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B-162844, JUN. 6, 1968

B-162844 Jun 06, 1968
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JAKUBEC: THIS IS IN REPLY TO YOUR LETTER OF DECEMBER 14. IN VIEW OF THE PREVIOUS CORRESPONDENCE IT WILL BE UNNECESSARY TO EXAMINE THE FACTS IN DETAIL. IT IS YOUR CONTENTION THAT YOU ARE ENTITLED TO STORAGE OF YOUR HOUSEHOLD EFFECTS IN TOLEDO. THERE IS NO PRESENT BASIS FOR PAYING SUCH EXPENSES OUT OF GOVERNMENT FUNDS BASED ON THAT TRANSFER. AS A REFERENCE POINT FOR COMPUTING THE TWO-YEAR TIME LIMITATION WITHIN WHICH STORAGE AND TRANSPORTATION OF YOUR EFFECTS WERE REQUIRED TO BEGIN SINCE THAT WAS THE ONLY TRANSFER IN CONNECTION WITH WHICH SHIPMENT OF HOUSEHOLD EFFECTS WAS AUTHORIZED. FOR THE REASONS SET FORTH ABOVE THERE IS NO BASIS FOR MODIFYING OUR PRIOR DECISION DENYING YOUR CLAIM.

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B-162844, JUN. 6, 1968

TO MR. RICHARD J. JAKUBEC:

THIS IS IN REPLY TO YOUR LETTER OF DECEMBER 14, 1967, RECEIVED IN OUR OFFICE ON APRIL 10, 1968, APPEALING FROM OUR DECISION B-162844, NOVEMBER 21, 1967, DENYING YOUR CLAIM FOR STORAGE AND TRANSPORTATION OF HOUSEHOLD EFFECTS FROM TOLEDO, OHIO, TO YOUR PRESENT RESIDENCE IN UTICA, MICHIGAN.

IN VIEW OF THE PREVIOUS CORRESPONDENCE IT WILL BE UNNECESSARY TO EXAMINE THE FACTS IN DETAIL. IT IS YOUR CONTENTION THAT YOU ARE ENTITLED TO STORAGE OF YOUR HOUSEHOLD EFFECTS IN TOLEDO, OHIO, COMMENCING MAY 1966 UNTIL AUGUST 1967 AND TRANSPORTATION OF SUCH EFFECTS IN AUGUST 1967 FROM TOLEDO TO UTICA, MICHIGAN, IN CONNECTION WITH YOUR TRANSFER BY VERBAL AUTHORIZATION ON MAY 25, 1964, FROM THE ARMY TANK AUTOMOTIVE COMMAND DETROIT, MICHIGAN, TO THE ARMY'S DETROIT ARSENAL, WARREN, MICHIGAN, A DISTANCE OF APPROXIMATELY 15 MILES. NO AUTHORIZATION OR APPROVAL BY A DESIGNATED OFFICIAL OF THE AGENCY FOR STORAGE AND SHIPMENT OF YOUR EFFECTS IN CONNECTION WITH SUCH TRANSFER, AS REQUIRED BY 5 U.S.C. 73B-1 (A) (1964 ED.), HAS EVER BEEN PRODUCED. ACCORDINGLY, THERE IS NO PRESENT BASIS FOR PAYING SUCH EXPENSES OUT OF GOVERNMENT FUNDS BASED ON THAT TRANSFER.

IN OUR EARLIER DECISION WE USED YOUR TRANSFER IN OCTOBER 1962 FROM TOLEDO, OHIO, TO DETROIT, MICHIGAN, AS A REFERENCE POINT FOR COMPUTING THE TWO-YEAR TIME LIMITATION WITHIN WHICH STORAGE AND TRANSPORTATION OF YOUR EFFECTS WERE REQUIRED TO BEGIN SINCE THAT WAS THE ONLY TRANSFER IN CONNECTION WITH WHICH SHIPMENT OF HOUSEHOLD EFFECTS WAS AUTHORIZED.

FOR THE REASONS SET FORTH ABOVE THERE IS NO BASIS FOR MODIFYING OUR PRIOR DECISION DENYING YOUR CLAIM.

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