B-157640, OCT. 26, 1965

B-157640: Oct 26, 1965

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YOU ALSO ARE NOW CLAIMING REIMBURSEMENT FOR 60 DAYS TEMPORARY STORAGE OF THE GOODS AND EFFECTS WHICH THE RECORD SHOWS YOU HAD STORED IN THE WAREHOUSE OF DALEY AND WANZER. UNTIL THEY WERE LOADED ON AUGUST 21. YOU ARE ENTITLED TO PAYMENT FOR THE STORAGE AND TRANSPORTATION OF YOUR EFFECTS WITHIN APPLICABLE LIMITS. THE LAW AND REGULATIONS DO NOT GIVE A MANDATORY RIGHT TO REIMBURSEMENT FOR THE MAXIMUM WEIGHT AND YOUR TRAVEL ORDER IS CONTROLLING IN THAT REGARD IN THE ABSENCE OF A VALID AMENDMENT THERETO. THE RECORD CONTAINS NO EVIDENCE OF AN APPROVAL BY AN AUTHORIZING OFFICIAL FOR YOU TO HAVE SHIPPED 7. OUR ALLOWANCE FOR TEMPORARY STORAGE AND TRANSPORTATION WILL BE LIMITED TO THE SUM DUE FOR THE AUTHORIZED WEIGHT AND DISTANCE AS SET FORTH IN YOUR TRAVEL ORDER AND IN THE COMMUTED RATE TABLES PRESCRIBED IN GENERAL SERVICES ADMINISTRATION CIRCULAR NO. 263.

B-157640, OCT. 26, 1965

TO ALEXANDER YOUNG, M.D.:

THIS REFERS TO YOUR LETTERS OF AUGUST 26 AND OCTOBER 11, 1965, AND ENCLOSURES, APPEALING OUR CLAIMS DIVISION ACTION OF DECEMBER 10, 1964, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRANSPORTATION OF 7,000 POUNDS OF YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS ON AUGUST 21, 1964, FROM WEYMOUTH, MASSACHUSETTS, TO ERIE, PENNSYLVANIA. THAT ACTION CONFORMED TO THE RECORD AND THE EXPRESS PROVISIONS OF THE TRAVEL AUTHORITY AS ISSUED TO YOU ON AUGUST 9, 1962, IN ACCORDANCE WITH YOUR LETTER OF JULY 29, 1962, ACCEPTING THE OFFER OF JULY 27, 1962, FOR APPOINTMENT EFFECTIVE AUGUST 20, 1962, AS A PHYSICIAN AT THE VETERANS ADMINISTRATION HOSPITAL IN ERIE.

IN YOUR LETTER, YOU ALSO ARE NOW CLAIMING REIMBURSEMENT FOR 60 DAYS TEMPORARY STORAGE OF THE GOODS AND EFFECTS WHICH THE RECORD SHOWS YOU HAD STORED IN THE WAREHOUSE OF DALEY AND WANZER, AT HULL, MASSACHUSETTS, ON AUGUST 31, 1963, AND UNTIL THEY WERE LOADED ON AUGUST 21, 1964, UNDER BILL OF LADING NO. 989 AND WEIGHED THAT DAY IN BOSTON, MASSACHUSETTS, FOR TRANSPORTATION TO ERIE.

THE RECORD NOW SHOWS YOU ENTERED ON DUTY AUGUST 22, 1962, AND YOUR APPOINTMENT (STANDARD FORM 50) AT THE HOSPITAL BECAME EFFECTIVE ON THAT DATE. WE DO NOT BELIEVE THE TRAVEL ORDER IN YOUR CASE INTENDED TO FURTHER RESTRICT THE TWO-YEAR TIME LIMIT AUTHORIZED BY SECTION 1.6 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56. SEE APPENDIX E, VETERANS ADMINISTRATION MANUAL MP-1, PART II. UNDER THAT SECTION THE PERIOD DID NOT EXPIRE UNTIL AUGUST 22, 1964. THE TRANSPORTATION OF YOUR EFFECTS BEGAN PRIOR TO THAT DATE. THUS, YOU ARE ENTITLED TO PAYMENT FOR THE STORAGE AND TRANSPORTATION OF YOUR EFFECTS WITHIN APPLICABLE LIMITS. THE LAW AND REGULATIONS DO NOT GIVE A MANDATORY RIGHT TO REIMBURSEMENT FOR THE MAXIMUM WEIGHT AND YOUR TRAVEL ORDER IS CONTROLLING IN THAT REGARD IN THE ABSENCE OF A VALID AMENDMENT THERETO. YOUR TRAVEL ORDER DATED AUGUST 9, 1962, AUTHORIZED YOU TO SHIP NOT MORE THAN 2,500 POUNDS AND ONLY FROM WEYMOUTH TO ERIE. THE RECORD CONTAINS NO EVIDENCE OF AN APPROVAL BY AN AUTHORIZING OFFICIAL FOR YOU TO HAVE SHIPPED 7,000 POUNDS, AS YOU CLAIM, FOR THE GREATER DISTANCE FROM HULL TO ERIE.

THEREFORE, OUR ALLOWANCE FOR TEMPORARY STORAGE AND TRANSPORTATION WILL BE LIMITED TO THE SUM DUE FOR THE AUTHORIZED WEIGHT AND DISTANCE AS SET FORTH IN YOUR TRAVEL ORDER AND IN THE COMMUTED RATE TABLES PRESCRIBED IN GENERAL SERVICES ADMINISTRATION CIRCULAR NO. 263, REVISION NO. 4 (SEE APPENDIX F. VETERANS ADMINISTRATION MANUAL MP-1, PART II) IN EFFECT ON AUGUST 21, 1964. A SETTLEMENT FOR THE SUM DUE WILL BE ISSUED IN YOUR FAVOR IN DUE COURSE.