B-126892, DEC. 13, 1956

B-126892: Dec 13, 1956

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CADEAUX: REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 11. THE CLAIM WAS DISALLOWED BECAUSE PRIVATELY OWNED AUTOMOBILES ARE NOT WITHIN THE PURVIEW OF THE STORAGE PROVISIONS OF SECTION 911 OF THE FOREIGN SERVICE ACT OF 1946. IS A COPY OF A LETTER OF APRIL 10. YOU REFER PARTICULARLY TO THE FINAL PARAGRAPH OF THE LETTER WHICH IS AS FOLLOWS: "THE DESPATCH AGENCY CANNOT TAKE UP IN ITS ACCOUNTS STORAGE CHARGES COVERING AUTOMOBILES IN TRANSIT. WE WOULD SUGGEST THAT YOU AGAIN SEEK REIMBURSEMENT FOR THE PERIOD THE CAR WAS HELD AT NEW YORK PENDING AVAILABILITY OF STEAMER SPACE. MAY BE AGREEABLE TO REFUNDING TO YOU A PORTION OF THE STORAGE PAID FOR PERIOD THE CAR WAS HELD IN WASHINGTON IF YOU CALL ATTENTION TO THE FACT THAT OUR INSTRUCTIONS FOR DELIVERY TO NEW YORK WERE ISSUED ON APRIL 15 AND NOT ON THE 24TH AS THEY HAVE INFORMED YOU.'.

B-126892, DEC. 13, 1956

TO MR. RALPH H. CADEAUX:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 11, 1956, AND LETTER OF OCTOBER 29, 1956, WITH ENCLOSURE, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF MARCH 8, 1956, WHICH DISALLOWED YOUR CLAIM FOR AN AMOUNT OF $33, REPRESENTING REIMBURSEMENT OF COSTS INCURRED FOR STORAGE OF YOUR PRIVATELY OWNED AUTOMOBILE, INCIDENT TO YOUR EMPLOYMENT WITH THE DEPARTMENT OF STATE.

THE CLAIM WAS DISALLOWED BECAUSE PRIVATELY OWNED AUTOMOBILES ARE NOT WITHIN THE PURVIEW OF THE STORAGE PROVISIONS OF SECTION 911 OF THE FOREIGN SERVICE ACT OF 1946, 22 U.S.C. 1136, WHICH AUTHORIZES THE SECRETARY OF STATE TO PAY THE COST OF STORING THE FURNITURE AND HOUSEHOLD AND PERSONAL EFFECTS OF EMPLOYEES OF THE FOREIGN SERVICE, AND PAYMENT CANNOT BE MADE FOR THE STORAGE OF SUCH AUTOMOBILES FROM APPROPRIATED FUNDS IN THE ABSENCE OF AN EXPRESS STATUTORY PROVISION THEREFOR.

THE ENCLOSURE WITH YOUR LETTER OF OCTOBER 29, 1956, IS A COPY OF A LETTER OF APRIL 10, 1956, TO YOU FROM MR. HOWARD FYFE, U.S. DESPATCH AGENT, DESPATCH AGENCY OF THE UNITED STATES, DEPARTMENT OF STATE, 45 BROADWAY, NEW YORK 6, NEW YORK. YOU REFER PARTICULARLY TO THE FINAL PARAGRAPH OF THE LETTER WHICH IS AS FOLLOWS:

"THE DESPATCH AGENCY CANNOT TAKE UP IN ITS ACCOUNTS STORAGE CHARGES COVERING AUTOMOBILES IN TRANSIT. WE WOULD SUGGEST THAT YOU AGAIN SEEK REIMBURSEMENT FOR THE PERIOD THE CAR WAS HELD AT NEW YORK PENDING AVAILABILITY OF STEAMER SPACE. SECURITY STORAGE COMPANY, ON THE OTHER HAND, MAY BE AGREEABLE TO REFUNDING TO YOU A PORTION OF THE STORAGE PAID FOR PERIOD THE CAR WAS HELD IN WASHINGTON IF YOU CALL ATTENTION TO THE FACT THAT OUR INSTRUCTIONS FOR DELIVERY TO NEW YORK WERE ISSUED ON APRIL 15 AND NOT ON THE 24TH AS THEY HAVE INFORMED YOU.'

YOU SAY THAT ON THE BASIS OF MR. FYFE'S SUGGESTION, YOU MANAGED TO OBTAIN FROM THE SECURITY STORAGE COMPANY OF WASHINGTON, D.C., A CHECK FOR $15, REPRESENTING PARTIAL REFUND OF THE STORAGE CHARGES WHICH WERE PAID BY YOU.

WE FIND NOTHING IN MR. FYFE'S LETTER OF APRIL 10, WHICH COULD FORM THE BASIS OF A CONCLUSION OTHER THAN THAT PREVIOUSLY REACHED BY OUR OFFICE IN THIS CASE, INASMUCH AS PAYMENT FOR STORAGE OF PRIVATELY OWNED AUTOMOBILES IS NOT AUTHORIZED UNDER EXISTING LAW. SEE THE ENCLOSED COPY OF OUR DECISION OF JUNE 13, 1955, B-121520, TO THE SECRETARY OF STATE.

ACCORDINGLY, OUR SETTLEMENT OF MARCH 8, 1956, DISALLOWING YOUR CLAIM IS SUSTAINED.