B-149023, JUL. 13, 1962
Highlights
THAT TRAVEL ORDER WAS AMENDED ON MARCH 30. WAS APRIL 11. THE STORAGE OF YOUR HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WAS NOT AUTHORIZED AFTER THAT DATE. WAS MADE BY THE ADMINISTRATIVE OFFICE DIRECT TO THE STORAGE COMPANY ON VOUCHER NO. 1577. YOU HAVE BEEN PAID ALL THE EXPENSES FOR THE STORAGE OF YOUR HOUSEHOLD GOODS TO WHICH YOU ARE ENTITLED. AMOUNTING TO $52.50 WERE INCURRED THROUGH NO FAULT OF YOUR OWN BUT BY THE NEGLIGENCE OF AN EMPLOYEE OF THE DEPARTMENT OF STATE. WHILE THERE IS NOTHING OF RECORD SHOWING NEGLIGENCE ON THE PART OF ANY STATE DEPARTMENT EMPLOYEE IN INCURRING THIS ADDITIONAL ABSENCE OF STATUTORY PROVISIONS PROVIDING OTHERWISE. THE GOVERNMENT IS NOT LIABLE FOR THE NONFEASANCE.
B-149023, JUL. 13, 1962
TO MISS HELEN C. BRADY:
YOUR LETTER OF MAY 10, 1962, REQUESTS REVIEW OF OUR SETTLEMENT OF JUNE 15, 1961, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT OF $100 COVERING THE STORAGE OF YOUR HOUSEHOLD GOODS FROM JUNE 30, 1959, TO FEBRUARY 28, 1961, AS AN EMPLOYEE OF THE FOREIGN SERVICE, DEPARTMENT OF STATE.
THE RECORD SHOWS YOU STORED YOUR HOUSEHOLD GOODS AT PORTLAND, OREGON, UNDER TRAVEL ORDER NO. 0-12430 WHICH AUTHORIZED STORAGE FOR THE PERIOD BEGINNING JULY 1, 1959, TO JUNE 30, 1960. HOWEVER, THAT TRAVEL ORDER WAS AMENDED ON MARCH 30, 1960, TO CANCEL AUTHORITY FOR STORAGE OF EFFECTS EFFECTIVE CONCURRENT WITH YOUR LAST DAY OF DUTY IN BAGHDAD, IRAQ. THE RECORDS FURTHER SHOW YOUR LAST DAY OF DUTY AT YOUR OVERSEAS POST AT BAGHDAD, IRAQ, WAS APRIL 11, 1960, AND THEREFORE, UNDER YOUR TRAVEL ORDERS AND THE REGULATIONS OF THE DEPARTMENT OF STATE, IFSM III 161.72, THE STORAGE OF YOUR HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WAS NOT AUTHORIZED AFTER THAT DATE. A PAYMENT OF $47.50 FOR THE STORAGE OF YOUR GOODS FOR THE PERIOD FROM JUNE 30, 1959, TO APRIL 11, 1960, WAS MADE BY THE ADMINISTRATIVE OFFICE DIRECT TO THE STORAGE COMPANY ON VOUCHER NO. 1577.
IN THE ABSENCE OF AN AUTHORIZATION IN YOUR TRAVEL ORDERS FOR THE PAYMENT OF ADDITIONAL STORAGE AFTER APRIL 11, 1960, YOU HAVE BEEN PAID ALL THE EXPENSES FOR THE STORAGE OF YOUR HOUSEHOLD GOODS TO WHICH YOU ARE ENTITLED.
YOU SAY THAT THE ADDITIONAL CHARGES FOR STORAGE FROM APRIL 11, 1960, TO FEBRUARY 28, 1961, AMOUNTING TO $52.50 WERE INCURRED THROUGH NO FAULT OF YOUR OWN BUT BY THE NEGLIGENCE OF AN EMPLOYEE OF THE DEPARTMENT OF STATE. WHILE THERE IS NOTHING OF RECORD SHOWING NEGLIGENCE ON THE PART OF ANY STATE DEPARTMENT EMPLOYEE IN INCURRING THIS ADDITIONAL ABSENCE OF STATUTORY PROVISIONS PROVIDING OTHERWISE, THE GOVERNMENT IS NOT LIABLE FOR THE NONFEASANCE, MISFEASANCE OR NEGLIGENCE OF ITS OFFICERS OR EMPLOYEES. SEE GERMAN BANK OF MEMPHIS V. UNITED STATES, 148 U.S. 573.
THEREFORE, THE DISALLOWANCE OF YOUR CLAIM FOR STORAGE CHARGES AFTER APRIL 11, 1960, WAS PROPER, AND, UPON REVIEW, THE SETTLEMENT IS SUSTAINED.