B-158139, DEC. 23, 1965

B-158139: Dec 23, 1965

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WILL BE ALLOWED FOR A PERIOD OF 60 DAYS OR LESS. OR AT THE SAME POST OF DUTY IF THE STORAGE IS IN LIEU OF FURNISHED QUARTERS OR A QUARTERS ALLOWANCE.'. IS LIMITED TO 60 DAYS OR LESS BECAUSE THE EXCEPTION PROVIDED THEREIN DOES NOT APPLY TO YOUR SITUATION. IT WAS UNFORTUNATE THAT IN THE ADMINISTRATIVE COMPLETION OF THE BILL OF LADING AN ERROR WAS MADE SHOWING SUCH STORAGE AS "90 DAYS" AND IT WAS ALSO UNFORTUNATE THAT MISINFORMATION WAS VERBALLY FURNISHED YOU BY THE ADMINISTRATIVE OFFICE TO THE SAME EFFECT. WE NOTE FROM THE RECORD THAT AN OFFICIAL CORRECTION NOTICE WAS SUBSEQUENTLY PROCESSED ON APRIL 7. IT IS EVIDENT FROM THE APPLICABLE REGULATIONS REFERRED TO ABOVE THAT A 60 -DAY LIMITATION IS SPECIFIED FOR THE TEMPORARY STORAGE OF HOUSEHOLD EFFECTS AND WE ARE WITHOUT AUTHORITY TO WAIVE THAT RESTRICTION.

B-158139, DEC. 23, 1965

TO MR. ALLEN M. WOOLDRIDGE:

YOUR LETTER OF NOVEMBER 22, 1965, ACKNOWLEDGES RECEIPT OF THE SETTLEMENT DATED NOVEMBER 12, 1965, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE SUM OF $97.44, THE AMOUNT YOU PAID FOR THE STORAGE OF YOUR HOUSEHOLD EFFECTS FOR THE PERIOD APRIL 4 TO MAY 4, 1965, AND ASKS THAT WE RECONSIDER THE MATTER.

SECTION 3.4, BUREAU OF THE BUDGET CIRCULAR NO. A-56, APPLICABLE TO YOUR CLAIM, READS, IN PERTINENT PART, AS FOLLOWS:

"A. TEMPORARY STORAGE. THE ACTUAL EXPENSES OF TEMPORARY STORAGE OF THE HOUSEHOLD GOODS AND PERSONAL EFFECTS, WITHIN THE APPLICABLE WEIGHT ALLOWANCE, WILL BE ALLOWED FOR A PERIOD OF 60 DAYS OR LESS. AN ADDITIONAL PERIOD OF 30 DAYS MAY BE ALLOWED WHERE AN EMPLOYEE RETURNS TO HIS PLACE OF ACTUAL RESIDENCE FOR LEAVE PRIOR TO SERVING A NEW TOUR OF DUTY OUTSIDE THE FORMER 48 STATES AND THE DISTRICT OF COLUMBIA EITHER AT A DIFFERENT POST OF DUTY, OR AT THE SAME POST OF DUTY IF THE STORAGE IS IN LIEU OF FURNISHED QUARTERS OR A QUARTERS ALLOWANCE.'

AIR FORCE MANUAL 40-10, PARAGRAPH 13A, PAGE 4, ALSO IN FORCE AND EFFECT FOR THE PERIOD OF YOUR CLAIM CONTAINS SIMILAR LANGUAGE, I.E., TEMPORARY STORAGE SUCH AS OCCURRED IN YOUR CASE, IS LIMITED TO 60 DAYS OR LESS BECAUSE THE EXCEPTION PROVIDED THEREIN DOES NOT APPLY TO YOUR SITUATION. IT WAS UNFORTUNATE THAT IN THE ADMINISTRATIVE COMPLETION OF THE BILL OF LADING AN ERROR WAS MADE SHOWING SUCH STORAGE AS "90 DAYS" AND IT WAS ALSO UNFORTUNATE THAT MISINFORMATION WAS VERBALLY FURNISHED YOU BY THE ADMINISTRATIVE OFFICE TO THE SAME EFFECT. WE NOTE FROM THE RECORD THAT AN OFFICIAL CORRECTION NOTICE WAS SUBSEQUENTLY PROCESSED ON APRIL 7, 1965, REDUCING THE "90 DAYS" TO ,60 DAYS.'

IT IS EVIDENT FROM THE APPLICABLE REGULATIONS REFERRED TO ABOVE THAT A 60 -DAY LIMITATION IS SPECIFIED FOR THE TEMPORARY STORAGE OF HOUSEHOLD EFFECTS AND WE ARE WITHOUT AUTHORITY TO WAIVE THAT RESTRICTION. ADDITION, YOU MAY BE ADVISED THAT IT HAS LONG BEEN ESTABLISHED BY THE COURTS THAT IN THE ABSENCE OF A STATUTE SO PROVIDING THE GOVERNMENT IS NOT RESPONSIBLE FOR UNAUTHORIZED ACTS AND OMISSIONS OF DUTY ON THE PART OF ITS OFFICIALS AND EMPLOYEES. SEE ROBERTSON V. SICHEL, 127 U.S. 507, 515.

IN VIEW OF THE FOREGOING WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE DISALLOWANCE OF YOUR CLAIM.

YOUR LETTER REQUESTS THAT WE FURNISH YOU A COPY OF SECTION 3.4 OF THE BUREAU OF THE BUDGET CIRCULAR NO. A-56. A COPY THEREOF IS ENCLOSED HEREWITH FOR YOUR INFORMATION.

ALSO, YOU REQUEST THE RETURN OF ALL CLAIM PAPERS INCLUDING ORIGINAL RECEIPTS. IN THIS REGARD YOU MAY BE ADVISED THAT GENERALLY THE PAPERS IN SUPPORT OF A CLAIM BECOME A PART OF THE RECORDS OF THIS OFFICE AND MUST BE RETAINED BY US. HOWEVER, WE ARE RETURNING THE RECEIPTS YOU MENTION AND IF YOU DESIRE COPIES OF ANY PARTICULAR PAPERS WE WILL BE GLAD TO FURNISH THEM UPON REQUEST.