B-160901, APR. 6, 1967

B-160901: Apr 6, 1967

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BRECHBUHLER WAS ASSIGNED TO OVERSEAS DUTY IN MAY 1965 AND. WAS ENTITLED TO THE TRANSPORTATION OR NONTEMPORARY STORAGE OF 2. THE HOUSEHOLD GOODS HE PLACED IN NONTEMPORARY STORAGE IN THE UNITED STATES WERE IN EXCESS OF HIS MAXIMUM WEIGHT ALLOWANCE BY 2. THE TRANSPORTATION AND/OR NONTEMPORARY STORAGE OF AN EMPLOYEE'S HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IS AUTHORIZED ON THE BASIS OF A TRANSFER OR PERMANENT CHANGE OF DUTY STATION AND THE WEIGHT LIMITATIONS IN FORCE AT THE TIME SUCH TRANSFER IS ACCOMPLISHED MUST BE APPLIED UNTIL THE EMPLOYEE HAS COMPLETED HIS AGREED-TO PERIOD OF OVERSEAS SERVICE. AN INCREASE IN THE WEIGHT ALLOWANCE WHETHER ACCOMPLISHED BY A CHANGE IN THE LAW OR BY A CHANGE IN THE APPLICABLE REGULATIONS MAY NOT BE APPLIED TO INCREASE THE BENEFITS OF EMPLOYEES WHO WERE TRANSFERRED PRIOR TO THE EFFECTIVE DATE OF SUCH CHANGE.

B-160901, APR. 6, 1967

TO FINANCE AND ACCOUNTING OFFICER:

WE REFER TO YOUR LETTER OF FEBRUARY 14, 1967, YOUR REFERENCE SERIAL: D5/264, BY WHICH YOU REQUEST OUR DECISION WHETHER YOU MAY PAY THE ATTACHED VOUCHER OF MR. DALE W. BRECHBUHLER, A CIVILIAN EMPLOYEE OF THE NATIONAL SECURITY AGENCY, TO REIMBURSE HIM FOR THE NONTEMPORARY STORAGE OF HIS HOUSEHOLD EFFECTS UP TO THE INCREASED WEIGHT ALLOWANCE AUTHORIZED BY SECTION 6.2 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED, OCTOBER 12, 1966.

MR. BRECHBUHLER WAS ASSIGNED TO OVERSEAS DUTY IN MAY 1965 AND, AS AN EMPLOYEE WITHOUT IMMEDIATE FAMILY, WAS ENTITLED TO THE TRANSPORTATION OR NONTEMPORARY STORAGE OF 2,500 POUNDS OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE. THE HOUSEHOLD GOODS HE PLACED IN NONTEMPORARY STORAGE IN THE UNITED STATES WERE IN EXCESS OF HIS MAXIMUM WEIGHT ALLOWANCE BY 2,455 POUNDS AND HE HAS PAID THE COST INVOLVED IN STORING SUCH EXCESS WEIGHT OF HOUSEHOLD GOODS. THE VOUCHER PRESENTED WOULD REIMBURSE HIM THE AMOUNT HE PAID FOR NONTEMPORARY STORAGE OF SUCH EXCESS WEIGHT OF HOUSEHOLD GOODS FROM THE DATE THE BUREAU OF THE BUDGET AUTHORIZED AN INCREASE IN THE WEIGHT ALLOWANCE FOR EMPLOYEES WITHOUT IMMEDIATE FAMILIES FROM 2,500 POUNDS TO 5,000 POUNDS ON OCTOBER 12, 1966.

THE TRANSPORTATION AND/OR NONTEMPORARY STORAGE OF AN EMPLOYEE'S HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IS AUTHORIZED ON THE BASIS OF A TRANSFER OR PERMANENT CHANGE OF DUTY STATION AND THE WEIGHT LIMITATIONS IN FORCE AT THE TIME SUCH TRANSFER IS ACCOMPLISHED MUST BE APPLIED UNTIL THE EMPLOYEE HAS COMPLETED HIS AGREED-TO PERIOD OF OVERSEAS SERVICE. AN INCREASE IN THE WEIGHT ALLOWANCE WHETHER ACCOMPLISHED BY A CHANGE IN THE LAW OR BY A CHANGE IN THE APPLICABLE REGULATIONS MAY NOT BE APPLIED TO INCREASE THE BENEFITS OF EMPLOYEES WHO WERE TRANSFERRED PRIOR TO THE EFFECTIVE DATE OF SUCH CHANGE.

THEREFORE, THE PAYMENT OF TRANSPORTATION AND NONTEMPORARY STORAGE CHARGES FOR EMPLOYEES WITHOUT IMMEDIATE FAMILIES WHO WERE TRANSFERRED PRIOR TO OCTOBER 12, 1966, MUST BE BASED UPON THE LIMITATION IN EFFECT ON THE DATE OF TRANSFER. SIMILARLY, THE PAYMENT OF TRANSPORTATION AND NONTEMPORARY STORAGE CHARGES FOR EMPLOYEES WITH IMMEDIATE FAMILIES WHO WERE TRANSFERRED BEFORE JULY 21, 1966, MUST BE BASED UPON THE LIMITATION IN EFFECT ON THE DATE OF TRANSFER. IN ACCORDANCE WITH SECTION 6.7B (5) OF CIRCULAR NO. A- 56 NONTEMPORARY STORAGE MAY BE AUTHORIZED ONLY FOR AN EMPLOYEE'S CURRENT TOUR OF OVERSEAS DUTY SUBJECT TO A NEW AUTHORIZATION AT THE BEGINNING OF A SUBSEQUENT TOUR OF DUTY AT THE SAME OR SOME OTHER OVERSEAS POST. THE INCREASED WEIGHT ALLOWANCE MAY BE USED IN CONNECTION WITH A FURTHER AUTHORIZATION OF NONTEMPORARY STORAGE ISSUED UNDER THAT AUTHORITY.

YOUR SPECIFIC QUESTIONS, WITH THE ANSWERS THERETO, ARE AS FOLLOWS:

"A. DUE TO THE INCREASED WEIGHT ALLOWANCE AUTHORIZED IN PL 89-516 MAY DISBURSING OFFICERS PAY SUCH CLAIMS AUTOMATICALLY? IF NOT, CAN PAYMENT BE MADE UPON AMENDMENT TO THE ORIGINAL ORDERS AUTHORIZING SHIPMENT OR STORAGE OF HHG NOT TO EXCEED 5,000 POUNDS?

WEIGHT ALLOWANCES MAY BE INCREASED ONLY BY APPROPRIATE AMENDMENTS TO TRAVEL ORDERS ISSUED AT THE TIME WHEN THE EMPLOYEE COMPLETES AN AGREED PERIOD OF OVERSEAS EMPLOYMENT AND BEGINS ANOTHER.

"B. IF AMENDED ORDERS ARE ACCEPTABLE, MAY PAYMENT BE MADE RETROACTIVE TO 12 OCTOBER 1966 OR MUST THE PAYMENT BE LIMITED FROM THE DATE OF THE AMENDMENT?

PAYMENT MAY BE MADE ONLY FROM THE EFFECTIVE DATE OF AN AUTHORIZED AMENDMENT TO THE TRAVEL ORDERS. (SEE ANSWER TO "A" ABOVE.)

"C. IF AMENDATORY ACTION IS PROPER, MAY THE AMENDMENT BE ISSUED AT ANY TIME DURING THE INITIAL OVERSEAS TOUR OF DUTY OR MUST AMENDMENT ACTION WAIT UNTIL SUCH TIME AS THE EMPLOYEE IS ELIGIBLE FOR RETURN PCS OR UNTIL THE EMPLOYEE AGREES TO SERVE AN ADDITIONAL TOUR OF DUTY AT THE SAME, OR DIFFERENT, OVERSEAS LOCATION?

THE SECOND ALTERNATIVE IS CORRECT.

"D. MAY PAYMENT BE MADE TO THE EMPLOYEE UPON PRESENTATION OF RECEIPTS EVIDENCING PAYMENTS OR SHOULD PAYMENT BE MADE ONLY TO THE STORAGE COMPANY?

PAYMENTS MAY BE MADE TO THE EMPLOYEE.

"E. IN VIEW OF THE INCREASED WEIGHT ALLOWANCE, 7,000 TO 11,000 FOR EMPLOYEES WITH IMMEDIATE FAMILY, MAY THE ANSWERS TO THE ABOVE QUESTIONS BE CONSIDERED AS HAVING EQUAL APPLICATION UNDER THE SAME OR SIMILAR CIRCUMSTANCES (SIC/? "

SIMILAR ANSWERS WOULD BE APPLICABLE TO QUESTIONS INVOLVING EMPLOYEES WITH IMMEDIATE FAMILIES. IT IS NOTED, HOWEVER, THAT THE EFFECTIVE DATE OF THE INCREASED WEIGHT ALLOWANCE FOR EMPLOYEES WITH IMMEDIATE FAMILIES WAS JULY 21, 1966.

FOR THE REASONS STATED THE VOUCHER WHICH IS RETAINED IN OUR FILES MAY NOT BE PAID.