B-147553, NOV. 27, 1961

B-147553: Nov 27, 1961

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YOU SAY THAT WHEN YOU WERE TRANSFERRED TO THE FRANKFORD ARSENAL YOU RENTED A HOUSE IN WARMINSTER AS TEMPORARY QUARTERS AND HAD YOUR HOUSEHOLD EFFECTS SHIPPED THERE AND THAT IN AUGUST YOU MOVED TO A HOUSE IN PHILADELPHIA. PROVIDE IN PERTINENT PART: "/E) WHEN THE COMMUTED RATE SYSTEM IS USED FOR TEMPORARY STORAGE. ALTHOUGH WE HAVE HELD THAT A RECEIPTED WAREHOUSE BILL IS NOT IN ALL CASES NECESSARY TO ENTITLE AN EMPLOYEE TO REIMBURSEMENT FOR TEMPORARY STORAGE. IT IS NECESSARY THAT A RECEIPT EVIDENCING PAYMENT FOR TEMPORARY STORAGE BE PRODUCED. YOU SAY THAT YOU CAN FURNISH RECEIPTS FOR THE RENT YOU PAID DURING THE PERIOD YOU RESIDED IN TEMPORARY QUARTERS AT WARMINSTER AND THAT A REASONABLE PORTION OF SUCH RENT COULD BE CONSIDERED TO HAVE BEEN PAID FOR THE STORAGE OF YOUR HOUSEHOLD EFFECTS.

B-147553, NOV. 27, 1961

TO MR. JACK RADELL:

ON OCTOBER 30, 1961, YOU REQUESTED REVIEW OF OUR SETTLEMENT OF OCTOBER 24, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF MOVING YOUR HOUSEHOLD EFFECTS FROM 1002 VICTORIA ROAD, WARMINSTER, PENNSYLVANIA, TO 1110 GREGG STREET, PHILADELPHIA, PENNSYLVANIA, ON AUGUST 22, 1961, IN LIEU OF PAYMENT OF THE COST OF TEMPORARY STORAGE OF SUCH EFFECTS INCIDENT TO YOUR TRANSFER AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY FROM WRIGHT- PATTERSON AIR FORCE BASE, DAYTON, OHIO, TO FRANKFORD ARSENAL, PHILADELPHIA, IN JUNE 1961.

YOU SAY THAT WHEN YOU WERE TRANSFERRED TO THE FRANKFORD ARSENAL YOU RENTED A HOUSE IN WARMINSTER AS TEMPORARY QUARTERS AND HAD YOUR HOUSEHOLD EFFECTS SHIPPED THERE AND THAT IN AUGUST YOU MOVED TO A HOUSE IN PHILADELPHIA, YOUR PERMANENT RESIDENCE.

SECTIONS 13 (E) AND (F) OF EXECUTIVE ORDER 9805, AS AMENDED BY BUREAU OF THE BUDGET CIRCULAR A-37, FEBRUARY 20, 1960, PROVIDE IN PERTINENT PART:

"/E) WHEN THE COMMUTED RATE SYSTEM IS USED FOR TEMPORARY STORAGE, THE AMOUNT TO BE PAID TO THE EMPLOYEE SHALL BE DETERMINED IN ACCORDANCE WITH THE TABLE OF STORAGE ALLOWANCES IN SCHEDULE A: PROVIDED, THAT THE AMOUNT OF REIMBURSEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE STORAGE.

"/F) IN SUPPORT OF CLAIMS FOR REIMBURSEMENT UNDER THE COMMUTED RATE SYSTEM EMPLOYEES SHALL SUBMIT (1) THE ORIGINAL OR A CERTIFIED COPY OF THE RECEIPTED WAREHOUSE BILL FOR TEMPORARY STORAGE * * *.'

ALTHOUGH WE HAVE HELD THAT A RECEIPTED WAREHOUSE BILL IS NOT IN ALL CASES NECESSARY TO ENTITLE AN EMPLOYEE TO REIMBURSEMENT FOR TEMPORARY STORAGE, IT IS NECESSARY THAT A RECEIPT EVIDENCING PAYMENT FOR TEMPORARY STORAGE BE PRODUCED. YOU SAY THAT YOU CAN FURNISH RECEIPTS FOR THE RENT YOU PAID DURING THE PERIOD YOU RESIDED IN TEMPORARY QUARTERS AT WARMINSTER AND THAT A REASONABLE PORTION OF SUCH RENT COULD BE CONSIDERED TO HAVE BEEN PAID FOR THE STORAGE OF YOUR HOUSEHOLD EFFECTS. SINCE YOUR PAYMENTS WERE MADE FOR THE RENT OF LIVING QUARTERS AND NOT FOR STORAGE OF HOUSEHOLD EFFECTS, THERE IS NO AUTHORITY TO ALLOW YOU REIMBURSEMENT OF ANY PART THEREOF UNDER THE QUOTED PROVISIONS OF EXECUTIVE ORDER NO. 9805. MOREOVER, WE ARE NOT AWARE OF ANY OTHER LAW OR REGULATION AUTHORIZING PAYMENT OF SUCH EXPENSE.

THEREFORE, OUR SETTLEMENT OF OCTOBER 24, 1951, MUST BE AND IS SUSTAINED.