B-120072, JUN 29, 1954

B-120072: Jun 29, 1954

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

D.D.S.: REFERENCE IS MADE TO YOUR LETTER OF APRIL 5. IT APPEARS THAT SUCH COSTS WERE INCURRED SHORTLY AFTER YOU WERE ASSIGNED TO DUTY OVERSEAS. THAT YOUR HOME AT THAT TIME WAS FRESNO. WERE PACKED AND PLACED IN COMMERCIAL STORAGE IN FRESNO. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE RECORD INDICATED THAT THE ITEMS PUT INTO STORAGE CONSISTED OF PRIVATELY OWNED DENTAL EQUIPMENT. YOU NOW CONTEND THAT ONLY PART OF THE EFFECTS INVOLVED WAS PRIVATELY OWNED DENTAL EQUIPMENT. THE TERM PROFESSIONAL EQUIPMENT IS RESTRICTED TO THAT CERTIFIED BY THE MEMBER AS NECESSARY IN THE PERFORMANCE OF HIS OFFICIAL DUTIES (AND DOES NOT INCLUDE OFFICE EQUIPMENT). THERE IS NO LEGAL BASIS FOR REIMBURSEMENT OF ANY EXPENSES INCURRED IN CONNECTION WITH YOUR PRIVATELY OWNED OFFICE EQUIPMENT.

B-120072, JUN 29, 1954

PRECIS-UNAVAILABLE

MELVIN E. TAVES, D.D.S.:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 5, 1954, REQUESTING REVIEW OF SETTLEMENT OF NOVEMBER 16, 1953, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF MOVING AND STORING HOUSEHOLD AND OTHER EFFECTS IN FRESNO, CALIFORNIA, INCIDENT TO YOUR SERVICE AS FIRST LIEUTENANT IN THE ARMY.

IT APPEARS THAT SUCH COSTS WERE INCURRED SHORTLY AFTER YOU WERE ASSIGNED TO DUTY OVERSEAS; THAT YOUR HOME AT THAT TIME WAS FRESNO, CALIFORNIA; THAT YOUR EFFECTS, INCLUDING YOUR PRIVATELY OWNED DENTAL EQUIPMENT, WERE PACKED AND PLACED IN COMMERCIAL STORAGE IN FRESNO, CALIFORNIA, ON OR ABOUT JULY 26, 1951; AND THAT YOU PAID A TOTAL OF $234.81 FOR THE COST OF CARTAGE TO WAREHOUSE, PACKING MATERIAL AND LABOR, STORAGE CHARGE FOR SIX MONTHS FROM JULY 26, 1951, TO JANUARY 26, 1952, WAREHOUSE HANDLING IN AND OUT CHARGES, AND FOR WRAPPING AND TREATING EFFECTS. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE RECORD INDICATED THAT THE ITEMS PUT INTO STORAGE CONSISTED OF PRIVATELY OWNED DENTAL EQUIPMENT. YOU NOW CONTEND THAT ONLY PART OF THE EFFECTS INVOLVED WAS PRIVATELY OWNED DENTAL EQUIPMENT, AND THAT THE GOVERNMENT SHOULD PAY FOR THE COST OF STORING AND TRANSPORTING YOUR HOUSEHOLD EFFECTS.

AS POINTED OUT IN THE SETTLEMENT, UNDER THE PROVISIONS OF PARAGRAPH 8002 OF THE JOINT TRAVEL REGULATIONS, DEFINING WHAT MAY BE CONSIDERED AS PROFESSIONAL EQUIPMENT THAT MAY BE MOVED AND STORED IN CERTAIN CASES AT GOVERNMENT EXPENSE, AS WELL AS UNDER THE PROVISIONS OF PARAGRAPH 8000-3 OF SAID REGULATIONS, THE TERM PROFESSIONAL EQUIPMENT IS RESTRICTED TO THAT CERTIFIED BY THE MEMBER AS NECESSARY IN THE PERFORMANCE OF HIS OFFICIAL DUTIES (AND DOES NOT INCLUDE OFFICE EQUIPMENT). THEREFORE, THERE IS NO LEGAL BASIS FOR REIMBURSEMENT OF ANY EXPENSES INCURRED IN CONNECTION WITH YOUR PRIVATELY OWNED OFFICE EQUIPMENT.

WITH RESPECT TO YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF STORAGE OF YOUR HOUSEHOLD EFFECTS AND OTHER COSTS INCIDENTAL THERETO, SUCH AS WRAPPING AND WAREHOUSE "IN AND OUT" HANDLING CHARGES, PARAGRAPH 8006-1, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT, WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, TEMPORARY STORAGE OF HOUSEHOLD EFFECTS NOT TO EXCEED SIX MONTHS MAY BE AUTHORIZED AT GOVERNMENT EXPENSE AFTER PICKUP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH OF SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN; WHILE SHIPMENT IS IN TRANSIT OR EN ROUTE AND STORAGE IS NOT FURNISHED FREE OF CHARGE BY CARRIER CONCERNED; OR AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION STATION AND BEFORE DELIVERY INTO QUARTERS. PARAGRAPH 8006 2 OF THE SAME REGULATIONS PROVIDES THAT, WHERE STORAGE OF EFFECTS IS DESIRED UPON ASSIGNMENT TO DUTY OUTSIDE THE UNITED STATES, HOUSEHOLD EFFECTS MAY BE PLACED IN NONTEMPORARY STORAGE IN GOVERNMENT FACILITIES WHEN SUCH ARE AVAILABLE. HOWEVER, WHEN SUCH FACILITIES ARE NOT AVAILABLE AND THE EFFECTS ARE PLACED IN COMMERCIAL STORAGE, THERE IS NO AUTHORITY FOR PAYMENT OF ANY PORTION OF THE COST INCURRED FOR COMMERCIAL STORAGE. COMP. GEN. 410; 33 ID. 306. AS TO THE CHARGES FOR PACKING AND TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS TO STORAGE, WHILE THE GOVERNMENT ASSUMES THE COST OF TRANSPORTATION OF HOUSEHOLD EFFECTS UNDER CERTAIN CONDITIONS AND SUBJECT TO CERTAIN MAXIMUM WEIGHT ALLOWANCES, THERE HAS NOT BEEN PRESENTED ANY EVIDENCE TO ESTABLISH THE COST OF PACKING AND TRANSPORTATION OR THE WEIGHT OF SUCH EFFECTS AND, HENCE, NO PAYMENT CAN BE MADE TO YOU ON THAT ACCOUNT ON THE PRESENT RECORD.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.