B-127235, MAY 9, 1956

B-127235, MAY 9, 1956

TO MR. MARSHALL B. PATTERSON:

WE REFER TO YOUR RECENT LETTER REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF OCTOBER 20, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED INCIDENT TO MOVEMENT OF YOUR HOUSEHOLD GOODS FROM STORAGE AT TUCSON, ARIZONA, TO YOUR RESIDENCE AT BENSON, ARIZONA.

THE RECORD DISCLOSES THAT IN JUNE 1954, YOU WERE TRANSFERRED FROM GLENDOLA, NEW JERSEY, TO FORT HUACHUCA, ARIZONA. PURSUANT TO YOUR CHANGE OF HEADQUARTERS YOU SHIPPED 6,000 POUNDS OF HOUSEHOLD GOODS. DUE TO EXISTING HOUSING CONDITIONS AND LACK OF STORAGE FACILITIES IT WAS NECESSARY TO PLACE YOUR HOUSEHOLD GOODS IN STORAGE IN TUCSON, A DISTANCE OF APPROXIMATELY 90 MILES FROM YOUR HEADQUARTERS. AT A LATER DATE YOU LOCATED A HOUSE AT BENSON AND HAD YOUR HOUSEHOLD GOODS REMOVED FROM STORAGE AND BACK HAULED A DISTANCE OF 48 MILES.

YOU STATE THAT YOUR CLAIM IS NOT FOR BACKHAULAGE BUT RATHER FOR AN AMOUNT IN ADDITION TO THAT ALLOWED YOU FOR TWO MONTHS' TEMPORARY STORAGE OF YOUR GOODS AT TUCSON. IT IS STATED TO BE YOUR BELIEF THAT IF YOU HAD LOCATED A RESIDENCE WITHIN THE TUCSON CITY LIMITS YOUR ALLOWANCE FOR STORAGE AND HANDLING OF YOUR HOUSEHOLD GOODS FROM STORAGE TO YOUR RESIDENCE WOULD HAVE BEEN MUCH GREATER.

EXECUTIVE ORDER NO. 9805, AS AMENDED, GOVERNS THE PAYMENT OF TEMPORARY STORAGE OF HOUSEHOLD GOODS OF CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES UPON TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY. SECTION 12/B) THEREOF PROVIDES AS FOLLOWS:

"/B) COMMUTATION OF EXPENSES--- TEMPORARY STORAGE. IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TEMPORARY STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IN THE CASE OF TRANSFERS BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES AND IN ADDITION TO ALLOWANCES UNDER SCHEDULE A, REIMBURSEMENT SHALL BE MADE TO THE EMPLOYEE AT THE COMMUTED RATE OF $2.00 PER HUNDRED POUNDS FOR THE FIRST 30 DAYS OF STORAGE OR FRACTION THEREOF PLUS 50 CENTS PER HUNDRED POUNDS FOR THE NEXT 30 DAYS OR FRACTION THEREOF: PROVIDED, HOWEVER, THAT THE AMOUNT OF THE REIMBURSEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE EMPLOYEE FOR THE STORAGE IN QUESTION. ANY CLAIM FOR REIMBURSEMENT FOR TEMPORARY STORAGE SHALL BE SUPPORTED BY THE ORIGINAL OR CERTIFIED COPY OF THE RECEIPTED WAREHOUSE BILL.'

UNDER THE ABOVE-QUOTED SECTION OF EXECUTIVE ORDER NO. 9805, AS AMENDED, EXPENSES OF TEMPORARY STORAGE OF AN EMPLOYEE'S HOUSEHOLD GOODS AND EFFECTS --- AS DISTINGUISHED FROM TRANSPORTATION COSTS--- MAY BE ALLOWED IN AN AMOUNT OF THE ACTUAL STORAGE CHARGES INCURRED NOT TO EXCEED THE MAXIMUM ALLOWANCE UNDER THE COMMUTED RATES SPECIFIED THEREIN. YOU HAVE FURNISHED A BILL FROM THE BEKINS VAN LINES EVIDENCING THE PAYMENT FOR THE TRANSPORTATION OF 6,000 POUNDS OF HOUSEHOLD GOODS FROM GLENDOLA TO TUCSON TO BENSON. THE ONLY ITEM IDENTIFIABLE FROM THE BILL PRESENTED REPRESENTING STORAGE CHARGES IS THAT OF $60 FOR TWO MONTHS' STORAGE OF 6,000 POUNDS OF HOUSEHOLD GOODS AT $0.50 PER HUNDREDWEIGHT.

SECTION 12/B) OF THE ABOVE-QUOTED REGULATION LIMITS REIMBURSEMENT FOR STORAGE CHARGES UPON A COMMUTED BASIS TO THE RATES SPECIFIED THEREIN, NOT TO EXCEED, HOWEVER, THE ACTUAL AMOUNT PAID BY THE EMPLOYEE FOR THE EXPENSES OF TEMPORARY STORAGE OF HOUSEHOLD GOODS AND EFFECTS. SINCE YOU HAVE BEEN REIMBURSED FOR THE AMOUNT SHOWN ON THE CARRIER'S BILL TO HAVE BEEN PAID FOR TEMPORARY STORAGE, THERE IS NO AUTHORITY ON THE PRESENT RECORD TO PAY ANY ADDITIONAL AMOUNT.

ACCORDINGLY, WE MUST INFORM YOU THAT THE CONCLUSION REACHED IN OUR SETTLEMENT OF OCTOBER 20, 1955, IS CORRECT AND UPON REVIEW IT MUST BE AND IS SUSTAINED.