B-142462, JUN. 9, 1966, 45 COMP. GEN. 771

B-142462, JUN. 9, 1966, 45 COMP. GEN. 771

STORAGE - HOUSEHOLD EFFECTS - MILITARY PERSONNEL - REMOVAL FROM STORAGE PRIOR TO NEW ORDERS THE REMOVAL OF HOUSEHOLD GOODS FROM NONTEMPORARY STORAGE PRIOR TO THE ISSUANCE OF NEW PERMANENT CHANGE-OF-STATION ORDERS FOR DELIVERY TO THE SAME LOCAL AREA FROM WHICH THE HOUSEHOLD GOODS WERE PLACED IN STORAGE MAY BE AUTHORIZED AS AN ALTERNATIVE TO CONTINUED STORAGE WHEN CHANGED CIRCUMSTANCES NECESSITATE THAT DEPENDENTS RETURN TO OR REMAIN AT OR IN THE VICINITY OF THE OLD STATION AFTER PLACEMENT OF THE EFFECTS IN STORAGE, AND PARAGRAPH M8101 OF THE JOINT TRAVEL REGULATIONS AMENDED ACCORDINGLY, DRAYAGE AND RELATED CHARGES FOR DELIVERY AND THE PICKUP OF EFFECTS INCIDENT TO NONTEMPORARY STORAGE IN THE UNITED STATES UNDER 37 U.S.C. 406 (D) IN LIEU OF SHIPMENT BEING REIMBURSABLE AS ACCESSORIAL CHARGES ON THE BASIS OF THE SAME PERMANENT CHANGE-OF-STATION ORDERS, ACCESSORIAL CHARGES FOR DRAYAGE AND HANDLING OUT OF AS WELL AS INTO STORAGE MAY BE AUTHORIZED INCIDENT TO STORAGE AND PAID UNDER THE SAME PERMANENT CHANGE-OF-STATION ORDERS; HOWEVER, ANY OTHER MOVEMENT OR RESTORAGE OF THE EFFECTS WOULD REQUIRE FURTHER PERMANENT CHANGE-OF STATION ORDERS, EXCEPT WHEN AUTHORIZED PURSUANT TO 37 U.S.C. 406 (E) AND 406 (H).

TO THE SECRETARY OF THE ARMY, JUNE 9, 1966:

FURTHER REFERENCE IS MADE TO LETTER OF APRIL 14, 1966, FROM THE UNDER SECRETARY OF THE ARMY REQUESTING A DECISION WHETHER THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO AUTHORIZE THE REMOVAL OF HOUSEHOLD GOODS FROM NONTEMPORARY STORAGE PRIOR TO THE ISSUANCE OF NEW PERMANENT CHANGE-OF -STATION ORDERS, WHEN SUCH REMOVAL IS FOR DELIVERY TO THE SAME LOCAL AREA FROM WHICH THE HOUSEHOLD GOODS WERE PLACED IN STORAGE. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 66-18 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

IN SUPPORT OF THE REQUEST THE UNDER SECRETARY SAYS THAT THE OPINION HAS BEEN EXPRESSED THAT THE OMISSION IN THE CURRENT REGULATIONS WORKS HARDSHIPS ON MEMBERS ASSIGNED OVERSEAS WITH CONCURRENT TRAVEL OF DEPENDENTS AUTHORIZED. THE PLACEMENT OF HOUSEHOLD GOODS INTO NON TEMPORARY STORAGE IS BASED UPON CIRCUMSTANCES EXISTING AT THE TIME THE HOUSEHOLD GOODS WERE PLACED IN STORAGE. THE UNDER SECRETARY SAYS THAT IF, AFTER SUCH ACTION, THERE DEVELOPS A NEW SET OF CIRCUMSTANCES WHICH NECESSITATES THAT THE DEPENDENTS RETURN TO OR REMAIN AT OR IN THE VICINITY OF THE OLD STATION, THEY HAVE A PROBLEM IN OBTAINING POSSESSION OF THEIR HOUSEHOLD GOODS SINCE THE REGULATIONS ONLY PROVIDE FOR REMOVAL FROM NONTEMPORARY STORAGE INCIDENT TO THE NEXT PERMANENT CHANGE-OF-STATION ORDERS.

THE UNDER SECRETARY POINTS OUT THAT IN DECISION B-142462 DATED MAY 6, 1960, NO OBJECTION WAS RAISED TO A PROPOSED CHANGE TO THE JOINT TRAVEL REGULATIONS TO AUTHORIZE NONTEMPORARY STORAGE OF HOUSEHOLD GOODS AS AN ALTERNATIVE TO SHIPMENT OF ANY PORTION OR ALL OF A MEMBER'S PRESCRIBED WEIGHT ALLOWANCE OF HOUSEHOLD GOODS WHENEVER THE STORAGE IS DETERMINED TO BE IN THE BEST INTEREST OF THE GOVERNMENT. THAT DECISION RELATED TO AN ALTERNATE RIGHT TO EITHER SHIPMENT OR STORAGE INCIDENT TO A PERMANENT CHANGE OF STATION. IT IS ARGUED, HOWEVER, THAT THE AMENDMENT NOW PROPOSED WOULD BE IN THE BEST INTERESTS OF THE GOVERNMENT IN THAT THE COST INVOLVED IN THE REMOVAL OF THE HOUSEHOLD GOODS FROM NONTEMPORARY STORAGE WOULD BE OFFSET BY THE SAVINGS REALIZED BY THE DISCONTINUANCE OF STORAGE BEFORE THE PERIOD OF ENTITLEMENT THERETO WOULD HAVE OTHERWISE TERMINATED.

THE PROPOSED PROVISION WOULD REVISE PARAGRAPH M8101 BY ADDING A NEW SUBPARAGRAPH AS FOLLOWS:

8. WITHDRAWAL OF HOUSEHOLD GOODS FROM NONTEMPORARY STORAGE AS AN ALTERNATIVE TO CONTINUED STORAGE. A MEMBER WHOSE HOUSEHOLD GOODS WERE PLACED IN NONTEMPORARY STORAGE AT GOVERNMENT EXPENSE IS ENTITLED TO WITHDRAWAL ALL OR ANY PORTION OF HIS AUTHORIZED WEIGHT ALLOWANCE OF HOUSEHOLD GOODS FROM STORAGE IN LIEU OF HIS ENTITLEMENT TO CONTINUED NONTEMPORARY STORAGE PROVIDED THE ARTICLES WITHDRAWN ARE FOR USE BY THE DEPENDENTS IN ESTABLISHING OR AUGMENTING A PLACE OF RESIDENCE. THE COST OF WITHDRAWAL AND DRAYAGE SHALL BE AT GOVERNMENT EXPENSE.

SECTION 406 (B) OF TITLE 37 OF THE U.S.C. PROVIDES FOR TRANSPORTATION, INCLUDING DRAYAGE, OF BAGGAGE AND HOUSEHOLD EFFECTS IN CONNECTION WITH A TEMPORARY OR PERMANENT CHANGE OF STATION. AS AN ALTERNATIVE TO SHIPMENT SECTION 406 (D) OF THE SAME TITLE PROVIDES FOR NONTEMPORARY STORAGE OF BAGGAGE AND HOUSEHOLD EFFECTS IN FACILITIES OF THE UNITED STATES, OR IN COMMERCIAL FACILITIES WHEN IT IS CONSIDERED TO BE MORE ECONOMICAL TO THE UNITED STATES. PURSUANT TO SUCH STATUTORY AUTHORITY PARAGRAPH M8051 OF THE JOINT TRAVEL REGULATIONS PROVIDES FOR DRAYAGE AS NECESSARY IN CONNECTION WITH ORDERED CHANGES OF STATION, INCLUDING INTRACITY DRAYAGE IN CONNECTION WITH A PERMANENT CHANGE OF STATION, AND FROM PLACE OF STORAGE TO QUARTERS. UNDER PART B OF CHAPTER 8 OF THE JOINT TRAVEL REGULATIONS, DRAYAGE AND OTHER CHARGES DIRECTLY RELATED TO SHIPMENT OF HOUSEHOLD EFFECTS ARE REIMBURSABLE AS ACCESSORIAL CHARGES INCIDENT TO THE SHIPMENT. THE PAYMENT OF SUCH CHARGES APPLICABLE TO DELIVERY AS WELL AS PICKUP OF THE EFFECTS IS AUTHORIZED ON THE BASIS OF THE SAME PERMANENT CHANGE-OF- STATION ORDER. SINCE NONTEMPORARY STORAGE IS PROVIDED IN LIEU OF SHIPMENT WE SEE NO SOUND REASON WHY ACCESSORIAL CHARGES SUCH AS DRAYAGE AND HANDLING OUT OF AS WELL AS INTO STORAGE ARE NOT LIKEWISE TO BE VIEWED AS INCIDENT TO THE STORAGE AND PAYABLE ON THE BASIS OF THE SAME PERMANENT CHANGE-OF-STATION ORDERS. IN THIS REGARD IT MAY BE NOTED, THAT PARAGRAPH 3.4B (2), BUREAU OF BUDGET CIRCULAR NO. A-56, APRIL 30, 1962, RELATING TO NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS OF CIVILIAN EMPLOYEES AUTHORIZED BY 5 U.S.C. 73B-1 (E), PROVIDES SPECIFICALLY THAT:

ALLOWABLE COSTS FOR STORING THE PROPERTY INCLUDE THE COST OF NECESSARY PACKING, CRATING, UNPACKING, UNCRATING, TRANSPORTATION TO AND FROM PLACE OF STORAGE, CHARGES WHILE IN STORAGE, AND OTHER NECESSARY CHARGES DIRECTLY RELATING TO THE STORAGE.

ACCORDINGLY, THE QUESTION IS ANSWERED IN THE AFFIRMATIVE. ANY OTHER MOVEMENT OR RESTORAGE OF THE EFFECTS AT GOVERNMENT EXPENSE OF COURSE WOULD NOT BE PROPER PRIOR TO THE ISSUANCE OF FURTHER PERMANENT CHANGE OF-STATION ORDERS EXCEPT AS MAY BE PROVIDED UNDER AUTHORITY OF 37 U.S.C. 406 (E) AND 406 (H).