B-150851, JUL. 13, 1964
Highlights
HER FIRST OVERSEAS POST WAS IN THE AZORES TO WHICH SHE WAS NOT PERMITTED TO TRANSFER HER HOUSEHOLD GOODS AND EFFECTS. AS A CONSEQUENCE A SMALL AMOUNT OF HER GOODS WERE PLACED IN STORAGE IN COLORADO SPRINGS AND HAS THERE REMAINED TO THE PRESENT AT HER EXPENSE WHICH SHE SAYS IS $3 A MONTH. SCRIVEN WAS TRANSFERRED ON OR ABOUT JANUARY 2. WHERE SHE WAS REQUIRED TO OBTAIN AND FURNISH HER OWN QUARTERS. SOME GOODS ACQUIRED BY THE EMPLOYEE IN THE AZORES WERE TRANSPORTED TO ANKARA AND OTHERS. WERE ACQUIRED THERE. SCRIVEN WAS TRANSFERRED TO THE RHEIN- MAIN AIR BASE. WHERE SHE WAS INFORMED SHE WOULD BE HOUSED IN GOVERNMENT FURNISHED QUARTERS. 700 POUNDS) WAS DIRECTED TO BE TRANSPORTED TO COLORADO SPRINGS.
B-150851, JUL. 13, 1964
TO THE SECRETARY OF THE AIR FORCE:
WE REFER TO YOUR LETTER OF JUNE 19, 1964, REFERENCE AFPCPAA, FROM THE CHIEF, LEGISLATION AND REGULATIONS BRANCH, DIRECTORATE OF CIVILIAN PERSONNEL, DEPARTMENT OF THE AIR FORCE, CONCERNING THE REQUEST OF MRS. TENA SCRIVEN, A CIVILIAN EMPLOYEE OF THE DEPARTMENT, SERVING AT HEADQUARTERS 7025TH AIR POSTAL GROUP (USAFE), APO 57, NEW YORK, NEW YORK, FOR THE ALLOWANCE OF NON-TEMPORARY STORAGE OF HER HOUSEHOLD GOODS AND EFFECTS AT HER POST OF DUTY.
ACCORDING TO THE RECORD PREVIOUSLY FURNISHED US BY YOUR DEPARTMENT,MRS. SCRIVEN HAS BEEN CONTINUOUSLY STATIONED OVERSEAS SINCE JANUARY 7, 1957. HER FIRST OVERSEAS POST WAS IN THE AZORES TO WHICH SHE WAS NOT PERMITTED TO TRANSFER HER HOUSEHOLD GOODS AND EFFECTS. AS A CONSEQUENCE A SMALL AMOUNT OF HER GOODS WERE PLACED IN STORAGE IN COLORADO SPRINGS AND HAS THERE REMAINED TO THE PRESENT AT HER EXPENSE WHICH SHE SAYS IS $3 A MONTH.
FROM THE AZORES MRS. SCRIVEN WAS TRANSFERRED ON OR ABOUT JANUARY 2, 1961, TO ANKARA, TURKEY, WHERE SHE WAS REQUIRED TO OBTAIN AND FURNISH HER OWN QUARTERS. SOME GOODS ACQUIRED BY THE EMPLOYEE IN THE AZORES WERE TRANSPORTED TO ANKARA AND OTHERS, ESSENTIAL TO FURNISHING HER QUARTERS, WERE ACQUIRED THERE.
ON OR ABOUT SEPTEMBER 2, 1962, MRS. SCRIVEN WAS TRANSFERRED TO THE RHEIN- MAIN AIR BASE, GERMANY, WHERE SHE WAS INFORMED SHE WOULD BE HOUSED IN GOVERNMENT FURNISHED QUARTERS. THE BULK OF HER GOODS AND EFFECTS (1,700 POUNDS) WAS DIRECTED TO BE TRANSPORTED TO COLORADO SPRINGS; THE REMAINDER, 400 POUNDS, WAS AUTHORIZED TO BE SHIPPED TO HER NEW STATION. BECAUSE OF TURKISH LAW, HER GOODS COULD NOT BE STORED IN ANKARA. HOWEVER, BEFORE THE AUTHORIZED SHIPMENT WAS MADE THE EMPLOYEE WAS INFORMED THAT SHIPMENT OF HER GOODS TO THE UNITED STATES WOULD AFFECT POSSIBLE FUTURE RIGHTS TO TRANSPORTATION OF HER GOODS SHOULD SHE CONTINUE IN OVERSEAS SERVICES AND LATER BE TRANSFERRED TO A POST WHERE HER HOUSEHOLD GOODS WERE NEEDED. A CONSEQUENCE, ALL OF THE EMPLOYEE'S GOODS WERE TRANSPORTED TO GERMANY WHERE SHE COULD NOT USE THEM AND WHERE NO GOVERNMENT NONTEMPORARY STORAGE FACILITIES WERE AVAILABLE. MRS. SCRIVEN'S GOODS WERE PLACED IN COMMERCIAL STORAGE FOR 90 DAYS PENDING FURTHER CONSIDERATION OF HER CASE.
IN OUR DECISION OF MARCH 20, 1963, B-150851, TO YOU, WE AUTHORIZED ADVANCE TRANSPORTATION OF MRS. SCRIVEN'S HOUSEHOLD GOODS TO THE UNITED STATES.
IT NOW APPEARS FROM THE LETTER OF THE CHIEF, LEGISLATION AND REGULATIONS BRANCH AND ITS ENCLOSURE FROM MRS. SCRIVEN, THE LATTER DATED MAY 24, 1964, THAT NO ACTION WAS TAKEN OVERSEAS TO TRANSPORT HER HOUSEHOLD GOODS TO THE UNITED STATES IN ACCORDANCE WITH DEPARTMENTAL INSTRUCTIONS APPARENTLY GIVEN AS A RESULT OF OUR DECISION OF MARCH 20, 1963.
MRS. SCRIVEN SAYS THAT SHE HAS BEEN PAYING COMMERCIAL STORAGE CHARGES OF $7.50 A MONTH IN GERMANY SINCE OCTOBER 1963, IN ADDITION TO THE CHARGES OF $3 A MONTH WHICH SHE HAS BEEN PAYING FOR STORAGE IN COLORADO SPRINGS SINCE JANUARY 1957, AND INQUIRES WHETHER THERE IS A WAY IN WHICH THIS SITUATION CAN BE ALLEVIATED.
THE CHIEF, LEGISLATION AND REGULATIONS BRANCH, ASKS WHETHER NONTEMPORARY STORAGE IN GERMANY COULD BE AUTHORIZED WITHIN THE LIMITS OF SECTIONS 3.4 (B) 1 AND 3.4 (B) 2 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, EFFECTIVE JUNE 1, 1962.
THE SECTIONS REFERRED TO STEM FROM THE ACT OF SEPTEMBER 6, 1960, 74 STAT. 792, 796, 5 U.S.C. 73B--1 (E) WHICH, IN PART, READS AS FOLLOWS:
"WHENEVER ANY CIVILIAN OFFICER OR EMPLOYEE * * * IS ASSIGNED TO A PERMANENT DUTY STATION OUTSIDE THE CONTINENTAL UNITED STATES TO WHICH HE CANNOT TAKE OR AT WHICH HE IS UNABLE TO USE HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS OR WHENEVER THE HEAD OF THE DEPARTMENT CONCERNED AUTHORIZES STORAGE OF ANY SUCH PROPERTY IN THE PUBLIC INTEREST OR FOR REASONS OF ECONOMY, STORAGE EXPENSE (INCLUDING RELATED TRANSPORTATION AND OTHER EXPENSES) MAY BE ALLOWED SUCH OFFICER OR EMPLOYEE IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT; BUT IN NO INSTANCE SHALL THE WEIGHT OF THE PROPERTY STORED UNDER THIS SUBSECTION, TOGETHER WITH THE WEIGHT OF PROPERTY TRANSPORTED UNDER SUBSECTION (A) OF THIS SECTION, EXCEED THE MAXIMUM WEIGHT LIMITATION PROVIDED BY SUBSECTION (A) OF THIS SECTION.'
WE NOTE THAT NEITHER UNDER THE STATUTE NOR THE REGULATIONS IS THE "PUBLIC INTEREST" CONDITION CONJUNCTIVE WITH THE OTHER CONDITIONS PRECEDENT TO NONTEMPORARY STORAGE. THEREFORE, WE MUST CONCLUDE THAT YOU AS THE HEAD OF A DEPARTMENT MAY AUTHORIZE, PROSPECTIVELY, NONTEMPORARY STORAGE OF MRS. SCRIVEN'S EFFECTS IN GERMANY AT GOVERNMENT EXPENSE IF YOU DETERMINE IT TO BE IN THE PUBLIC INTEREST. ALSO, WE INVITE YOUR ATTENTION TO SECTION 3.4 (B) 4 OF CIRCULAR NO. A 56, THE LAST SENTENCE OF WHICH WOULD PERMIT YOU TO AUTHORIZE THE ALLOWANCE, PROSPECTIVELY, OF NONTEMPORARY STORAGE AT GOVERNMENT EXPENSE OF THE EMPLOYEE'S GOODS IN COLORADO SPRINGS, WITHIN THE MAXIMUM AUTHORIZED WEIGHT LIMITATION OF 2,500 POUNDS FOR ALL HER EFFECTS.