B-173557, AUG 30, 1971

B-173557: Aug 30, 1971

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AN AMOUNT REPRESENTING RENTAL VALUE OF HIS HOME WHEREIN THE GOODS WERE STORED. IS FULLY DISALLOWED. THE FACT THAT HOUSEGOODS REMAINED IN HIS HOUSE PENDING LEASING OF THE RESIDENCE IS NO BASIS FOR REIMBURSEMENT OF STORAGE. KAPICA: REFERENCE IS MADE TO YOUR LETTER OF JUNE 22. WAS AUTHORIZED TO TRAVEL FROM HUNTSVILLE. 160 POUNDS WAS SHIPPED BY GOVERNMENT BILL OF LADING NO. WILSON IS CLAIMING REIMBURSEMENT OF EXPENSES FOR SHIPMENT OF 840 POUNDS OF HOUSEHOLD EFFECTS BY A U-HAUL TRAILER. YOU SAY THAT HIS CLAIM OF $167.41 FOR THE U-HAUL TRANSPORTATION WAS DENIED ON THE BASIS THAT SHIPMENT SHOULD HAVE BEEN BY GOVERNMENT BILL OF LADING SINCE THAT WAS THE AUTHORIZED METHOD OF TRANSPORTATION. WILSON IS ALSO CLAIMING TWO MONTHS' STORAGE AT $175 PER MONTH FOR STORING THE FURNITURE IN HIS OLD RESIDENCE.

B-173557, AUG 30, 1971

CIVILIAN EMPLOYEE - HOUSEHOLD GOODS - REIMBURSEMENT FOR STORAGE IN RESIDENCE AND TWO OR MORE SHIPMENTS DECISION DISALLOWING THE CLAIM OF AN ADDITIONAL COST FOR SHIPMENT OF HOUSEHOLD GOODS AND TEMPORARY STORAGE TO MR. HUGH H. WILSON, EMPLOYEE OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, INCIDENT TO OFFICIAL CHANGE OF STATIONS. MR. WILSON'S CLAIM FOR TWO MONTHS' STORAGE AT $175 PER MONTH, AN AMOUNT REPRESENTING RENTAL VALUE OF HIS HOME WHEREIN THE GOODS WERE STORED, IS FULLY DISALLOWED. THE FACT THAT HOUSEGOODS REMAINED IN HIS HOUSE PENDING LEASING OF THE RESIDENCE IS NO BASIS FOR REIMBURSEMENT OF STORAGE, UNDER OMB CIRCULAR NO. A-56, SUBSECTION 6.4D(2) AND (3). UNDER CIRCULAR NO. A-56, SUBSECTION 6.3, AN EMPLOYEE MAY BE REIMBURSED FOR SHIPMENT OF HOUSEHOLD GOODS IN TWO OR MORE SHIPMENTS, BUT THE TOTAL AMOUNT TO BE PAID BY THE GOVERNMENT MUST NOT EXCEED THE COST OF TRANSPORTING THE PROPERTY IN ONE LOT. HOWEVER, AS CLAIMANT HAS NOT FURNISHED PROPER EVIDENCE OF ACTUAL WEIGHT OR VOLUME OF THE ALLEGED SECOND SHIPMENT BY "U-HAUL" TRAILER, HE MAY NOT BE REIMBURSED.

TO MR. EUGENE S. KAPICA:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 22, 1971, REFERENCE AD-RFM 2, FORWARDED HERE BY MR. H. FRANK HANN, DIRECTOR OF FINANCIAL MANAGEMENT, REFERENCE BFG, ON JULY 8, 1971, FOR AN ADVANCE DECISION WHETHER A VOUCHER COVERING TEMPORARY STORAGE AND AN ADDITIONAL COST FOR SHIPMENT OF HOUSEHOLD GOODS MAY BE PAID TO MR. HUGH H. WILSON, AN EMPLOYEE OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.

THE INFORMATION OF RECORD SHOWS MR. WILSON, BY TRAVEL AUTHORIZATION DATED MAY 5, 1969, WAS AUTHORIZED TO TRAVEL FROM HUNTSVILLE, ALABAMA, TO KENNEDY SPACE CENTER, FLORIDA, INCIDENT TO A PERMANENT CHANGE OF STATION. THE TRAVEL AUTHORIZATION AUTHORIZED THE TRANSPORTATION OF HOUSEHOLD EFFECTS NOT TO EXCEED 11,000 POUNDS TO BE MOVED UNDER A GOVERNMENT BILL OF LADING. A TOTAL OF 10,160 POUNDS WAS SHIPPED BY GOVERNMENT BILL OF LADING NO. F-2,732,153, DATED AUGUST 18, 1969, AND MR. WILSON IS CLAIMING REIMBURSEMENT OF EXPENSES FOR SHIPMENT OF 840 POUNDS OF HOUSEHOLD EFFECTS BY A U-HAUL TRAILER. YOU SAY THAT HIS CLAIM OF $167.41 FOR THE U-HAUL TRANSPORTATION WAS DENIED ON THE BASIS THAT SHIPMENT SHOULD HAVE BEEN BY GOVERNMENT BILL OF LADING SINCE THAT WAS THE AUTHORIZED METHOD OF TRANSPORTATION.

MR. WILSON IS ALSO CLAIMING TWO MONTHS' STORAGE AT $175 PER MONTH FOR STORING THE FURNITURE IN HIS OLD RESIDENCE. THE $175 REPRESENTS THE RENTAL RATE HE OBTAINED BY SUBSEQUENTLY RENTING HIS HOUSE.

SINCE THE HOUSEHOLD EFFECTS WERE TRANSPORTED IN TWO SHIPMENTS ONE OF WHICH (ALLEGED TO BE 840 POUNDS) WAS MOVED BY TRAILER, THE PROVISIONS OF SUBSECTION 6.3 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56 WERE APPLICABLE. THAT REGULATION, IN PERTINENT PART, IS AS FOLLOWS:

" *** ALLOWANCES OR REIMBURSEMENTS FOR TRANSPORTING HOUSEHOLD GOODS AND PERSONAL EFFECTS AUTHORIZED HEREIN MAY BE PAID WHETHER THE SHIPMENT ORIGINATES AT THE EMPLOYEE'S LAST OFFICIAL STATION OR PLACE OF ACTUAL RESIDENCE OR AT SOME OTHER POINT, OR IF PART OF THE SHIPMENT ORIGINATES AT THE LAST OFFICIAL STATION AND THE REMAINDER AT ONE OR MORE OTHER POINTS. SIMILARLY, THESE EXPENSES ARE ALLOWABLE WHETHER THE POINT OF DESTINATION IS THE NEW OFFICIAL STATION OR SOME OTHER POINT SELECTED BY THE EMPLOYEE, OR IF THE DESTINATION FOR PART OF THE PROPERTY IS THE NEW OFFICIAL STATION AND THE REMAINDER IS SHIPPED TO ONE OR MORE OTHER POINTS. HOWEVER, THE TOTAL AMOUNT WHICH MAY BE PAID OR REIMBURSED BY THE GOVERNMENT SHALL NOT EXCEED THE COST OF TRANSPORTING THE PROPERTY IN ONE LOT BY THE MOST ECONOMICAL ROUTE FROM THE LAST OFFICIAL STATION OF THE TRANSFERRING EMPLOYEE (OR THE PLACE OF ACTUAL RESIDENCE OF THE NEW APPOINTEE AT TIME OF APPOINTMENT) TO THE NEW OFFICIAL STATION. ***"

UNDER THE ABOVE-QUOTED SUBSECTION WHEN AN EMPLOYEE SHIPS HOUSEHOLD EFFECTS IN 2 OR MORE SHIPMENTS THE TOTAL AMOUNT WHICH MAY BE PAID OR REIMBURSED BY THE GOVERNMENT SHALL NOT EXCEED THE COST OF TRANSPORTING THE PROPERTY IN ONE LOT BY THE MOST ECONOMICAL ROUTE.

WE HAVE CONSISTENTLY HELD THAT AN EMPLOYEE WHO DOES NOT FURNISH PROPER EVIDENCE OF ACTUAL WEIGHT OR VOLUME, SUCH AS WILL SATISFY THE LAW AND REGULATIONS, MAY NOT BE ALLOWED REIMBURSEMENT ON AN ACTUAL EXPENSE BASIS FOR THE MOVEMENT OF HOUSEHOLD EFFECTS. IN THAT REGARD, SECTION 6.4E(2) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56 PROVIDES, IN PART, AS FOLLOWS:

" *** IF NO ADEQUATE SCALE IS AVAILABLE AT POINT OF ORIGIN, AT ANY POINT EN ROUTE, OR AT DESTINATION, A CONSTRUCTIVE WEIGHT, BASED ON 7 POUNDS PER CUBIC FOOT OF PROPERLY LOADED VAN SPACE, MAY BE USED. *** "

UNDER THAT REGULATION THE WEIGHT OF HOUSEHOLD GOODS TRANSPORTED MUST BE DETERMINED EITHER BY THE ACTUAL SCALE WEIGHT OF THE GOODS OR BY THE CONSTRUCTIVE WEIGHT OF SUCH GOODS DETERMINED ON THE BASIS OF THE SPACE OCCUPIED WHEN PROPERLY LOADED FOR SHIPMENT IN A VAN. MR. WILSON HAS NOT FURNISHED ANY EVIDENCE TO SATISFY THE REQUIREMENTS OF THE ABOVE QUOTED REGULATION CONCERNING HIS SHIPMENT BY TRAILER AND IN THE ABSENCE THEREOF WOULD NOT BE ENTITLED TO ANY ALLOWANCE FOR SUCH SHIPMENT.

CONCERNING THE CLAIM FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS FOR TWO MONTHS, THE RECORD INDICATES THAT THEY WERE STORED IN MR. WILSON'S PLACE OF RESIDENCE PRIOR TO HIS TRANSFER AND PRIOR TO HIS LEASING IT.

SUBSECTIONS 6.4D(2) AND (3) OF THE OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56 PROVIDE, IN PART, AS FOLLOWS:

"(2) REIMBURSEMENT FOR TEMPORARY STORAGE EXPENSES. WHEN THE COMMUTED RATE SYSTEM IS USED FOR TEMPORARY STORAGE, THE AMOUNT TO BE PAID TO THE EMPLOYEE SHALL BE DETERMINED IN ACCORDANCE WITH THE TABLE OF STORAGE ALLOWANCES IN THE COMMUTED RATE SCHEDULE. HOWEVER, THE AMOUNT OF REIMBURSEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE STORAGE.

"(3) DOCUMENTATION REQUIRED. CLAIMS FOR REIMBURSEMENT UNDER THE COMMUTED RATE SYSTEM SHALL BE SUPPORTED BY (A) THE ORIGINAL OR A CERTIFIED COPY OF THE RECEIPTED WAREHOUSE BILL FOR TEMPORARY STORAGE *** ."

UNDER THE ABOVE REGULATIONS, TO BE ENTITLED TO REIMBURSEMENT FOR TEMPORARY STORAGE, IT IS REQUIRED THAT THERE BE FURNISHED THE ORIGINAL OR A COPY OF A RECEIPTED WAREHOUSE BILL. IN SOME CASES WE HAVE ALLOWED REIMBURSEMENT FOR TEMPORARY STORAGE IN OTHER THAN A LICENSED WAREHOUSE WHERE A RECEIPT HAS BEEN FURNISHED SHOWING THE STORAGE LOCATION, DATES OF STORAGE AS WELL AS THE ACTUAL WEIGHT.

IN SUPPORT OF HIS CLAIM FOR $350, MR. WILSON SUBMITS A COPY OF A LEASE DATED SEPTEMBER 25, 1969, SHOWING THAT HE IS RENTING HIS RESIDENCE AT HUNTSVILLE, ALABAMA, FOR $175 PER MONTH FROM THE FIRST DAY OF SEPTEMBER 1969. THE FACT THAT HIS HOUSEHOLD EFFECTS REMAINED THEREIN, PENDING THE LEASING OF HIS RESIDENCE, MAY NOT SERVE AS A BASIS FOR REIMBURSEMENT OF ANY PART THEREOF FOR STORAGE UNDER THE QUOTED PROVISIONS OF CIRCULAR NO. A -56.

ACCORDINGLY, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.