B-178240, MAY 25, 1973, 52 COMP GEN 881

B-178240, MAY 25, 1973, 52 COMP GEN 881

STORAGE - HOUSEHOLD EFFECTS - NONTEMPORARY AN EMPLOYEE WHO INCIDENT TO REINSTATEMENT TO A PERMANT POSITION AT AN ISOLATED DUTY STATION IN THE CONTINENTAL UNITED STATES WITHIN 1 YEAR AFTER SEPARATION BY REDUCTION-IN-FORCE ACTION OVERSEAS PLACES HIS HOUSEHOLD EFFECTS IN NONTEMPORARY STORAGE, ALTHOUGH ENTITLED TO THE BENEFITS PROVIDED IN 5 U.S.C. 5724AC) AS THOUGH HE HAD BEEN TRANSFERRED IN THE INTERESTS OF THE GOVERNMENT WITHOUT A BREAK IN SERVICE TO THE LOCATION OF REEMPLOYMENT FROM THE SEPARATION LOCATION, MAY NOT BE REIMBURSED FOR THE COST OF THE NONTEMPORARY STORAGE OCCASIONED BY THE ISOLATED DUTY STATION ASSIGNMENT SINCE THIS EXPENSE IS SPECIFICALLY EXCLUDED BY SECTION 1.3A(7) OF THE OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULAR NO. A-56, WHICH IMPLEMENTS 5 U.S.C. 5724AC). HOWEVER, PURSUANT TO 5 U.S.C. 5724(A)(2), 60 DAYS TEMPORARY STORAGE, LIMITED TO THE AUTHORIZED WEIGHT PRESCRIBED BY SECTION 6, OMB CIRCULAR NO. A-56, MAY BE PAID TO THE EMPLOYEE.

TO W. W. BAHLE, DEPARTMENT OF THE ARMY, MAY 25, 1973:

THIS REFERS TO YOUR LETTER OF DECEMBER 13, 1972, WITH ENCLOSURES, REFERENCE MRODC-F, FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE ON MARCH 15, 1973, PDTATAC CONTROL NO. 73-9, REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY TO PAY MR. GUY THORNTON $1,323 REPRESENTING NONTEMPORARY STORAGE OF HOUSEHOLD GOODS AND RELATED COSTS WHILE ASSIGNED TO AN ISOLATED DUTY STATION UNDER THE CIRCUMSTANCES RELATED BELOW.

THE PAPERS ACCOMPANYING THE CLAIM SHOW THAT MR. THORNTON WAS SEPARATED BY REDUCTION-IN-FORCE (RIF) ACTION FROM HIS POSITION WITH THE NAVAL FACILITIES ENGINEERING COMMAND, BANGKOK, THAILAND, ON NOVEMBER 21, 1969, AND RETURNED TO HIS HOME OF RECORD WHICH WAS MEMPHIS, TENNESSEE. OCTOBER 10, 1970, MR. THORNTON WAS REINSTATED WITH THE DEPARTMENT OF THE ARMY AS A CONSTRUCTION REPRESENTATIVE, U.S. ARMY ENGINEER DISTRICT, OMAHA, WITH HIS DUTY STATION AT LANGDON, NORTH DAKOTA. HE REPORTED FOR DUTY ON OR ABOUT OCTOBER 12, 1970. HIS FAMILY REMAINED IN MEMPHIS, TENNESSEE, UNTIL MARCH 1, 1971, WHEN THEY PLACED THEIR HOUSEHOLD GOODS IN NONTEMPORARY STORAGE AND JOINED MR. THORNTON IN NORTH DAKOTA. HIS HOUSEHOLD GOODS WERE IN STORAGE FROM APRIL 29, 1971, TO SEPTEMBER 29, 1972.

THE FILE WAS REVIEWED BY THE DOD PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE AND A COPY OF ITS REPORT DATED SEPTEMBER 21, 1972, WAS FORWARDED WITH YOUR LETTER. AFTER CONSIDERING THE APPLICABLE STATUTE AND REGULATIONS IT WAS SUGGESTED THAT IN VIEW OF THE SEPARATION AND PLACEMENT WITHIN 1 YEAR IT WAS POSSIBLE THAT THE PROHIBITION IN THE REGULATION ON NONTEMPORARY STORAGE OF HOUSEHOLD GOODS MAY RELATE ONLY TO THE PERIOD THE INDIVIDUAL WAS IN A NONEMPLOYMENT STATUS BY REASON OF THE RIF. THE TRAVEL STATUTES AND THE IMPLEMENTING REGULATIONS IN OFFICE OF MANAGEMENT BUDGET CIRCULAR NO. A-56 HAVE REFERENCE TO TRAVEL AND TRANSPORTATION EXPENSES AND OTHER ALLOWANCES TO CIVILIAN EMPLOYEES OF THE UNITED STATES UPON TRANSFER OF OFFICIAL STATION. THE TERM "EMPLOYEE" IS DEFINED IN SECTION 1.2B OF CIRCULAR NO. A-56 TO MEAN A CIVILIAN OFFICER OR EMPLOYEE OF A DEPARTMENT AS DEFINED THEREIN. DURING THE PERIOD MR. THORNTON WAS IN A NON- EMPLOYMENT STATUS HE COULD NOT BE CONSIDERED AS AN EMPLOYEE OF THE UNITED STATES AND ACCORDINGLY THE TRAVEL STATUS WOULD NOT BE APPLICABLE TO HIM. HENCE WE DO NOT BELIEVE THE REGULATION MAY BE VIEWED AS RELATING TO THE PERIOD MR. THORNTON WAS IN A RIF STATUS.

SECTION 5724AC) OF TITLE 5 OF THE U.S.C. READS:

UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, A FORMER EMPLOYEE SEPARATED BY REASON OF REDUCTION IN FORCE OR TRANSFER OF FUNCTION WHO WITHIN 1 YEAR AFTER THE SEPARATION IS REEMPLOYED BY A NONTEMPORARY APPOINTMENT AT A DIFFERENT GEOGRAPHICAL LOCATION FROM THAT WHERE THE SEPARATION OCCURRED MAY BE ALLOWED AND PAID THE EXPENSES AUTHORIZED BY SECTIONS 5724, 5725, 5726(B), AND 5727 OF THIS TITLE, AND MAY RECEIVE THE BENEFITS AUTHORIZED BY SUBSECTIONS (A) AND (B) OF THIS SECTION, IN THE SAME MANNER AS THOUGH HE HAD BEEN TRANSFERRED IN THE INTEREST OF THE GOVERNMENT WITHOUT A BREAK IN SERVICE TO THE LOCATION OF REEMPLOYMENT FROM THE LOCATION WHERE SEPARATED.

SECTION 1.3A(7) OF CIRCULAR NO. A-56 IN IMPLEMENTATION OF 5 U.S.C. 5724AC) READS:

A FORMER EMPLOYEE SEPARATED BY REASON OF REDUCTION IN FORCE OR TRANSFER OF FUNCTION WHO, WITHIN ONE YEAR OF THE DATE OF SEPARATION, IS REEMPLOYED BY A DEPARTMENT FOR A NONTEMPORARY APPOINTMENT EFFECTIVE ON OR AFTER JULY 21, 1966, AT A DIFFERENT PERMANENT DUTY STATION FROM THAT WHERE THE SEPARATION OCCURRED, MAY BE ALLOWED AND PAID THE EXPENSES AND OTHER ALLOWANCES (EXCLUDING NONTEMPORARY STORAGE WHEN ASSIGNED TO AN ISOLATED PERMANENT DUTY STATION WITHIN THE CONTINENTAL UNITED STATES) IN THE SAME MANNER AS THOUGH HE HAD BEEN TRANSFERRED IN THE INTEREST OF THE GOVERNMENT TO THE PERMANENT DUTY STATION WHERE REEMPLOYED, FROM THE PERMANENT DUTY STATION WHERE SEPARATED, WITHOUT A BREAK IN SERVICE, AND SUBJECT TO THE ELIGIBILITY LIMITATIONS AS PRESCRIBED IN THESE REGULATIONS.

PARAGRAPH C4101C OF THE JOINT TRAVEL REGULATIONS (JTR), VOLUME 2, CONCERNING NONTEMPORARY STORAGE OF HOUSEHOLD GOODS OF A FORMER EMPLOYEE AFFECTED BY A RIF AND WHO IS REEMPLOYED PROVIDES IN PART THAT:

*** IN CONNECTION WITH REEMPLOYMENT AFTER SEPARATION, NONTEMPORARY STORAGE OF HOUSEHOLD GOODS IS NOT AUTHORIZED WHEN THE EMPLOYEE IS ASSIGNED TO AN ISOLATED DUTY STATION WITHIN THE CONTINENTAL UNITED STATES.

SECTION 5724AC) OF TITLE 5 OF THE U.S.C. ONLY ALLOWS REIMBURSEMENT OF EXPENSES THAT ARE AUTHORIZED BY SPECIFIC SECTIONS OF TITLE 5 OF THE U.S.C. TO AN EMPLOYEE WHO IS SEPARATED BY REASON OF A RIF AND IS REEMPLOYED BY A NONTEMPORARY APPOINTMENT WITHIN 1 YEAR AFTER THE DATE OF SEPARATION. ONE OF THE REFERENCED SECTIONS, SECTION 5726(B), PERTAINS TO STORAGE BUT ONLY COVERS STORAGE OF HOUSEHOLD GOODS WHEN AN EMPLOYEE IS ASSIGNED TO A PERMANENT DUTY STATION OUTSIDE THE CONTINENTAL UNITED STATES. SINCE SECTION 5726(C), THE AUTHORITY FOR NON-TEMPORARY STORAGE EXPENSES OF EMPLOYEES ASSIGNED TO A PERMANENT DUTY STATION AT AN ISOLATED LOCATION IN THE CONTINENTAL UNITED STATES, IS NOT INCLUDED AS ONE OF THE SECTIONS TO WHICH SECTION 5724AC) APPLIES, THERE IS NO BASIS UNDER THE LAW TO REIMBURSE EMPLOYEES IN MR. THORNTON'S CIRCUMSTANCES FOR NONTEMPORARY STORAGE.

SECTION 5724(A)(2) OF TITLE 5 OF THE U.S.C. AUTHORIZES THE EXPENSES OF TRANSPORTING, PACKING, CRATING, TEMPORARILY STORING, DRAYAGE, AND UNPACKING HOUSEHOLD GOODS AND PERSONAL EFFECTS NOT IN EXCESS OF 11,000 POUNDS OF AN EMPLOYEE WHO IS TRANSFERRED. MR. THORNTON UNDER THAT PROVISION OF LAW WOULD BE ENTITLED TO 60 DAYS TEMPORARY STORAGE OF HIS HOUSEHOLD GOODS NOT TO EXCEED THE AUTHORIZED WEIGHT LIMITATION AS PROVIDED IN SECTION 6 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A 56, IMPLEMENTING SECTION 5724(A)(2) OF TITLE 5 OF THE U.S.C.

THE VOUCHER, WITH ENCLOSURES, IS RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE ABOVE.