B-89481, NOVEMBER 23, 1949, 29 COMP. GEN. 232

B-89481: Nov 23, 1949

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STORAGE - HOUSEHOLD EFFECTS - PRIOR TO CHANGE OF STATION ORDERS CHARGES FOR THE TEMPORARY STORAGE OF AN EMPLOYEE'S HOUSEHOLD EFFECTS INCURRED PRIOR TO THE ISSUANCE OF ORDERS AUTHORIZING THE TRANSFER OF HIS OFFICIAL STATION ARE REIMBURSABLE AT THE COMMUTED RATE PRESCRIBED IN SECTION 12 (B) OF EXECUTIVE ORDER NO. 9805. PROVIDED THERE IS A FACTUAL SHOWING THAT SUCH EXPENSES WERE INCURRED AS A NECESSARY INCIDENT TO THE CHANGE OF STATION ORDERS. 1949: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 19. SINCE THE HOUSEHOLD EFFECTS WERE PLACED IN STORAGE PRIOR TO THE ISSUANCE OF PROPER AUTHORIZATION FOR TRANSFER OF THE SAID EMPLOYEE'S OFFICIAL STATION. IT APPEARS THAT THE SUBJECT EMPLOYEE WAS ADVISED BY HIS IMMEDIATE SUPERIOR THAT HE WAS TO BE DETAILED TO CANADA AND THAT.

B-89481, NOVEMBER 23, 1949, 29 COMP. GEN. 232

STORAGE - HOUSEHOLD EFFECTS - PRIOR TO CHANGE OF STATION ORDERS CHARGES FOR THE TEMPORARY STORAGE OF AN EMPLOYEE'S HOUSEHOLD EFFECTS INCURRED PRIOR TO THE ISSUANCE OF ORDERS AUTHORIZING THE TRANSFER OF HIS OFFICIAL STATION ARE REIMBURSABLE AT THE COMMUTED RATE PRESCRIBED IN SECTION 12 (B) OF EXECUTIVE ORDER NO. 9805, AS ADDED BY EXECUTIVE ORDER NO. 9933, PROVIDED THERE IS A FACTUAL SHOWING THAT SUCH EXPENSES WERE INCURRED AS A NECESSARY INCIDENT TO THE CHANGE OF STATION ORDERS.

ACTING COMPTROLLER GENERAL YATES TO W. R. DILLON, DEPARTMENT OF THE INTERIOR, NOVEMBER 23, 1949:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 19, 1949, TRANSMITTING A VOUCHER IN FAVOR OF RAE O. SJOSTROM, IN THE AMOUNT OF $87.31, REPRESENTING EXPENSES INCURRED BY HIM INCIDENT TO THE STORAGE OF HIS HOUSEHOLD EFFECTS IN ANTICIPATION OF AN INTENDED TRANSFER OF OFFICIAL STATION. SINCE THE HOUSEHOLD EFFECTS WERE PLACED IN STORAGE PRIOR TO THE ISSUANCE OF PROPER AUTHORIZATION FOR TRANSFER OF THE SAID EMPLOYEE'S OFFICIAL STATION, AND SINCE THE WAREHOUSE COMPANY INVOLVED MADE NO CHARGE FOR THE FIRST 60 DAYS OF ACTUAL STORAGE, YOU REQUEST A DECISION WHETHER THE SUBMITTED VOUCHER LEGALLY MAY BE CERTIFIED FOR PAYMENT.

FROM THE FACTS REPORTED, IT APPEARS THAT THE SUBJECT EMPLOYEE WAS ADVISED BY HIS IMMEDIATE SUPERIOR THAT HE WAS TO BE DETAILED TO CANADA AND THAT, UPON HIS RETURN FROM SUCH DETAIL, HIS OFFICIAL STATION WOULD BE TRANSFERRED FROM ANNA, ILLINOIS, TO ST. PAUL, MINNESOTA. ON APRIL 23, 1948, PRIOR TO HIS DEPARTURE FOR CANADA AND IN ANTICIPATION OF THE INTENDED TRANSFER OF OFFICIAL STATION, THE EMPLOYEE PLACED HIS HOUSEHOLD EFFECTS IN STORAGE AT MARION, ILLINOIS--- THE NEAREST POINT TO ANNA WHERE STORAGE FACILITIES WERE AVAILABLE. THE ORDER AUTHORIZING THE TRANSFER OF OFFICIAL STATION WAS ISSUED EFFECTIVE JULY 11, 1948, AND ON SEPTEMBER 10, 1948, THE EMPLOYEE SHIPPED HIS HOUSEHOLD EFFECTS FROM STORAGE AT MARION, ILLINOIS, TO HIS NEW RESIDENCE AT SHAKOPEE, MINNESOTA, AND THE EXPENSES INCIDENT THERETO WERE PAID BY THE GOVERNMENT UPON THE BASIS OF THE ESTABLISHED COMMUTED RATE FOR THE DISTANCE SHIPPED--- THE SUM ALLOWED PRESUMABLY BEING NOT IN EXCESS OF THAT WHICH WOULD HAVE BEEN ALLOWED HAD THE SHIPMENT ORIGINATED AT ANNA, ILLINOIS.

ALTHOUGH THE HOUSEHOLD EFFECTS WERE IN STORAGE FROM APRIL 23 TO SEPTEMBER 10, 1948, THE STORAGE COMPANY INVOLVED CHARGED FOR ONLY TWO MONTHS--- JULY AND AUGUST--- TO SAVE THE EMPLOYEE FROM PAYMENT OF WAREHOUSE HANDLING CHARGES, AND THE EMPLOYEE CLAIMS REIMBURSEMENT FOR SAID MONTHS AT THE ESTABLISHED COMMUTED RATES, NOT IN EXCESS OF THE ACTUAL AMOUNT PAID FOR SUCH SERVICE. HE ALSO CLAIMS AN ADDITIONAL AMOUNT OF $1.81 REPRESENTING A THREE PERCENT FEDERAL TRANSPORTATION TAX.

SECTION 12 (B) OF EXECUTIVE ORDER 9805, AS ADDED BY EXECUTIVE ORDER 9933, DATED FEBRUARY 28, 1948, AUTHORIZES THE PAYMENT OF ACTUAL EXPENSES FOR TEMPORARY STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IN THE CASE OF TRANSFERS BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES AT NOT TO EXCEED THE COMMUTED RATE OF $1.60 PER CWT. FOR THE FIRST 30 DAYS OF STORAGE, PLUS 40 CENTS PER CWT. FOR THE NEXT 30 DAYS. ALTHOUGH THE REFERRED TO REGULATIONS DO NOT NECESSARILY FORECLOSE THE PAYMENT OF TEMPORARY STORAGE FOR A PERIOD PRIOR TO THE ISSUANCE OF ORDERS AUTHORIZING A TRANSFER OF OFFICIAL STATION (B-79837, OCTOBER 18, 1948), IT IS NECESSARY IN ANY SUCH CASE THAT THE PAYMENT BE SUPPORTED BY A FACTUAL SHOWING FROM WHICH IT CAN BE DETERMINED THAT SUCH EXPENSES WERE INCURRED INCIDENT TO THE CHANGE OF STATION ORDERS.

IN THE INSTANCE CASE, THE FACTS OF RECORD ARE INSUFFICIENT FOR THIS OFFICE TO DETERMINE WHETHER THE STORAGE OF THE EMPLOYEE'S HOUSEHOLD EFFECTS ON APRIL 23, 1948, WAS MADE NECESSARY BY THE INTENDED TRANSFER OF HIS OFFICIAL STATION TO ST. PAUL, MINNESOTA, OR THAT SUCH NECESSITY AROSE AT ANY TIME PRIOR OR SUBSEQUENT TO JULY 11, 1948, THE DATE ON WHICH THE TRANSFER ORDER ACTUALLY WAS ISSUED. NO INFORMATION HAS BEEN FURNISHED AS TO THE NECESSITY FOR CLOSING THE EMPLOYEE'S RESIDENCE AT ANNA AND PLACING HIS EFFECTS IN STORAGE IN APRIL 1948. IN OTHER WORDS, THE EVIDENCE ON FILE HERE DOES NOT SATISFACTORILY EXPLAIN WHY THE EMPLOYEE COULD NOT HAVE RETAINED RESIDENCE AT ANNA UNTIL THE TRANSFER OF STATION WAS ORDERED AND THEN SHIPPED HIS EFFECTS TO HIS NEW RESIDENCE WITHOUT INCURRING STORAGE CHARGES. ALSO, THERE IS NO SHOWING AS TO THE DATE OF THE EMPLOYEE'S RETURN FROM CANADA, WHETHER HE RETURNED TO THE OLD HEADQUARTERS FROM DUTY OR PERSONAL REASONS PRIOR TO PROCEEDING TO HIS OFFICIAL STATION, THE DATE OF HIS ENTRY ON DUTY AT THE NEW STATION, OR THE WHEREABOUTS OF HIS FAMILY FROM THE TIME OF HIS DEPARTURE FOR CANADA TO THE DATE OF HIS REPORTING TO HIS NEW STATION FOR DUTY. IN THE ABSENCE OF A SHOWING AS TO THE NECESSITY FOR INCURRING THE STORAGE EXPENSES INCIDENT TO THE CHANGE OF STATION ORDERS, THE SUBMITTED VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT.

THE SAID VOUCHER, TOGETHER WITH THE SUPPORTING PAPERS, IS RETURNED HEREWITH; HOWEVER, YOU ARE ADVISED THAT THE MATTER MAY BE RESUBMITTED IF THERE ARE AVAILABLE ANY ADDITIONAL FACTS WHICH WOULD WARRANT RECONSIDERATION OF THE CONCLUSION REACHED HEREIN.