDES, IN PART, AS FOLLOWS:

"2. AUTHORIZATION AND APPROVAL OF TRAVEL

"2.1 WRITTEN AUTHORIZATION OR APPROVAL

ALL TRAVEL, TRANSPORTATION, AND RELATED EXPENSES PERFORMED OR INCURRED UNDER THESE REGULATIONS SHALL BE AUTHORIZED OR APPROVED IN WRITING PRIOR TO PAYMENT OR REIMBURSEMENT FROM GOVERNMENT FUNDS.

"2.2 AUTHORITY OF DEPARTMENT OF STATE

"2.24 STORAGE OF EFFECTS

THE DEPARTMENT MAY AUTHORIZE OR APPROVE PAYMENT OR REIMBURSEMENT OF THE COST OF TRANSPORTING TO AND FROM A PLACE OF STORAGE AND THE COST OF STORING THE FURNITURE AND HOUSEHOLD AND PERSONAL EFFECTS OF AN EMPLOYEE OF THE FOREIGN SERVICE WHO IS ASSIGNED TO A POST AT WHICH HE IS UNABLE TO USE HIS FURNITURE AND EFFECTS.

IT IS EVIDENT THAT AT THE TIME YOUR HOUSEHOLD EFFECTS WERE PLACED IN STORAGE IN 1951 (BECAUSE THEY WOULD NOT BE USED OVERSEAS) THERE WAS NO AUTHORITY FOR PAYMENT OF STORAGE OR DRAYAGE AND PACKING CHARGES INCIDENTAL THERETO. WHILE PAYMENT OF CHARGES OF THIS NATURE WAS AUTHORIZED IN THE APPROPRIATION ACT FOR THE STATE DEPARTMENT COVERING THE FISCAL YEAR 1954, EFFECTIVE JULY 1, 1953, IT IS DOUBTFUL WHETHER SUCH AUTHORITY WAS INTENDED TO COVER DRAYAGE AND PACKING OF HOUSEHOLD EFFECTS PLACED IN STORAGE PRIOR TO THE EFFECTIVE DATE OF THAT ACT. IN ANY EVENT NEITHER DRAYAGE, PACKING NOR STORAGE OF THE EFFECTS HAS EVER BEEN APPROVED BY THE DEPARTMENT OF STATE AS REQUIRED BY THEIR REGULATIONS. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM MUST AGAIN BE SUSTAINED.

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