B-162664, NOV. 29, 1967

B-162664: Nov 29, 1967

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EMPLOYEE WHO INCURRED EXPENSES FOR TEMPORARY HOUSING AND MEALS AT NEW PERMANENT STATION AS RESULT OF LATE DELIVERY OF HOUSEHOLD GOODS WHICH WERE DELAYED FROM JUNE 20. YOU SAY YOU ARE WELL AWARE THAT PUB. WAS NOT EFFECTIVE AT THE TIME OF YOUR PERMANENT CHANGE OF STATION AND THUS NOT APPLICABLE TO YOUR CLAIM. YOU POINT OUT THAT YOUR CLAIM WAS MADE BECAUSE YOUR HOUSEHOLD EFFECTS (SHIPPED ON GOVERNMENT BILL OF LADING) WERE SUPPOSED TO BE DELIVERED TO YOUR NEW STATION NO LATER THAN JUNE 20. WE ARE NOT AWARE OF ANY LANGUAGE IN THE LAW OR REGULATION APPLICABLE TO SHIPMENT OF HOUSEHOLD EFFECTS AT THE TIME IN QUESTION WHICH WOULD PERMIT REIMBURSEMENT FOR THE EXPENSES INCURRED BECAUSE OF A DELAY IN ARRIVAL OF HOUSEHOLD EFFECTS AT AN EMPLOYEE'S NEW STATION.

B-162664, NOV. 29, 1967

TRANSPORTATION - HOUSEHOLD GOODS - DELAY DECISION TO AIR FORCE EMPLOYEE DENYING CLAIM FOR REIMBURSEMENT FOR COST OF TEMPORARY HOUSING AND MEALS INCIDENT TO CHANGE OF STATION. EMPLOYEE WHO INCURRED EXPENSES FOR TEMPORARY HOUSING AND MEALS AT NEW PERMANENT STATION AS RESULT OF LATE DELIVERY OF HOUSEHOLD GOODS WHICH WERE DELAYED FROM JUNE 20, 1966 TO JULY 8, 1966 (PRIOR TO EFFECTIVE DATE OF PUB.L. 89-516) MAY NOT BE REIMBURSED FOR SUCH ADDITIONAL EXPENSES IN ABSENCE OF ANY LAW OR REGULATION WHICH WOULD AUTHORIZE REIMBURSEMENT FOR DELAY IN ARRIVAL OF HOUSEHOLD GOODS.

TO MR. DONALD LOWER:

YOUR LETTER OF SEPTEMBER 19, 1967, REQUESTS RECONSIDERATION OF OUR SETTLEMENT OF SEPTEMBER 5, 1967, DISALLOWING YOUR CLAIM, Z2-344-652, FOR REIMBURSEMENT FOR THE COST OF TEMPORARY HOUSING AND MEALS FOR YOURSELF AND FOUR DEPENDENTS FOR THE PERIOD JUNE 20 TO JULY 8, 1966, RESULTING FROM THE LATE DELIVERY OF YOUR HOUSEHOLD EFFECTS UPON PERMANENT CHANGE OF STATION.

YOU SAY YOU ARE WELL AWARE THAT PUB. L. 89-516, APPROVED JULY 21, 1966, WAS NOT EFFECTIVE AT THE TIME OF YOUR PERMANENT CHANGE OF STATION AND THUS NOT APPLICABLE TO YOUR CLAIM. HOWEVER, YOU POINT OUT THAT YOUR CLAIM WAS MADE BECAUSE YOUR HOUSEHOLD EFFECTS (SHIPPED ON GOVERNMENT BILL OF LADING) WERE SUPPOSED TO BE DELIVERED TO YOUR NEW STATION NO LATER THAN JUNE 20, 1966, AND THE DELAY UNTIL JULY 8, 1966, RESULTED IN THE UNNECESSARY ADDITIONAL EXPENSES FOR WHICH YOU SEEK REIMBURSEMENT.

WE ARE NOT AWARE OF ANY LANGUAGE IN THE LAW OR REGULATION APPLICABLE TO SHIPMENT OF HOUSEHOLD EFFECTS AT THE TIME IN QUESTION WHICH WOULD PERMIT REIMBURSEMENT FOR THE EXPENSES INCURRED BECAUSE OF A DELAY IN ARRIVAL OF HOUSEHOLD EFFECTS AT AN EMPLOYEE'S NEW STATION. IT IS REGRETTABLE THAT SUCH A DELAY OCCURRED. HOWEVER, NO LEGAL BASIS EXISTS UPON WHICH OUR OFFICE COULD ALLOW YOUR CLAIM.