B-149021, JUN. 18, 1962
Highlights
ROTHERMEL WAS TENDERED AN APPOINTMENT ON MAY 15. WAS ISSUED UNDER THE ADMINISTRATIVE EXPENSES ACT OF 1946. WE HAVE CONSISTENTLY HELD THAT THE REGULATION CONTEMPLATES PAYMENT OF STORAGE CHARGES ONLY WHEN INCURRED AS A NECESSARY INCIDENT TO THE CHANGE OF STATION ORDERS AND. WHEN SUCH CHARGES WERE INCURRED INCIDENTAL TO TRAVEL FROM PLACES OF ACTUAL RESIDENCE AT TIME OF SELECTION TO THE EMPLOYEE'S DUTY STATION. ROTHERMEL UPON NOTIFICATION OF HIS APPOINTMENT SOLD HIS RESIDENCE AT IDAHO FALLS AND WAS REQUIRED UNDER THE VACATING PROVISION OF THE CONTRACT OF SALE TO STORE HIS FURNITURE. IT IS WITHIN ADMINISTRATIVE DISCRETION TO AUTHORIZE OR APPROVE THE TEMPORARY STORAGE OF HOUSEHOLD GOODS INCIDENT TO THEIR TRANSPORTATION.
B-149021, JUN. 18, 1962
TO THE AUTHORIZED CERTIFYING OFFICER, FOREST SERVICE, DEPARTMENT OF AGRICULTURE:
YOUR LETTER OF MAY 17, 1962, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE TRANSMITTED VOUCHER IN FAVOR OF MR. RICHARD C. ROTHERMEL, AN EMPLOYEE OF THE FOREST SERVICE, DEPARTMENT OF AGRICULTURE, FOR $157.50, COVERING REIMBURSEMENT FOR STORAGE OF HIS HOUSEHOLD GOODS FROM JUNE 3, TO JULY 7, 1961.
MR. ROTHERMEL WAS TENDERED AN APPOINTMENT ON MAY 15, 1961, AND TRAVEL ORDER DATED JUNE 5, 1961, WAS ISSUED UNDER THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED 5 U.S.C. 73-B3 (B), AUTHORIZING REIMBURSEMENT FOR TRANSPORTATION OF HOUSEHOLD GOODS AND TRAVEL EXPENSES FOR THE EMPLOYEE AND HIS DEPENDENTS FROM IDAHO FALLS, IDAHO, HIS PLACE OF RESIDENCE, TO MISSOULA, MONTANA, COMMENCING ON OR ABOUT JULY 3, 1961.
IN ANTICIPATION OF HIS APPOINTMENT AT MISSOULA, MR. ROTHERMEL SOLD HIS HOUSE AT IDAHO FALLS. SINCE A PROVISION OF THE CONTRACT OF SALE REQUIRED THAT HE VACATE THE PREMISES BY JUNE 4, 1961, HE PLACED HIS HOUSEHOLD GOODS IN STORAGE ON JUNE 3.
THE VOUCHER NOW PROPOSES TO REIMBURSE THE EMPLOYEE FOR THE COST OF STORAGE OF HIS HOUSEHOLD GOODS FROM JUNE 3, TO JULY 7, 1961, AND FOR INCIDENTAL HANDLING CHARGES IN AND OUT OF THE WAREHOUSE.
SECTION 12 (B) OF EXECUTIVE ORDER NO. 9805, AS ADDED BY EXECUTIVE ORDER NO. 9993, DATED FEBRUARY 28, 1948, AUTHORIZES PAYMENT OF TEMPORARY STORAGE OF HOUSEHOLD GOODS FOR NOT TO EXCEED 60 DAYS. WE HAVE CONSISTENTLY HELD THAT THE REGULATION CONTEMPLATES PAYMENT OF STORAGE CHARGES ONLY WHEN INCURRED AS A NECESSARY INCIDENT TO THE CHANGE OF STATION ORDERS AND, THEREFORE, THIS VIEW ALSO APPLIES, AS HERE, UNDER PUBLIC LAW 86-587, 5 U.S.C. 73B-3 (B), WHEN SUCH CHARGES WERE INCURRED INCIDENTAL TO TRAVEL FROM PLACES OF ACTUAL RESIDENCE AT TIME OF SELECTION TO THE EMPLOYEE'S DUTY STATION.
IN THE INSTANT CASE MR. ROTHERMEL UPON NOTIFICATION OF HIS APPOINTMENT SOLD HIS RESIDENCE AT IDAHO FALLS AND WAS REQUIRED UNDER THE VACATING PROVISION OF THE CONTRACT OF SALE TO STORE HIS FURNITURE. IT IS WITHIN ADMINISTRATIVE DISCRETION TO AUTHORIZE OR APPROVE THE TEMPORARY STORAGE OF HOUSEHOLD GOODS INCIDENT TO THEIR TRANSPORTATION. SINCE THE RECLAIM VOUCHER NOW IS ADMINISTRATIVELY APPROVED WE ASSUME THAT THE STORAGE OF THE GOODS HAS BEEN FOUND TO BE REASONABLY IN ANTICIPATION TO TRAVEL TO HIS DUTY STATION AT MISSOULA.
THEREFORE, THE CHARGES INCURRED INCIDENT TO SUCH TRAVEL ARE FOR REIMBURSEMENT TO THE EMPLOYEE UNDER THE CITED ACT. ACTION ON THE VOUCHER SHOULD BE TAKEN ACCORDINGLY.