B-150558, DEC. 2, 1964

B-150558, DEC. 2, 1964

TO THE HONORABLE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO LETTER OF NOVEMBER 18, 1964, FROM THE UNDER SECRETARY OF THE ARMY CITING DECISIONS DATED DECEMBER 30, 1963, B 150558, AND SEPTEMBER 23, 1964, ALSO B-150558, AND REQUESTING ADVICE AS TO WHETHER FURTHER COLLECTION ACTION, REQUIRED BY THOSE DECISIONS, EXCEPT IN THE CASES OF SERVICE MEMBERS WHO ARE SEPARATED FROM ACTIVE DUTY, MAY BE SUSPENDED UNTIL THE CONGRESS HAS CONSIDERED AND ACTED UPON PROPOSED LEGISLATION WHICH WOULD VALIDATE PAYMENTS FOR NONTEMPORARY STORAGE OF HOUSEHOLD GOODS, AND RELATED SERVICES, OF ARMY PERSONNEL WHOSE TRANSFERS BETWEEN PERMANENT DUTY STATIONS WERE DELAYED BY PERMISSIVE TEMPORARY DUTY EN ROUTE TO PERMIT THEM TO ATTEND CIVILIAN COLLEGES TO FULFILL REQUIREMENTS FOR DEGREES.

THE DECISION OF DECEMBER 30, 1963, HELD THAT PERTINENT REGULATIONS DO NOT, AND IN THE ABSENCE OF SOME STATUTORY AUTHORITY MAY NOT, RECOGNIZE A MEMBER'S ATTENDANCE UNDER PERMISSIVE ORDERS AT A CIVILIAN COLLEGE TO FULFILL REQUIREMENTS FOR A BACCALAUREATE DEGREE AS AN ASSIGNMENT TO MILITARY DUTY SO AS TO ENTITLE THE MEMBER TO NONTEMPORARY STORAGE OF HOUSEHOLD GOODS, AND RELATED SERVICES, AT GOVERNMENT EXPENSE UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS,ISSUED PURSUANT TO THE STATUTORY AUTHORITY CONTAINED IN SECTION 406, TITLE 37, OF THE UNITED STAES CODE. THE UNDER SECRETARY OF THE ARMY STATES IN HIS LETTER OF NOVEMBER 18, 1964, THAT IMMEDIATELY UPON RECEIPT OF THAT DECISION, ACTION WAS TAKEN BY THE ARMY TO TERMINATE ALL NONTEMPORARY STORAGE UNDER THOSE CONDITIONS AT GOVERNMENT EXPENSE. HOWEVER, HE SAYS ACTION WAS NOT TAKEN TO COLLECT PAYMENTS FROM SERVICE MEMBERS CONCERNED PENDING OUR REPLIES TO REQUESTS IN HIS ACCOUNTS OF FINANCE AND ACCOUNTING OFFICERS FOR PAYMENTS MADE IN GOOD FAITH FOR NONTEMPORARY STORAGE OF HOUSEHOLD GOODS UNDER THE CIRCUMSTANCES PRIOR TO JANUARY 21, 1964, AND FOR RECONSIDERATION OF ENTITLEMENT WHERE SITUATIONS DIFFER REGARDING THE OFFICIAL DUTY AND TRAVEL REQUIRED UNDER TRAVEL ORDERS.

IN THE DECISION OF SEPTEMBER 23, 1964, WE SAID THAT THE REGULATIONS AND TRAVEL ORDERS PERTAINING TO THE PAYMENTS MADE FOR NONTEMPORARY STORAGE OF HOUSEHOLD GOODS IN THE CASES UNDER CONSIDERATION CLEARLY DID NOT CONTEMPLATE ANY EXPENSE TO THE GOVERNMENT FOR SUCH SERVICES, AND THAT WE WOULD NOT BE JUSTIFIED IN CONCLUDING THAT THE PAYMENTS WERE NOT THE RESULT OF LACK OF DUE CARE ON THE PART OF THE DISBURSING OFFICERS AS REQUIRED BY 31 U.S.C. 82A-2 AND RELIEF THEREUNDER MUST BE DENIED.

THE UNDER SECRETARY STATES IN HIS LETTER THAT THE DEPARTMENT OF THE ARMY IS PREPARING A LEGISLATIVE PROPOSAL FOR INCLUSION IN THE DEPARTMENT OF DEFENSE LEGISLATIVE PROGRAM WHICH WOULD VALIDATE THE PAYMENTS MADE BY THE FINANCE AND ACCOUNTING OFFICERS CONCERNED PRIOR TO JANUARY 21, 1964. ALSO STATES THAT IN ORDER TO PROTECT THE FINANCE AND ACCOUNTING OFFICERS, PROCEDURES HAVE BEEN ESTABLISHED WHICH PROVIDE FOR COLLECTIONS FROM SERVICE MEMBERS WHO ARE SEPARATED FROM ACTIVE DUTY DURING THE PERIOD COLLECTIONS ARE SUSPENDED. IN VIEW THEREOF AND SINCE ACTION WAS TAKEN BY THE DEPARTMENT OF THE ARMY EFFECTIVE JANUARY 21, 1964, TO CHARGE THE COSTS OF NONTEMPORARY STORAGE OF HOUSEHOLD GOODS DURING PERIODS OF PERMISSIVE TEMPORARY DUTY AT CIVILIAN COLLEGES TO THE MEMBERS, WE WILL NOT OBJECT TO THE SUSPENSION OF FURTHER COLLECTION ACTION FROM MEMBERS WHO ARE ON ACTIVE DUTY UNTIL THE CONGRESS HAS HAD AN OPPORTUNITY TO CONSIDER THE PROPOSED LEGISLATION UNLESS, OF COURSE, THE PROTECTION OF THE INTERESTS OF THE UNITED STATES REQUIRES OTHER ACTION.