B-174459, JAN 20, 1972

B-174459: Jan 20, 1972

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FOR REIMBURSEMENT FOR NONTEMPORARY STORAGE OF HOUSEHOLD GOODS WHICH WERE RETURNED TO THE UNITED STATES AND PLACED IN STORAGE UNTIL CLAIMANT'S RETURN TO THIS COUNTRY APPROXIMATELY 3 MONTHS LATER. SINCE THE HOUSEHOLD EFFECTS WERE RETURNED TO THE UNITED STATES FOR REASONS BEYOND HIS CONTROL. HIS TRANSFER TO FAMILY-TYPE GOVERNMENT QUARTERS WHICH WERE COMPLETELY FURNISHED. TO REIMBURSE HIM FOR THE NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS WHICH WERE RETURNED TO THE UNITED STATES AND PLACED IN STORAGE UNTIL HIS RETURN TO THIS COUNTRY APPROXIMATELY 3 MONTHS LATER. FLORIO WAS TRANSFERRED TO CHITOSE. A DECISION WAS MADE THAT THIS FACILITY WOULD BE CLOSED. TENTATIVE DECISION WAS MADE TO RETURN MR.

B-174459, JAN 20, 1972

CIVILIAN EMPLOYEE - HOUSEHOLD GOODS - NONTEMPORARY STORAGE DECISION ALLOWING PAYMENT OF A VOUCHER SUBMITTED BY HARRY E. FLORIO, AN EMPLOYEE OF THE NATIONAL SECURITY AGENCY, FOR REIMBURSEMENT FOR NONTEMPORARY STORAGE OF HOUSEHOLD GOODS WHICH WERE RETURNED TO THE UNITED STATES AND PLACED IN STORAGE UNTIL CLAIMANT'S RETURN TO THIS COUNTRY APPROXIMATELY 3 MONTHS LATER. THE COMP. GEN. SEES NO REASON WHY MR. FLORIO MAY NOT BE REIMBURSED FOR THESE COSTS UNDER THE PROVISIONS OF SECTION 6.7, OMB CIRCULAR NO. A 56, SINCE THE HOUSEHOLD EFFECTS WERE RETURNED TO THE UNITED STATES FOR REASONS BEYOND HIS CONTROL, I.E., HIS TRANSFER TO FAMILY-TYPE GOVERNMENT QUARTERS WHICH WERE COMPLETELY FURNISHED, AND THE NONAVAILABILITY OF GOVERNMENT STORAGE FACILITIES.

TO MR. GILBERT H. DAWSON:

WE REFER TO YOUR LETTER OF OCTOBER 29, 1971, REFERENCE SERIAL: N41/0287F, IN WHICH YOU REQUEST OUR DECISION WHETHER YOU MAY PAY THE ATTACHED SUPPLEMENTAL VOUCHER OF MR. HARRY E. FLORIO, A CIVILIAN EMPLOYEE OF THE NATIONAL SECURITY AGENCY (NSA), TO REIMBURSE HIM FOR THE NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS WHICH WERE RETURNED TO THE UNITED STATES AND PLACED IN STORAGE UNTIL HIS RETURN TO THIS COUNTRY APPROXIMATELY 3 MONTHS LATER.

SPECIFICALLY, YOU STATE AS FOLLOWS:

"A. MR. FLORIO WAS TRANSFERRED TO CHITOSE, JAPAN UNDER AUTHORITY OF TRAVEL ORDERS NUMBER 69-503 DATED 25 APRIL 1969 WITH A REPORTING DATE OF 18 JUNE 1969. SUBSEQUENT TO THAT DATE, A DECISION WAS MADE THAT THIS FACILITY WOULD BE CLOSED.

"B. IN PREPARING FOR THE EVENTUAL CLOSURE OF THE CHITOSE FACILITY, THE PHASE-OUT OF OPERATIONS AND REDUCTION OF BASE SUPPORT FACILITIES COMMENCED IN 1970. IN SEPTEMBER 1970, TENTATIVE DECISION WAS MADE TO RETURN MR. FLORIO TO CONUS JANUARY 1971 AS HIS SERVICES WOULD NOT BE REQUIRED BEYOND THAT DATE. DUE TO SUBSEQUENT DEVELOPMENTS, HOWEVER, IT WAS DECIDED THAT MR. FLORIO'S SERVICES WOULD BE REQUIRED UNTIL JUNE OF 1971.

"C. UPON HIS INITIAL ARRIVAL IN CHITOSE, JAPAN IN 1969 AND INTO 1971, MR. FLORIO OCCUPIED FAMILY TYPE GOVERNMENT QUARTERS IN WHICH HE UTILIZED HIS OWN HOUSEHOLD GOODS. DUE TO THE CONTINUING CUTBACK IN PERSONNEL AND IN THE BASE SUPPORT FACILITIES, MR. FLORIO WAS ADVISED THAT HE'D HAVE TO VACATE HIS QUARTERS NOT LATER THAN MARCH 1971 AND THAT WAREHOUSE FACILITIES WOULD NOT BE AVAILABLE FOR STORAGE OF HIS HOUSEHOLD GOODS.

"D. ARRANGEMENTS WERE MADE FOR MR. FLORIO TO OCCUPY FAMILY TYPE GOVERNMENT QUARTERS UNDER THE JURISDICTION OF ANOTHER GOVERNMENT AGENCY. THESE QUARTERS WERE COMPLETELY FURNISHED. MR. FLORIO COULD NOT USE HIS HOUSEHOLD GOODS, AND GOVERNMENT STORAGE FACILITIES WERE NOT AVAILABLE. THEREFORE, HIS HOUSEHOLD GOODS WERE SHIPPED TO THE UNITED STATES 1 MARCH 1971 AND PLACED IN TEMPORARY STORAGE. BY THE TIME MR. FLORIO RETURNED TO THE UNITED STATES ON 7 JUNE 1971, THE TEMPORARY STORAGE PERIOD OF 60 DAYS HAD EXPIRED AND HE WAS BILLED FOR AN ADDITIONAL STORAGE CHARGE OF $40.48 FOR WHICH HE IS CLAIMING REIMBURSEMENT."

SECTION 5726(B), TITLE 5, U.S.C. AUTHORIZES PAYMENT OF THE EXPENSES OF NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS, UNDER CERTAIN CIRCUMSTANCES, OF EMPLOYEES ASSIGNED TO PERMANENT DUTY STATIONS OUTSIDE THE CONTINENTAL UNITED STATES. THE REGULATIONS ISSUED IN IMPLEMENTATION OF SUCH PROVISION OF LAW AND IN EFFECT ON THE DATE (JUNE 18, 1969) MR. FLORIO WAS TRANSFERRED TO HIS PERMANENT POST OF DUTY IN JAPAN ARE CONTAINED IN SECTION 6.7 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, AND ALSO IN SECTION C7052(3)(C) OF THE JOINT TRAVEL REGULATIONS, VOLUME 2. SECTION C7052(3)(C) PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"NONTEMPORARY STORAGE

"(1) GENERAL. AN EMPLOYEE STATIONED AT, AN EMPLOYEE TRANSFERRED TO, OR A NEW APPOINTEE FOR ASSIGNMENT TO, AN OVERSEAS PERMANENT DUTY STATION MAY BE ALLOWED NONTEMPORARY STORAGE OF HIS HOUSEHOLD GOODS AS PROVIDED IN SUBPARS. (2) THROUGH (4). THE EMPLOYEE OR NEW APPOINTEE MAY BE AUTHORIZED TO STORE A PORTION OF HIS HOUSEHOLD GOODS AND TO HAVE THE REMAINDER TRANSPORTED TO THE PERMANENT DUTY STATION UNLESS IT IS TO A STATION TO WHICH HE IS NOT AUTHORIZED TO TAKE, OR AT WHICH HE IS UNABLE TO USE, ANY OF HIS HOUSEHOLD GOODS. IF AN EMPLOYEE'S GOODS ARE PLACED IN NONTEMPORARY STORAGE BECAUSE HE IS NOT AUTHORIZED TO TAKE, OR IS UNABLE TO USE, HIS GOODS AT AN OVERSEAS PERMANENT DUTY STATION, HE MAY REQUEST WITHDRAWAL AND BE AUTHORIZED SHIPMENT WHEN THAT SITUATION NO LONGER EXISTS AND THE GOODS ARE REQUIRED FOR USE DURING A CURRENT TOUR OF DUTY OR WHEN A RENEWAL AGREEMENT IS EXECUTED. HOWEVER, THE WEIGHT OF THE HOUSEHOLD GOODS PLACED IN STORAGE, PLUS THE WEIGHT OF THE HOUSEHOLD GOODS SHIPPED, WILL NOT EXCEED THE APPLICABLE WEIGHT ALLOWANCE TO WHICH THE EMPLOYEE IS ENTITLED. THE CONVERSION OF HOUSEHOLD GOODS FROM TEMPORARY TO NONTEMPORARY STORAGE AT GOVERNMENT EXPENSE, AND FROM STORAGE AT PERSONAL EXPENSE TO NONTEMPORARY STORAGE AT GOVERNMENT EXPENSE, MAY BE AUTHORIZED WHEN THE EMPLOYEE OR NEW APPOINTEE IS OTHERWISE ENTITLED TO IT.

"(2) ELIGIBILITY. TO BE ELIGIBLE FOR NONTEMPORARY STORAGE ONE OF THE FOLLOWING CONDITIONS MUST BE MET:

"1. THE PERMANENT DUTY STATION IS ONE TO WHICH HE IS NOT AUTHORIZED TO TAKE OR AT WHICH HE IS UNABLE TO USE HIS HOUSEHOLD GOODS,

"2. THE STORAGE IS AUTHORIZED IN THE PUBLIC INTEREST,

"3. THE ESTIMATED COST OF STORAGE WOULD BE LESS THAN THE COST OF ROUND TRIP TRANSPORTATION (INCLUDING TEMPORARY STORAGE) OF THE HOUSEHOLD GOODS TO THE NEW PERMANENT DUTY STATION."

THE DEFINITION GIVEN "NONTEMPORARY STORAGE" MAY BE FOUND IN SECTION 1.2F OF THE ABOVE-CITED CIRCULAR NO. A-56.

IN ACCORDANCE WITH THE ABOVE LAW AND REGULATIONS, WE SEE NO REASON WHY REIMBURSEMENT MAY NOT BE MADE TO MR. FLORIO FOR THE TRANSPORTATION AND NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS SINCE THEY WERE RETURNED TO THE UNITED STATES FOR REASONS BEYOND HIS CONTROL; TO WIT, HIS ASSIGNMENT TO FAMILY-TYPE GOVERNMENT QUARTERS WHICH WERE COMPLETELY FURNISHED AND THE NONAVAILABILITY OF GOVERNMENT STORAGE FACILITIES. SEE B-137605, APRIL 4, 1967, COPY ENCLOSED.

THE SUPPLEMENTAL VOUCHER AND ACCOMPANYING PAPERS ARE RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE FOREGOING.