B-129753, JAN. 18, 1957

B-129753, JAN. 18, 1957

TO MR. JOHN W. MOYER:

REFERENCE IS MADE TO YOUR LETTERS OF OCTOBER 29, 1956, AND JANUARY 3, 1957, REQUESTING RECONSIDERATION OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED OCTOBER 19, 1956, WHICH DISALLOWED YOUR CLAIM FOR AN ADDITIONAL AMOUNT ALLEGED TO BE DUE AS REIMBURSEMENT FOR EXPENSES INCURRED IN CONNECTION WITH THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS UPON RESIGNATION AS AN EMPLOYEE OF THE U.S. INFORMATION AGENCY.

THE RECORDS SHOW THAT WHILE YOU WERE ON HOME LEAVE IN CHICAGO, ILLINOIS, TRAVEL AUTHORIZATION NO. 4-0255-A, DATED JULY 2, 1954, WAS ISSUED WHICH AUTHORIZED YOU TO TRAVEL FROM CHICAGO TO WASHINGTON, D.C., FOR DUTY UPON COMPLETION OF THE LEAVE. THAT ORDER AMENDED TRAVEL AUTHORIZATION NO. 4- 0255, DATED FEBRUARY 19, 1954, TO CANCEL YOUR RETURN TRAVEL TO CALCUTTA, INDIA. TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS WAS AUTHORIZED FROM CALCUTTA TO WASHINGTON, D.C. SHORTLY AFTER REPORTING FOR DUTY IN WASHINGTON, D.C., YOU RESIGNED AND BY TRAVEL AUTHORIZATION NO. 5-072, DATED JULY 20, 1954, YOU WERE AUTHORIZED TO TRAVEL AT GOVERNMENT EXPENSE FROM WASHINGTON, D.C., TO CHICAGO. THE TRAVEL AUTHORIZATION ALSO AUTHORIZED THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM WASHINGTON, D.C. AND/OR WHERE INTERCEPTED EN ROUTE TO WASHINGTON, D.C., FROM CALCUTTA TO CHICAGO. TRAVEL AUTHORIZATION NO. 5-072-A, DATED NOVEMBER 5, 1954, AMENDED TRAVEL AUTHORIZATION NO. 5-072 BY EXTENDING THE TIME LIMITATION FOR THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS THROUGH DECEMBER 31, 1954.

IT APPEARS THAT YOUR HOUSEHOLD EFFECTS WEIGHING 9,241 POUNDS WERE SHIPPED FROM CALCUTTA AND ARRIVED AT THE WERNER BROS-KENNELLY COMPANY WAREHOUSE IN CHICAGO ON FEBRUARY 3, 1955.

YOUR CLAIM IS FOR REIMBURSEMENT FOR CHARGES PAID TO THE WERNER BROS KENNELLY COMPANY, INCIDENT TO THE SHIPMENT AND STORAGE OF YOUR EFFECTS BASED ON RECEIPT ACCOUNT NUMBER P-14599 IN THE AMOUNT OF $559.65, LESS $156.28 PREVIOUSLY PAID TO YOU. WE NOTE THAT THE ITEMS ON THE RECEIPT TOTAL ONLY $529.65 WHEREAS THE PAGE TOTALS INDICATE $559.65, WHICH LATTER SUM APPARENTLY WAS PAID TO THE STORAGE COMPANY BY YOU.

THE REGULATIONS WHICH ARE CONTROLLING IN DETERMINING THE AMOUNT OF REIMBURSEMENT TO WHICH YOU ARE ENTITLED ARE THOSE CONTAINED IN THE FOREIGN SERVICE TRAVEL REGULATIONS, SECTION 180 (PART III FOREIGN SERVICE MANUAL) IN EFFECT AT THE TIME SAID EFFECTS WERE DELIVERED TO CHICAGO. SECTION 5.2 (FSTR DATED JULY 17, 1953) READS, IN PERTINENT PART, AS FOLLOWS:

"ALLOWABLE TRANSPORTATION EXPENSES FOR THE SHIPMENT OF EFFECTS, * * *, SHALL INCLUDE THE COST OF:

"A. PACKING, CRATING, UNPACKING, AND NECESSARY INCIDENTAL CARTAGE * * *.

"G. CARTAGE AT DESTINATION FROM THE SHIPPING TERMINAL TO THE RESIDENCE OR PLACE OF STORAGE; OR, WHEN THE EFFECTS ARE STORED AT GOVERNMENT EXPENSE, FROM THE SHIPPING TERMINAL TO THE PLACE OF STORAGE AND THENCE TO THE RESIDENCE.'

THERE IS NO PROVISION IN SUBPARAGRAPH (A) OF THE QUOTED REGULATION FOR PAYMENT OF STORAGE CHARGES ON THE EFFECTS OF AN EMPLOYEE INCIDENT TO THE TERMINATION OF HIS EMPLOYMENT. NOR HAS THERE BEEN FOUND ANY OTHER AUTHORITY ELSEWHERE IN THE SAID REGULATIONS OR THE FOREIGN SERVICE ACT OF 1946 UNDER WHICH SUCH CHARGE LAWFULLY MAY BE PAID BY THE GOVERNMENT. VIEW THEREOF, AND IRRESPECTIVE OF THE REASONS FOR THE STORAGE, OUR OFFICE CANNOT APPROVE FOR PAYMENT THAT PORTION OF THE CLAIM REPRESENTING STORAGE CHARGES. ALSO, THE CHARGES FOR WAREHOUSE LABOR ($23.25), UNPACKING LABOR AT WAREHOUSE ($20), AND "PACKING LABOR AND MATERIAL" ($75.70) ARE FOR DISALLOWANCE IN THE ABSENCE OF EVIDENCE THAT SUCH CHARGES WOULD HAVE BEEN INCURRED AS A PART OF THE TRANSPORTATION COSTS IN ANY EVENT AND DID NOT ARISE INCIDENT TO THE STORAGE OF THE EFFECTS.

WHILE YOUR TRAVEL AUTHORIZATION OF JULY 20, 1954, AUTHORIZED THE TRANSPORTATION OF YOUR EFFECTS TO CHICAGO THE RECEIPTS FURNISHED BY YOU SHOW THAT PARTS OF YOUR EFFECTS WERE DELIVERED FROM THE WAREHOUSE IN CHICAGO TO THREE DIFFERENT ADDRESSES IN THAT CITY AND ONE ADDRESS IN INDIANA. YOU WERE REIMBURSED ON THE CONSTRUCTIVE COST OF ONE CARTAGE OF 9,241 POUNDS WITHIN THE CITY LIMITS OF CHICAGO BASED ON FIGURES FURNISHED BY THE WERNER BROS-KENNELLY COMPANY, PLUS FEDERAL TAX AND FOR UNPACKING THE EFFECTS AT THE RESIDENCE AS REFLECTED ON THE RECEIPT. WE HAVE NO INFORMATION SHOWING THAT YOU WOULD HAVE INCURRED A COST IN EXCESS OF THAT ALREADY ALLOWED FOR CARTAGE HAD YOUR EFFECTS BEEN TRANSPORTED IN ONE LOT DIRECT FROM THE RAILROAD TERMINAL IN CHICAGO TO THE RESIDENCE IN THAT CITY. MOREOVER, NO EVIDENCE HAS BEEN SUBMITTED THAT CARTAGE TO THE STORAGE WAREHOUSE WOULD HAVE BEEN REQUIRED IRRESPECTIVE OF THE STORAGE OF THE EFFECTS. CONCERNING YOUR CONTENTION THAT CHICAGO WAS THE CLOSEST RAILROAD SHIPPING POINT TO RECEIVE YOUR HOUSEHOLD EFFECTS FOR DELIVERY TO YOUR RESIDENCE AT MICHIANA SHORES, OUR INFORMATION IS THAT THERE ARE SEVERAL RAILROADS INTO MICHIGAN CITY, INDIANA, AND TWO INTO NEW BUFFALO, MICHIGAN. MICHIANA SHORES IS APPROXIMATELY FIVE MILES FROM BOTH OF THESE CITIES. ACCORDINGLY, NO ADDITIONAL SUM FOR CARTAGE MAY BE AUTHORIZED FOR PAYMENT IN THE ABSENCE OF AN ADMINISTRATIVE APPROVAL FOR SHIPMENT OF THE EFFECTS TO YOUR INDIANA ADDRESS AND A SHOWING OF NECESSITY FOR SHIPMENT OF THE EFFECTS VIA CHICAGO RATHER THAN DIRECT TO THE INDIANA ADDRESS.

ACCORDINGLY, BASED UPON THE PRESENT RECORD, IT MUST BE CONCLUDED THAT OUR SETTLEMENT OF OCTOBER 19, 1956, IS CORRECT AND UPON REVIEW MUST BE AND IS SUSTAINED.