B-129599, NOV. 29, 1956

B-129599: Nov 29, 1956

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PURCELL: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 8. THE CLAIM WAS DISALLOWED FOR THE REASONS THAT (1) THE STORAGE CHARGES WERE INCURRED MORE THAN THREE MONTHS FROM THE DATE OF FIRST ARRIVAL AT ROTTERDAM AND THEREFORE NOT PAYABLE UNDER THE PROVISIONS OF SECTION 911 (5) OF THE FOREIGN SERVICE ACT OF 1946. (2) THE CLAIM WAS DISAPPROVED BY THE DEPARTMENT OF STATE UNDER ITS REGULATIONS PERTAINING TO STORAGE OF EFFECTS OF FOREIGN SERVICE PERSONNEL. TO THE EFFECT THAT YOU WERE PAID A TEMPORARY LODGING ALLOWANCE IN ADDITION TO THE $8 PER DIEM YOU RECEIVED DURING THE PERIOD OCTOBER 23 TO DECEMBER 31. THAT PAYMENT OF STORAGE CHARGES ARE "PERMISSIVE" WITH THE DEPARTMENT OF STATE. WHICH WAS ISSUED APRIL 21.

B-129599, NOV. 29, 1956

TO MR. ARTHUR W. PURCELL:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 8, 1956, IN EFFECT REQUESTING A REVIEW OF OUR SETTLEMENT OF AUGUST 29, 1956, WHICH DISALLOWED YOUR CLAIM FOR AN AMOUNT OF $77.84, REPRESENTING STORAGE CHARGES INCURRED INCIDENT TO A CHANGE OF OFFICIAL STATION FROM ISMIR, TURKEY, TO ROTTERDAM, NETHERLANDS, AS A FOREIGN SERVICE OFFICER.

THE CLAIM WAS DISALLOWED FOR THE REASONS THAT (1) THE STORAGE CHARGES WERE INCURRED MORE THAN THREE MONTHS FROM THE DATE OF FIRST ARRIVAL AT ROTTERDAM AND THEREFORE NOT PAYABLE UNDER THE PROVISIONS OF SECTION 911 (5) OF THE FOREIGN SERVICE ACT OF 1946, 60 STAT. 999, (2) THE CLAIM WAS DISAPPROVED BY THE DEPARTMENT OF STATE UNDER ITS REGULATIONS PERTAINING TO STORAGE OF EFFECTS OF FOREIGN SERVICE PERSONNEL, AND (3) THERE EXISTS NO OTHER AUTHORITY BY WHICH WE MAY GIVE THE CLAIM FAVORABLE CONSIDERATION.

YOU CALL OUR ATTENTION TO ERRONEOUS STATEMENTS OF FACT APPEARING IN THE SETTLEMENT OF AUGUST 29, 1956, TO THE EFFECT THAT YOU WERE PAID A TEMPORARY LODGING ALLOWANCE IN ADDITION TO THE $8 PER DIEM YOU RECEIVED DURING THE PERIOD OCTOBER 23 TO DECEMBER 31, 1954, WHILE ON TEMPORARY DUTY IN AMSTERDAM, AND THAT PAYMENT OF STORAGE CHARGES ARE "PERMISSIVE" WITH THE DEPARTMENT OF STATE. WE CONCUR IN YOUR VIEW RELATIVE TO THE MISSTATEMENTS. HOWEVER, THEY DO NOT FORM THE BASIS FOR A CONCLUSION OTHER THAN THAT PREVIOUSLY REACHED BY OUR OFFICE IN THE MATTER.

SECTION 911 OF THE ABOVE FOREIGN SERVICE ACT OF 1946 (22 U.S.C. 1136), CONTAINING THE AUTHORITY FOR PAYMENT OF STORAGE COSTS OF FOREIGN SERVICE PERSONNEL FROM APPROPRIATED FUNDS, READS IN PERTINENT PART AS FOLLOWS:

"THE SECRETARY MAY, UNDER SUCH REGULATIONS AS HE SHALL PRESCRIBE, PAY---

(5) THE COST OF STORING THE FURNITURE AND HOUSEHOLD AND PERSONAL EFFECTS OF AN OFFICER OR EMPLOYEE OF THE SERVICE ON FIRST ARRIVAL AT A POST FOR A PERIOD NOT IN EXCESS OF THREE MONTHS AFTER SUCH FIRST ARRIVAL AT SUCH POST OR UNTIL THE ESTABLISHMENT OF RESIDENCE QUARTERS, WHICHEVER SHALL BE SHORTER * * *.'

FOREIGN SERVICE TRAVEL REGULATION 180 FSTR 6.1, WHICH WAS ISSUED APRIL 21, 1954, PURSUANT TO THE ABOVE ACT, AND IS APPLICABLE TO YOUR CLAIM, AUTHORIZES PAYMENT OF SUCH STORAGE COSTS AT ANY PLACE "FROM THE DATE OF FIRST ARRIVAL OF THE EMPLOYEE AT HIS POST FOR A PERIOD NOT IN EXCESS OF 3 MONTHS AFTER SUCH FIRST ARRIVAL OR UNTIL THE ESTABLISHMENT OF RESIDENCE QUARTERS, WHICHEVER SHALL BE SHORTER * * * PROVIDED THAT NO STORAGE CHARGES SHALL BE PAID CONCURRENTLY WITH QUARTERS ALLOWANCE, EXCEPT WHEN EMERGENCY STORAGE OF EFFECTS IS SPECIFICALLY AUTHORIZED.'

THE RECORD SHOWS THAT YOU WERE ADMINISTRATIVELY DETERMINED TO BE ENTITLED TO QUARTERS ALLOWANCE FOLLOWING YOUR RETURN TO ROTTERDAM ON DECEMBER 31, 1954, AND WE FIND IN THE RECORD NO SPECIFIC AUTHORIZATION FOR THE CONCURRENT PAYMENT OF STORAGE CHARGES.

IN VIEW OF THE ABOVE, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.