B-136407, AUG 14, 1958

B-136407, AUG 14, 1958

PRECIS-UNAVAILABLE

PIERO O. FUSTACCHI:

YOUR LETTER OF MAY 19, 1958, REQUESTS RECONSIDERATION OF THAT PART OF OUR SETTLEMENT OF JANUARY 21, 1958, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COSTS OF STORAGE OF YOUR HOUSEHOLD GOODS AND EFFECTS FROM JULY 20, 1956, TO AUGUST 20, 1957, INCIDENT TO YOUR ORDERS AS AN OFFICER (SURGEON (R) PHS 10773) OF THE PUBLIC HEALTH SERVICE, NATIONAL INSTITUTE OF HEALTH, NATIONAL CANCER INSTITUTE, IN THE CIRCUMSTANCES OUTLINED BELOW. THE QUESTION INVOLVES SECTION 303(C) OF THE CAREER COMPENSATION ACT AND THE JOINT TRAVEL REGULATIONS GOVERNING TRANSPORTATION OF HOUSEHOLD EFFECTS OF UNIFORMED PERSONNEL OF THE PUBLIC HEALTH SERVICE.

BY PERSONNEL ORDER NO. 106, DATED JUNE 25, 1956, EFFECTIVE JULY 30, 1956, YOU WERE TRANSFERRED FROM BETHESIA, MARYLAND TO CAIRO, EGYPT, WITH CERTAIN TEMPORARY DUTY EN ROUTE.

BY PERSONNEL ORDER NO. 192, DATED NOVEMBER 9, 1956, EFFECTIVE OCTOBER 31, 1956, YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT OCTOBER 31, 1956, YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT CAIRO, AND WERE REASSIGNED TO THE NATIONAL CANCER INSTITUTE AT BETHESDA, WITH AUTHORITY TO "TRAVEL VIA GOLD COAST, IF DESIRABLE FOR DEVELOPING STUDY." HOWEVER, BY PERSONNEL ORDER NO. 79, DATED APRIL 17, 1957, YOU WERE RELIEVED FROM DUTY AT BETHESDA, EFFECTIVE APRIL 4, 1957, AND AUTHORIZED TO TRAVEL TO SAN FRANCISCO, CALIFORNIA, FOR PURPOSE OF TERMINATION OF YOUR ACTIVE SERVICE EFFECTIVE APRIL 14, 1957. BY VIRTUE OF THE LATTER ORDER ALSO YOU WERE TO BE APPOINTED SURGEON (INACTIVE) IN THE RESERVE CORPS EFFECTIVE APRIL 19, 1957.

INCIDENT TO THE ABOVE ORDERS YOUR HOUSEHOLD EFFECTS WERE MOVED FROM BETHESDA, PACKED AND STORED BY SMITH'S TRANSFER AND STORAGE CO., WASHINGTON, D. C., DURING THE PERIOD IN QUESTION. THE SETTLEMENT OF JANUARY 21, 1958, ALLOWED YOU $239 REPRESENTING THE CHARGES FOR DRAYAGE AND PACKING OF YOUR EFFECTS. YOUR CLAIM FOR ACTUAL STORAGE AND FOR WAREHOUSE HANDLING CHARGES INTO AND OUT OF STORAGE WAS DISALLOWED BECAUSE PARAGRAPHS 8006-1A AND B OF THE JOINT TRAVEL REGULATIONS IN EFFECT AT THE TIME YOUR PERMANENT DUTY STATION WAS CHANGED FROM BETHESDA TO CAIRO AUTHORIZED TEMPORARY STORAGE ONLY WHEN INCIDENT TO ACTUAL SHIPMENT, AND NOT TO EXCEED SIX MONTHS AT GOVERNMENT EXPENSE, DURING ANY ONE OR COMBINATION OF THE FOLLOWING PERIODS:

"1. AFTER PICKUP OF PROPERTY AT QUARTERS AND BEFORE DISPATCH OF SHIPMENT FROM CARRIER'S STATION AT POINT OF ORIGIN;

"2. WHILE SHIPMENT IS IN TRANSIT OR EN ROUTE, AND STORAGE IS NOT FURNISHED FREE OF CHARGE BY THE CARRIER CONCERNED;

"3. AFTER ARRIVAL OF SHIPMENT AT CARRIER'S DESTINATION AND BEFORE DELIVERY OF SHIPMENT INTO QUARTERS."

PARAGRAPH 8006-1 AS CHANGED DECEMBER 1, 1956 (CH. 53) REDUCED THE AUTHORIZED STORAGE PERIOD TO 90 DAYS IN CONNECTION WITH ANY AUTHORIZED SHIPMENT.

IN OUR DECISION OF MARCH 27, 1953, B-113278, 32 COMP. GEN. 410, 413, WE HELD THAT PARAGRAPH 8006-1 MUST BE INTERPRETED AS AUTHORIZING TEMPORARY STORAGE OF HOUSEHOLD EFFECTS AT PUBLIC EXPENSE ONLY WHEN NECESSARY IN CONJUNCTION WITH ONE OR MORE OF THE SEVERAL STAGES OF TRANSPORTATION ACT OUT IN THE SAID REGULATIONS, SUCH NECESSITY TO BE CERTIFIED TO BY PROPERLY DESIGNATED AUTHORITY HAVING KNOWLEDGE OF THE FACTS AND CIRCUMSTANCES BEYOND THE CONTROL OF THE OWNER OF THE EFFECTS UNDER WHICH THEY WERE STORED. ALSO, SEE 33 COMP. GEN. 470, 474, WHICH CONCERNED SITUATIONS (3RD AND 4TH QUESTIONS) SIMILAR TO YOURS. ON THE OTHER HAND, WHEN EFFECTS ARE PLACED IN STORAGE AT ORIGIN PENDING SHIPMENT INCIDENT TO PERMANENT CHANGE OF STATION ORDERS UNDER CONDITIONS PROPERLY CERTIFIED BY APPROPRIATE AUTHORITY HAVING KNOWLEDGE OF THE FACTS AS ENTITLING THE OWNER TO SUCH STORAGE, BUT SHIPMENT IS NOT MADE TO THE PREDETERMINED DESTINATION BECAUSE NOW PERMANENT CHANGE OF STATION ORDERS ARE ISSUED INCIDENT TO WHICH SHIPMENT IS MADE TO A DIFFERENT DESTINATION, THE OFFICER OWNING THE EFFECTS AS PLACED IN STORAGE MAY BE ENTITLED TO THE TEMPORARY STORAGE EFFECTED UNDER THE INITIAL ORDERS AND TO ANY NECESSARY STORAGE INCIDENT TO SHIPMENT UNDER THE NEW CHANGE OF STATION ORDERS. B-117876, AUGUST 1, 1956.

IN THAT REGARD IN FORWARDING YOUR CLAIM TO OUR OFFICE FOR SETTLEMENT, THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, OFFICE OF FINANCIAL MANAGEMENT, MERELY SAID THAT IT WAS UNABLE TO DETERMINE THE AMOUNT OF STORAGE PAYABLE BY THE GOVERNMENT. IF THERE IS FURNISHED BY THE DEPARTMENT A CERTIFICATE EXECUTED BY AN AUTHORIZED OFFICIAL HAVING KNOWLEDGE OF THE FACTS THAT THE TEMPORARY STORAGE OF YOUR HOUSEHOLD EFFECTS WAS JUSTIFIED IN WHOLE OR IN PART UNDER THE SEVERAL ORDERS, WE WILL BE GLAD TO FURTHER CONSIDER YOUR CLAIM. ON THE PRESENT RECORD WE MUST SUSTAIN THE SETTLEMENT OF JANUARY 21, 1958.