B-134001, NOV. 26, 1957

B-134001, NOV. 26, 1957

TO MR. DONALD C. DUNHAM, C/O AMERICAN COMMITTEE FOR LIBERATION:

RECENTLY THE DEPARTMENT OF STATE REFERRED TO OUR OFFICE CERTAIN ADDITIONAL MATERIAL FOR THE REVIEW OF OUR OFFICE SETTLEMENT DATED JANUARY 16, 1957, WHICH DISALLOWED YOUR CLAIM FOR $252.84 COVERING CARTAGE CHARGES ARISING IN CONNECTION WITH YOUR EMPLOYMENT WITH THAT DEPARTMENT.

UNDER TRAVEL AUTHORIZATION NO. 5-10129, DATED SEPTEMBER 28, 1954, AS AMENDED, YOU WERE AUTHORIZED TO TRAVEL BY THE DEPARTMENT OF STATE FROM TRIESTE VIA ROME AND WASHINGTON, D.C., TO AUBURNDALE, FLORIDA. THE AUTHORIZATION PROVIDED FOR YOUR RETURN DIRECT TO TRIESTE. IT APPEARS THAT WHILE IN WASHINGTON, D.C., IN YOUR OFFICIAL CAPACITY AS A FOREIGN SERVICE RESERVE OFFICER YOU WERE DISAPPROVED BY THE BOARD OF EXAMINERS FOR THE FOREIGN SERVICE FOR INTEGRATION AS A FOREIGN SERVICE OFFICER. AFTER SUBSEQUENT EFFORTS TOWARD PLACING YOU IN ANOTHER ASSIGNMENT FAILED YOU WERE INFORMED THAT YOUR FOREIGN SERVICE RESERVE APPOINTMENT WITH THE DEPARTMENT OF STATE WOULD BE TERMINATED OCTOBER 28, 1955. HOWEVER, UPON ADVICE THAT YOU HAD AN OFFER OF EMPLOYMENT WITH THE AMERICAN COMMITTEE FOR LIBERATION YOU WERE PERMITTED, AND DID, RESIGN EFFECTIVE OCTOBER 21, 1955. AS A RESULT OF THE RESIGNATION, TRAVEL AUTHORIZATION NO. 5-10129 WAS FURTHER AMENDED CANCELING YOUR RETURN TRAVEL TO TRIESTE AND AUTHORIZED SHIPMENT OF YOUR EFFECTS FROM TRIESTE, WHERE THEY PREVIOUSLY HAD BEEN STORED, TO AUBURNDALE, FLORIDA. UPON ARRIVAL OF YOUR EFFECTS IN NEW YORK, NEW YORK, THEY WERE STORED IN THE LOCAL WAREHOUSE OF THE BOWLING GREEN STORAGE AND VAN CO. CARTAGE CHARGES FOR MOVEMENT OF THE EFFECTS TO THE PLACE OF STORAGE HAVE BEEN PAID BY THE GOVERNMENT. YOUR CLAIM FOR $252.84 REPRESENTS CARTAGE CHARGES IN THE MOVING OF YOUR EFFECTS FROM THE WAREHOUSE TO YOUR RESIDENCE IN NEW YORK, NEW YORK.

THERE WAS INCLUDED IN THE ADDITIONAL MATERIAL FORWARDED BY THE DEPARTMENT OF STATE TO OUR OFFICE AN OFFICE MEMORANDUM DATED AUGUST 21, 1957, FROM POD--- LEON L. COWLES, SETTING FORTH THE FACTS ATTENDING THE SUBJECT TRAVEL AND STRESSING, APPARENTLY AS A SOLE BASIS FOR A REVIEW OF THE MATTER, THE FACT THAT YOU SHOULD NOT BE PENALIZED FOR YOUR DECISION TO RESIGN ON OCTOBER 21, 1955, INSTEAD OF BEING SEPARATED AS A FOREIGN SERVICE RESERVE OFFICER ON OCTOBER 28, 1955.

SINCE THE CARTAGE SERVICES HERE INVOLVED APPEAR TO HAVE BEEN PERFORMED IN THE EARLY PART OF FEBRUARY 1956, THAT PART OF THE FOREIGN SERVICE TRAVEL REGULATIONS WHICH IS APPLICABLE TO YOUR CLAIM IS TO BE FOUND IN SECTION 180 OF SUCH REGULATIONS, PARAGRAPH 5.2 (G) WHICH BECAME EFFECTIVE JULY 17, 1953, AND WHICH, WITH RESPECT TO ALLOWABLE ITEMS OF TRANSPORTATION EXPENSES, READS AS FOLLOWS:

"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.'

THIS IS THE SOLE PROVISION OF THE FOREIGN SERVICE TRAVEL REGULATIONS UNDER WHICH YOUR CLAIM PROPERLY MAY BE CONSIDERED AND IT READILY IS SEEN THAT THE ONLY CIRCUMSTANCES UNDER WHICH CARTAGE CHARGES MAY BE ALLOWED FROM BOTH THE SHIPPING TERMINAL TO THE PLACE OF STORAGE AND THEN FROM THE PLACE OF STORAGE TO THE RESIDENCE IS WHEN THE EFFECTS OF THE EMPLOYEE ARE STORED AT GOVERNMENT EXPENSE. IN THIS CONNECTION, NEITHER THE FOREIGN SERVICE ACT OF 1946, 60 STAT. 1027, NOR ANY PART OF THE APPLICABLE REGULATIONS THEREUNDER, WHICH WERE IN EFFECT AT THE TIME OF THE STORAGE, PROVIDES FOR THE STORAGE OF PERSONAL EFFECTS AT GOVERNMENT EXPENSE OR FOR REIMBURSEMENT OF EXPENSES INCURRED INCIDENT TO STORAGE AT THE TERMINATION OF AN EMPLOYEE'S SERVICE WITH THE FOREIGN SERVICE. THE FURTHER FACT THAT THERE WAS HERE INVOLVED A DISCONTINUANCE OF YOUR APPOINTMENT BY RESIGNATION RATHER THAN AN INVOLUNTARY TERMINATION IS IMMATERIAL INSOFAR AS CONCERNS THE COST OF STORAGE OF EFFECTS UPON THE TERMINATION OF YOUR SERVICES. IN VIEW THEREOF, AND IRRESPECTIVE OF THE REASONS FOR THE STORAGE OR HOW IT WAS ARRANGED,OUR OFFICE WOULD NOT BE WARRANTED IN APPROVING FOR PAYMENT THE CARTAGE CHARGES FROM PLACE OF STORAGE TO YOUR RESIDENCE.