B-105018, SEPTEMBER 4, 1951, 31 COMP. GEN. 68

B-105018, SEPTEMBER 4, 1951, 31 COMP. GEN. 68

TRANSPORTATION - HOUSEHOLD EFFECTS - STORAGE CHARGES - EMPLOYEE RETURNED FROM OVERSEAS FOR PURPOSE OF SEPARATION FOREIGN SERVICE REGULATIONS PROVIDING FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF EMPLOYEES INCIDENT TO TERMINATION OF EMPLOYMENT DO NOT AUTHORIZE PAYMENT OF STORAGE CHARGES ON SUCH EFFECTS AND THEREFORE, AN EMPLOYEE WHO IS RETURNED TO THE UNITED STATES FOR THE PURPOSE OF SEPARATION MAY NOT BE REIMBURSED STORAGE AND WAREHOUSE LABOR INCIDENT TO THE STORAGE OF HIS HOUSEHOLD EFFECTS.

COMPTROLLER GENERAL WARREN TO NEAL PRICE, ECONOMIC COOPERATION ADMINISTRATION, SEPTEMBER 4, 951:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 6, 1951, WHEREIN YOU REQUEST ADVICE AS TO THE AMOUNT FOR WHICH YOU MAY CERTIFY FOR PAYMENT A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MR. MANLIO F. DEANGELIS UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER SET FORTH.

BY ECONOMIC COOPERATION ADMINISTRATION TRAVEL AUTHORIZATION OF AUGUST 18, 1950, MR. DEANGELIS, EMPLOYED BY THAT ADMINISTRATION WITH THE SPECIAL MISSION TO GREECE, WAS AUTHORIZED TO TRAVEL FROM ATHENS, GREECE, HIS OFFICIAL STATION, TO LEXINGTON, MASSACHUSETTS, WITH STOPOVER IN WASHINGTON, C., FOR A PERIOD OF CONSULTATION OF NOT TO EXCEED TWO WEEKS--- FOR PURPOSES OF TERMINATION OF HIS EMPLOYMENT. THE SAID ORDER ALSO CONTAINED AN AUTHORIZATION FOR TRANSPORTATION OF HIS HOUSEHOLD EFFECTS.

IT APPEARS FROM THE INFORMATION PRESENTED WITH YOUR LETTER THAT MR. DEANGELIS DEPARTED GREECE IN SEPTEMBER 1950 AND ARRIVED IN THE UNITED STATES ON OCTOBER 4, 1950; THAT HE WAS IN A DUTY STATUS IN WASHINGTON, D.C., AS A CONSULTANT UNTIL OCTOBER 25, AT WHICH TIME IT IS UNDERSTOOD THAT HE WAS SEPARATED AND REAPPOINTED TO THE POSITION OF DEPUTY DIRECTOR OF THE BUDGET DIVISION, ECONOMIC COOPERATION ADMINISTRATION. FURTHER, IT APPEARS THAT HIS HOUSEHOLD EFFECTS ARRIVED AT THE FEDERAL STORAGE COMPANY, WASHINGTON, D.C., FROM GREECE, ON OCTOBER 28, 1950, AND REMAINED IN STORAGE WITH THAT COMPANY UNTIL DECEMBER 22, 1950, AT WHICH TIME THEY WERE TRANSFERRED TO HIS NEWLY ACQUIRED RESIDENCE. YOUR DOUBT IN THE MATTER APPARENTLY ARISES FROM THE FACT THAT AFTER HIS ARRIVAL IN THE UNITED STATES THE EMPLOYMENT OF MR. DEANGELIS WAS TERMINATED.

THE APPLICABLE REGULATIONS, WHICH WOULD APPEAR TO BE CONTROLLING IN DETERMINING THE AMOUNT OF REIMBURSEMENT TO WHICH MR. DEANGELIS IS ENTITLED, ARE THOSE CITED IN YOUR LETTER WHICH ARE CONTAINED IN FOREIGN SERVICE REGULATIONS, 103.674 (G) AND (H), AS FOLLOWS:

103.674. ALLOWABLE EXPENSES.

EXPENSES OF TRANSPORTATION OF EFFECTS SHALL BE HELD TO INCLUDE THE COST OF THE FOLLOWING:

(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.

(H) STORAGE FROM THE DATE OF FIRST ARRIVAL OF THE OFFICER OR EMPLOYEE AT HIS POST, FOR A PERIOD NOT IN EXCESS OF THREE MONTHS AFTER SUCH FIRST OR UNTIL THE ESTABLISHMENT OF RESIDENCE QUARTERS, WHICHEVER SHALL BE SHORTER.

THERE IS NO PROVISION IN SUBPARAGRAPH (H) OF THE QUOTED REGULATIONS FOR PAYMENT OF STORAGE CHARGES ON THE PERSONAL EFFECTS OF AN EMPLOYEE INCIDENT TO THE TERMINATION OF HIS EMPLOYMENT. NOR HAS THERE BEEN FOUND ANY OTHER AUTHORITY ELSEWHERE IN THE SAID REGULATIONS UNDER WHICH SUCH CHARGE LAWFULLY MAY BE PAID BY THE GOVERNMENT. IN VIEW THEREOF, THIS OFFICE WOULD NOT BE WARRANTED IN APPROVING FOR PAYMENT THAT PORTION OF THE CLAIM REPRESENTING STORAGE CHARGES AND WAREHOUSE LABOR. MOREOVER, UNDER SUBPARAGRAPH (G) OF THE QUOTED REGULATIONS, PAYMENT OF CARTAGE FROM THE PLACE OF STORAGE TO RESIDENCE IS AUTHORIZED ONLY WHEN THE EFFECTS ARE STORED AT GOVERNMENT EXPENSE. SINCE THE STORAGE CHARGES IN QUESTION ARE NOT REIMBURSABLE BY THE GOVERNMENT, THE ONLY CARTAGE FOR WHICH REIMBURSEMENT MAY BE MADE WOULD APPEAR TO BE THAT BETWEEN THE TERMINAL AND THE STORAGE WAREHOUSE. SIMILARLY, ONLY THAT PART OF THE TRANSPORTATION TAX WHICH IS APPLICABLE TO CARTAGE BETWEEN THE TERMINAL AND THE WAREHOUSE IS REIMBURSABLE.

ACCORDINGLY, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.