B-144398, NOV. 23, 1960

B-144398: Nov 23, 1960

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CONCERNING THE DISALLOWANCE BY OUR OFFICE OF YOUR CLAIM FOR STORAGE OF HOUSEHOLD EFFECTS WAS REFERRED TO OUR OFFICE BY THAT AGENCY ON OCTOBER 21. IN THAT CONNECTION YOU SAY: "THE GOODS WERE PACKED BY BEKINS VAN AND STORAGE AND DELIVERED TO THE DOCK FOR SHIPMENT TO BEIRUT. PERSONAL TRAVEL WAS UNDER TRAVEL ORDER NO. 2551. BECAUSE OF AN EMBARGO PLACED ON SHIPMENT OF EFFECTS TO LEBANON DUE TO THE CIVIL DISTURBANCE IN THAT COUNTRY THE STATE DEPARTMENT DISPATCH AGENT CANCELLED THE VESSEL SPACE AND THE EFFECTS WERE RETURNED TO BEKINS FOR STORAGE. "THE APPLICANT WAS WILLING AND ANXIOUS TO HAVE THE SHIPMENT MADE AS SOON AS POSSIBLE. THE DECISION TO DELAY THE SHIPMENT AND TO RETURN THE EFFECTS TO STORAGE WAS MADE BY THE STATE DEPARTMENT.

B-144398, NOV. 23, 1960

TO MR. JOHN A. ROBERTSON, FS-406:

YOUR LETTER OF OCTOBER 14, 1960, TO THE CHIEF, CENTRAL OFFICE ACCOUNTING BRANCH OF THE AVIATION AGENCY, CONCERNING THE DISALLOWANCE BY OUR OFFICE OF YOUR CLAIM FOR STORAGE OF HOUSEHOLD EFFECTS WAS REFERRED TO OUR OFFICE BY THAT AGENCY ON OCTOBER 21, 1960, FOR OUR CONSIDERATION.

YOU REQUEST RECONSIDERATION OF OUR OFFICE SETTLEMENT DATED JUNE 9, 1959, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXCESS STORAGE CHARGES INCURRED WHEN, INCIDENT TO SHIPMENT FROM SAN FRANCISCO, CALIFORNIA, TO BEIRUT, LEBANON, YOUR HOUSEHOLD EFFECTS REMAINED IN STORAGE BEYOND THE 60- DAY STATUTORY LIMIT. PROTESTING THE CHARGES AS UNFAIR YOU CONTEND THAT NEITHER YOU NOR THE AGENCY PARTICIPATED IN THE DECISION TO DELAY THE SHIPMENT. SPECIFICALLY, IN THAT CONNECTION YOU SAY:

"THE GOODS WERE PACKED BY BEKINS VAN AND STORAGE AND DELIVERED TO THE DOCK FOR SHIPMENT TO BEIRUT, LEBANON, UNDER AUTHORITY OF PURCHASE ORDER NO. 8-7635-1, PERSONAL TRAVEL WAS UNDER TRAVEL ORDER NO. 2551, DATED MAY 15, 1960. BECAUSE OF AN EMBARGO PLACED ON SHIPMENT OF EFFECTS TO LEBANON DUE TO THE CIVIL DISTURBANCE IN THAT COUNTRY THE STATE DEPARTMENT DISPATCH AGENT CANCELLED THE VESSEL SPACE AND THE EFFECTS WERE RETURNED TO BEKINS FOR STORAGE.

"THE APPLICANT WAS WILLING AND ANXIOUS TO HAVE THE SHIPMENT MADE AS SOON AS POSSIBLE; THE DECISION TO DELAY THE SHIPMENT AND TO RETURN THE EFFECTS TO STORAGE WAS MADE BY THE STATE DEPARTMENT. AS THE CIRCUMSTANCES NECESSITATING THE RETURN OF THE SHIPMENT TO STORAGE WERE BEYOND THE CONTROL OF THE UNDERSIGNED AND AS NEITHER HE NOR HIS AGENCY PARTICIPATED IN THE DECISION NOT TO SHIP THE EFFECTS, IT IS REQUESTED THIS CLAIM BE APPROVED.'

THE PROVISIONS OF EXECUTIVE ORDER NO. 9805, PROMULGATED PURSUANT TO THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, ARE CONTROLLING IN YOUR CASE. SECTION 20 OF THAT ORDER PROVIDES, SO FAR AS HERE PERTINENT, THAT THERE SHALL BE ALLOWED "THE ACTUAL EXPENSES OF TEMPORARY STORAGE * * * FOR NOT TO EXCEED 60 DAYS.' THAT REGULATION ALLOWS NO DISCRETION OR LEE-WAY FOR ANY EXCESS DAYS' STORAGE REQUIRED BECAUSE OF UNUSUAL CIRCUMSTANCES.

AS WE ADVISED YOU IN THE SETTLEMENT, NOTWITHSTANDING THE REASONS FOR INCURRING STORAGE CHARGES IN EXCESS OF THE 60-DAY STATUTORY LIMIT, REIMBURSEMENT THEREFOR IS NOT AUTHORIZED. THEREFORE, OUR SETTLEMENT OF JUNE 9, 1959, MUST BE AND IS SUSTAINED.