B-126407, JAN. 10, 1956

B-126407: Jan 10, 1956

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IN WHICH YOU REQUEST AN ADVANCE DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON THE ACCOMPANYING VOUCHER COVERING THE CLAIM OF FRED B. THE ADMINISTRATIVE RECORD SUBMITTED WITH YOUR LETTER SHOWS THAT A PERMANENT TRANSFER OF STATION WAS AUTHORIZED BY ORDER DATED AUGUST 15. SHIPMENT OF HOUSEHOLD GOODS WAS AUTHORIZED THEREIN. HE SAYS THAT THE REASON FOR THEIR STORAGE WAS THE ABSENCE OF SUITABLE HOUSING AT MURFREESBORO AT THAT TIME. THAT SATISFACTORY HOUSING WAS AVAILABLE AT THE NEW DUTY STATION ON SEPTEMBER 3. THAT THE PRIMARY REASON FOR THEIR STORAGE WAS TO FACILITATE THE REDECORATION OF HIS HOME IN PINE BLUFF FOR POSSIBLE RESALE. IT IS FURTHER INDICATED THAT WHEN THE EFFECTS WERE REMOVED FROM STORAGE ON SEPTEMBER 3.

B-126407, JAN. 10, 1956

TO LIEUTENANT COLONEL T. G. HARTON, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

THE CHIEF OF ENGINEERS BY SECOND ENDORSEMENT DATED DECEMBER 16, 1955, ENGCR 201 CIV., HAS REFERRED TO OUR OFFICE YOUR LETTER OF DECEMBER 6, 1955 (REFERENCE LMKCB), IN WHICH YOU REQUEST AN ADVANCE DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON THE ACCOMPANYING VOUCHER COVERING THE CLAIM OF FRED B. GILLILAND FOR STORAGE OF HOUSEHOLD GOODS PRIOR TO PERMANENT CHANGE OF STATION FROM PINE BLUFF, ARKANSAS, TO MURFREESBORO, ARKANSAS.

THE ADMINISTRATIVE RECORD SUBMITTED WITH YOUR LETTER SHOWS THAT A PERMANENT TRANSFER OF STATION WAS AUTHORIZED BY ORDER DATED AUGUST 15, 1955, TRAVEL TO BEGIN ON OR ABOUT SEPTEMBER 1, 1955. SHIPMENT OF HOUSEHOLD GOODS WAS AUTHORIZED THEREIN. THE EMPLOYEE PLACED SOME OF HIS HOUSEHOLD GOODS IN STORAGE ON AUGUST 16, 1955. HE SAYS THAT THE REASON FOR THEIR STORAGE WAS THE ABSENCE OF SUITABLE HOUSING AT MURFREESBORO AT THAT TIME. IT SEEMS, HOWEVER, THAT SATISFACTORY HOUSING WAS AVAILABLE AT THE NEW DUTY STATION ON SEPTEMBER 3, 1955, THE DATE OF SHIPMENT OF THE EFFECTS, AND THAT THE PRIMARY REASON FOR THEIR STORAGE WAS TO FACILITATE THE REDECORATION OF HIS HOME IN PINE BLUFF FOR POSSIBLE RESALE. IT IS FURTHER INDICATED THAT WHEN THE EFFECTS WERE REMOVED FROM STORAGE ON SEPTEMBER 3, THEY WERE RETURNED TO POINT OF ORIGIN BY VAN AND TRANSPORTED, WITHOUT UNLOADING, WITH THE REMAINDER OF THE EMPLOYEE'S HOUSEHOLD GOODS TO MURFREESBORO.

SECTION 12 (B) OF EXECUTIVE ORDER NO. 9805, AS ADDED BY EXECUTIVE ORDER NO. 9933, DATED FEBRUARY 28, 1948, AUTHORIZES PAYMENT OF TEMPORARY STORAGE OF HOUSEHOLD GOODS FOR NOT TO EXCEED 60 DAYS. WE VIEW THE REGULATION AS CONTEMPLATING PAYMENT OF STORAGE CHARGES ONLY WHERE INCURRED AS A NECESSARY INCIDENT TO THE CHANGE OF STATION ORDERS. IN THE INSTANT CASE, WHILE THE STORAGE OF THE GOODS APPARENTLY WAS INDIRECTLY ATTRIBUTABLE TO THE TRANSFER OF HEADQUARTERS, THE EVIDENCE DOES NOT SATISFACTORILY ESTABLISH THE NECESSITY FOR THEIR STORAGE. UPON THE EXISTING RECORD THE STORAGE CHARGES CLAIMED ON THE VOUCHER, WHICH, WITH SUPPORTING PAPERS WILL BE RETAINED HERE, ARE NOT FOR ALLOWANCE.