B-158518, MAR. 11, 1966, 45 COMP. GEN. 569

B-158518: Mar 11, 1966

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHICH IS ALSO PRIVATE HOUSING. 1966: FURTHER REFERENCE IS MADE TO LETTER OF FEBRUARY 1. SECURES HOUSING ON THE LOCAL ECONOMY BECAUSE NEITHER GOVERNMENT QUARTERS NOR FORMER RENTAL GUARANTEE HOUSING IS AVAILABLE AT TIME OF ARRIVAL. THE UNDER SECRETARY STATES FURTHER THAT WHEN GOVERNMENT QUARTERS ARE SUBSEQUENTLY ASSIGNED TO THE MEMBER HE BECOMES ENTITLED TO DRAYAGE OF HIS HOUSEHOLD GOODS AT GOVERNMENT EXPENSE FROM THE LOCAL ECONOMY HOUSING TO THE ASSIGNED GOVERNMENT QUARTERS BUT WHEN FORMER RENTAL GUARANTEE HOUSING IS SUBSEQUENTLY SECURED BY THE MEMBER. DRAYAGE FROM THE LOCAL ECONOMY HOUSING TO SUCH HOUSING IS AT HIS EXPENSE. THAT WHILE MEMBERS CANNOT BE DIRECTED TO MOVE INTO FORMER RENTAL GUARANTEE HOUSING THEY ARE NEVERTHELESS ENCOURAGED TO DO SO FOR SEVERAL REASONS WHICH ARE BENEFICIAL TO THE GOVERNMENT.

B-158518, MAR. 11, 1966, 45 COMP. GEN. 569

TRANSPORTATION - HOUSEHOLD EFFECTS - MILITARY PERSONNEL - PACKING, CRATING, DRAYAGE, ETC. - LOCAL MOVES AT OVERSEAS STATION THE DRAYAGE OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES STATIONED OVERSEAS FROM LOCAL ECONOMY HOUSING TO FORMER RENTAL GUARANTEE HOUSING, WHICH IS ALSO PRIVATE HOUSING, MAY NOT BE CONSIDERED AS INCIDENT TO A DIRECTED MOVE TO GOVERNMENT QUARTERS NOR A MOVEMENT INVOLVING UNUSUAL OR EMERGENCY CIRCUMSTANCES TO BE AUTHORIZED AT GOVERNMENT EXPENSE UNDER 37 U.S.C. 406, AND, THEREFORE, AN AMENDMENT TO THE JOINT TRAVEL REGULATIONS TO PERMIT DRAYAGE AT GOVERNMENT EXPENSE IN SUCH CASES MAY NOT BE AUTHORIZED.

TO THE SECRETARY OF THE ARMY, MARCH 11, 1966:

FURTHER REFERENCE IS MADE TO LETTER OF FEBRUARY 1, 1966, AND ENCLOSURE, FROM THE UNDER SECRETARY OF THE ARMY, FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE (PDTATAC CONTROL NO. 66-5) ON FEBRUARY 7, 1966, REQUESTING AN ADVANCE DECISION RELATIVE TO A PROPOSED AMENDMENT TO PARAGRAPH M8308 OF THE JOINT TRAVEL REGULATIONS.

THE UNDER SECRETARY STATES THAT THE DEPARTMENT OF THE ARMY HAS RECOMMENDED THAT PARAGRAPH M8308 OF THE JOINT TRAVEL REGULATIONS BE AMENDED TO ESTABLISH AN ENTITLEMENT TO DRAYAGE OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE, FROM LOCAL ECONOMY HOUSING TO FORMER RENTAL GUARANTEE HOUSING IN AREAS OUTSIDE THE UNITED STATES, IN CASES NOT INVOLVING PERMANENT CHANGE OF STATION ORDERS BASED ON THE ASSERTION THAT GENERALLY A MEMBER, ON ARRIVAL IN AN OVERSEAS DUTY AREA, SECURES HOUSING ON THE LOCAL ECONOMY BECAUSE NEITHER GOVERNMENT QUARTERS NOR FORMER RENTAL GUARANTEE HOUSING IS AVAILABLE AT TIME OF ARRIVAL. THE UNDER SECRETARY STATES FURTHER THAT WHEN GOVERNMENT QUARTERS ARE SUBSEQUENTLY ASSIGNED TO THE MEMBER HE BECOMES ENTITLED TO DRAYAGE OF HIS HOUSEHOLD GOODS AT GOVERNMENT EXPENSE FROM THE LOCAL ECONOMY HOUSING TO THE ASSIGNED GOVERNMENT QUARTERS BUT WHEN FORMER RENTAL GUARANTEE HOUSING IS SUBSEQUENTLY SECURED BY THE MEMBER, DRAYAGE FROM THE LOCAL ECONOMY HOUSING TO SUCH HOUSING IS AT HIS EXPENSE.

THE ARMY SAYS, CONTINUES THE UNDER SECRETARY, THAT WHILE MEMBERS CANNOT BE DIRECTED TO MOVE INTO FORMER RENTAL GUARANTEE HOUSING THEY ARE NEVERTHELESS ENCOURAGED TO DO SO FOR SEVERAL REASONS WHICH ARE BENEFICIAL TO THE GOVERNMENT. AMONG THOSE REASONS, THE UNDER SECRETARY POINTS OUT, ARE THAT IT ENABLES THE UNITED STATES FORCES TO MAINTAIN A LEVEL OF OCCUPANCY SUFFICIENTLY HIGH TO ASSURE RETENTION OF OCCUPANCY RIGHTS CONTAINED IN THE ORIGINAL AGREEMENT WITH THE RENTAL GUARANTEE HOUSING OWNERS; THAT IT CENTRALIZES MILITARY PERSONNEL AND THEIR DEPENDENTS FOR SERVICE ACTIVITIES AND NOTIFICATIONS, FOR TRANSPORTATION PURPOSES IN GENERAL, AND FOR EMERGENCY EVACUATION PURPOSES, IF REQUIRED; AND THAT IT IS DIRECTLY RELATED TO THE GOLD FLOW POLICY IN THAT THE TRANSPORTATION OFFICER THROUGH CENTRALIZED CONTRACTING, CAN SECURE THE NECESSARY DRAYAGE SERVICES AT A MORE REASONABLE COST THAN CAN THE MEMBER ACTING ON A ONE TIME BASIS AS AN INDIVIDUAL.

WE UNDERSTAND THAT THE "FORMER RENTAL GUARANTEE HOUSING" HERE CONCERNED IS HOUSING CONSTRUCTED IN FOREIGN COUNTRIES, EITHER BY THE GOVERNMENT OF THE COUNTRY OR BY LOCAL COMMERCIAL INTERESTS ON THE BASIS OF AN AGREEMENT BY THE MILITARY AUTHORITIES GUARANTEEING A FIXED LEVEL OF RENTAL INCOME TO THE BUILDER AND THAT THE RENTAL GUARANTEE AGREEMENT HAS EXPIRED. UNDERSTAND FURTHER THAT WHILE SUCH HOUSING NOW IS OPERATED BY THE OWNER- BUILDER, THE OPERATOR IS WILLING TO MAINTAIN THE FORMER LEVEL OF RENTS--- USUALLY LOWER THAN THOSE CHARGED FOR SIMILAR LOCAL ECONOMY QUARTERS--- SO LONG AS THE OCCUPANCY RATE IS HIGH. SUCH QUARTERS ARE NEITHER PUBLIC QUARTERS NOR GOVERNMENT SUBSTANDARD RENTAL QUARTERS BUT ARE ACTUALLY LOCAL ECONOMY PRIVATE QUARTERS AND THEY DO NOT APPEAR TO BE UNDER THE JURISDICTION OF THE MILITARY DEPARTMENTS.

THE UNDER SECRETARY REQUESTS AN ADVANCE DECISION AS TO WHETHER WE WOULD BE REQUIRED TO OBJECT TO THE FOLLOWING PROPOSED AMENDMENT TO PARAGRAPH M8308-1 AND ADDITION OF PARAGRAPH M8308-4 TO THE JOINT TRAVEL REGULATIONS WHICH WOULD ESTABLISH THE DRAYAGE ENTITLEMENT RECOMMENDED BY THE ARMY:

1. GENERAL. THE DRAYAGE AND/OR STORAGE ENTITLEMENTS AUTHORIZED BY THIS PARAGRAPH ARE APPLICABLE, EXCEPT AS PROVIDED IN SUBPAR. 4, BOTH INSIDE AND OUTSIDE THE UNITED STATES, TO ALL MEMBERS WITHOUT REGARD TO RANK OR GRADE. THE WEIGHT ALLOWANCE OF MEMBERS HAVING NO PRESCRIBED WEIGHT ALLOWANCE WILL BE THE SAME AS THAT PROVIDED FOR AN ENLISTED MEMBER OF THE E-4 PAY GRADE WITH OVER 4 YEARS SERVICE. ANY NECESSARY PACKING, CRATING, UNPACKING, AND UNCRATING INCIDENT TO DRAYAGE AND STORAGE UNDER THIS PARAGRAPH ALSO IS AUTHORIZED.

4. RENTAL GUARANTEE HOUSING. DRAYAGE IN AN OVERSEAS AREA IS AUTHORIZED, IN THE CASE OF A MEMBER OTHERWISE ENTITLED TO TRANSPORTATION OF HOUSEHOLD GOODS, FROM LOCAL ECONOMY HOUSING TO FORMER RENTAL GUARANTEE HOUSING WHEN THE OCCUPANCY OF SUCH HOUSING IS CONSIDERED BY COMPETENT AUTHORITY TO BE IN THE INTEREST OF THE GOVERNMENT, PROVIDED THE HOUSING CONTINUES TO BE PREFERENTIALLY AVAILABLE TO THE MEMBER ON THE SAME BASIS AND FOR THE SAME REASONS AS OBTAINED UNDER THE ORIGINAL AGREEMENTS GOVERNING RENTAL GUARANTEE HOUSING. STORAGE, EITHER TEMPORARY OR NONTEMPORARY, IS NOT AUTHORIZED INCIDENT TO DRAYAGE OF HOUSEHOLD GOODS FROM LOCAL ECONOMY HOUSING TO FORMER RENTAL GUARANTEE HOUSING.

SECTION 406 OF TITLE 37, U.S. CODE, PROVIDES AUTHORITY FOR THE TRANSPORTATION WITHIN CERTAIN PRESCRIBED LIMITATIONS OF HOUSEHOLD GOODS OF A MEMBER OF THE UNIFORMED SERVICES WHEN THE MEMBER IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION. AS AN EXCEPTION TO THE ORDERS REQUIREMENT, SUBSECTION (E) OF SECTION 406 PROVIDES THAT WHEN ORDERS DIRECTING A CHANGE OF PERMANENT STATION FOR THE MEMBER CONCERNED HAVE NOT BEEN ISSUED, OR WHEN THEY HAVE BEEN ISSUED BUT CANNOT BE USED AS AUTHORITY FOR THE TRANSPORTATION OF HIS HOUSEHOLD GOODS, THE SECRETARIES CONCERNED MAY AUTHORIZE THE MOVEMENT OF THE HOUSEHOLD GOODS AND PRESCRIBE TRANSPORTATION IN KIND, REIMBURSEMENT THEREFOR, OR A MONETARY ALLOWANCE IN PLACE THEREOF, AS OTHERWISE AUTHORIZED IN THAT SECTION, IN CASES INVOLVING UNUSUAL OR EMERGENCY CIRCUMSTANCES.

WE HAVE RECOGNIZED THAT UNDER THE "UNUSUAL OR EMERGENCY CIRCUMSTANCES" PROVISIONS IN SECTION 406 (E), REGULATIONS COULD PROVIDE FOR DRAYAGE AND NONTEMPORARY STORAGE OF A MEMBER'S AUTHORIZED WEIGHT ALLOWANCE OF HOUSEHOLD EFFECTS INCIDENT TO ASSIGNMENT OR TERMINATION OF ASSIGNMENT OF QUARTERS UNDER THE JURISDICTION OF THE UNIFORMED SERVICES EVEN THOUGH NO DUTY ASSIGNMENT AWAY FROM THE MEMBER'S STATION IS INVOLVED, WHEN SUCH MOVES ARE DIRECTED BY THE COMMANDER IN THE INTEREST OF THE GOVERNMENT. 129019, SEPTEMBER 25, 1956; B-141427, DECEMBER 31, 1959; 43 COMP. GEN. 587. THUS DRAYAGE OF THE HOUSEHOLD EFFECTS OF A MEMBER IS AUTHORIZED AT GOVERNMENT EXPENSE INCIDENT TO ASSIGNMENT, REASSIGNMENT OR TERMINATION OF GOVERNMENT QUARTERS. THE PROPOSED AMENDMENT TO PARAGRAPH M8308 OF THE JOINT TRAVEL REGULATIONS WOULD PROVIDE AN ENTITLEMENT TO DRAYAGE OF HOUSEHOLD EFFECTS IN CASES WHERE THE MOVE IS NOT DIRECTED TO QUARTERS UNDER THE JURISDICTION OF THE UNIFORMED SERVICES IN THE INTEREST OF THE GOVERNMENT, AND IS NOT INCIDENT TO A PERMANENT CHANGE OF STATION. WHILE THE GOVERNMENT MAY BENEFIT FROM THE MOVEMENT OF THE MEMBERS TO FORMER RENTAL GUARANTEE HOUSING, THE DRAYAGE OF A MEMBER'S HOUSEHOLD EFFECTS IN SUCH A CASE WOULD BE INCIDENT TO A PERMISSIVE MOVE TO OTHER LOCAL ECONOMY QUARTERS RATHER THAN AN INVOLUNTARY MOVE TO GOVERNMENT QUARTERS DIRECTED BY THE COMMANDER. IN OUR VIEW SUCH A MOVEMENT MAY NOT BE CONSIDERED AS INVOLVING UNUSUAL OR EMERGENCY CIRCUMSTANCES WITHIN THE CONTEMPLATION OF THE STATUTE.

ACCORDINGLY, WE ARE OF THE OPINION THAT THE PROPOSED AMENDMENT TO PARAGRAPH M8308 OF THE JOINT TRAVEL REGULATIONS WOULD NOT BE AUTHORIZED BY SECTION 406 OF TITLE 37, U.S. CODE, OR ANY OTHER PROVISION OF LAW.