B-149687, OCT. 4, 1963

B-149687, OCT. 4, 1963

TO BEHREND, PHILLIPS AND TAYLOR:

WE REFER TO YOUR LETTER OF SEPTEMBER 13, 1963, WRITTEN IN BEHALF OF W. F. D. GEBHART, RELATIVE TO HIS CLAIM FOR REIMBURSEMENT OF STORAGE AND INCIDENTAL CHARGES INCURRED BY HIM FOR THE PERIOD JULY 1955 THROUGH MARCH 1960.

A REVIEW OF THE RECORD DISCLOSES THAT SOMETIME IN 1955 MR. GEBHART RECEIVED ORDERS TRANSFERRING HIM FROM HIS PERMANENT DUTY STATION IN THE UNITED STATES TO STUTTGART, GERMANY. SHIPMENT OF HIS HOUSEHOLD GOODS WAS AUTHORIZED BY PARAGRAPH 4.C OF TRAVEL AUTHORIZATION FOR DEPENDENTS, NO. 938, DATED MAY 9, 1955. PARAGRAPH 4.C STATED THAT THE PROVISIONS OF CPR T3.5-6 (ARMY CIVILIAN PERSONNEL REGULATIONS), DATED JANUARY 30, 1953, WOULD APPLY THERETO. SINCE MR. GEBHART HAD BEEN ADVISED THAT FURNISHED QUARTERS WOULD BE PROVIDED, MOST OF HIS HOUSEHOLD GOODS WERE PLACED IN COMMERCIAL STORAGE AT HIS THEN HOME OF RECORD, ST. JOSEPH, MISSOURI, WITH THE REMAINDER BEING SHIPPED TO GERMANY. UPON RETURN TO THE UNITED STATES IN 1960 MR. GEBHART HAD HIS GOODS REMOVED FROM STORAGE AND PAID $1,085.53 IN COMMERCIAL STORAGE CHARGES.

AFTER THE DEPARTMENT OF THE ARMY DISALLOWED HIS CLAIM FOR THE ABOVE CHARGES, HE SUBMITTED A CLAIM TO THE GENERAL ACCOUNTING OFFICE. THE BASIS FOR DISALLOWANCE BY OUR CLAIMS DIVISION WAS THAT ARMY CIVILIAN PERSONNEL REGULATIONS IN EFFECT AT THAT TIME (CPR T3.5-6D) DID NOT AUTHORIZE STORAGE AT GOVERNMENT EXPENSE WHEN HOUSEHOLD GOODS WERE NOT IN TRANSIT TO THE OVERSEAS AREA.

THE ABOVE CITED REGULATION READS AS FOLLOWS:

"D. TEMPORARY STORAGE OF HOUSEHOLD GOODS IN TRANSIT TO THE OVERSEAS AREA MAY BE AUTHORIZED FOR NOT TO EXCEED 60 DAYS. REIMBURSEMENT MAY BE MADE IN ACCORDANCE WITH PARAGRAPH 5-5B. STORAGE AT GOVERNMENT EXPENSE WILL NOT BE AUTHORIZED WHEN THE HOUSEHOLD GOODS ARE NOT IN TRANSIT TO THE OVERSEAS AREA. THE TERM "IN TRANSIT" REFERS TO STORAGE OF GOODS WHICH MAY BE NECESSARY AFTER RECEIPT OF THE SUPPLEMENTAL ORDERS AUTHORIZING SHIPMENT TO THE OVERSEA COMMAND.'

PARAGRAPH 5-5B REFERRED TO ABOVE READS AS FOLLOWS:

"B.TEMPORARY STORAGE OF HOUSEHOLD GOODS WHICH ARE IN TRANSIT TO AN INDIVIDUAL'S NEW DUTY STATION MAY BE AUTHORIZED IN TRAVEL ORDERS NOT TO EXCEED 60 DAYS. IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TEMPORARY STORAGE OF HOUSEHOLD GOODS, REIMBURSEMENT SHALL BE MADE AT THE RATE OF $2 A HUNDRED POUNDS FOR THE FIRST 30 DAYS OF STORAGE OR FRACTION THEREOF PLUS $0.50 A HUNDRED POUNDS FOR THE SUCCEEDING 30 DAYS OR FRACTION THEREOF. REIMBURSEMENT SHALL NOT, HOWEVER, EXCEED THE AMOUNT ACTUALLY PAID BY THE EMPLOYEE FOR THE STORAGE. CLAIM FOR REIMBURSEMENT MUST BE SUPPORTED BY THE ORIGINAL OR CERTIFIED COPY OF THE RECEIPTED WAREHOUSE BILL.'

AFTER RECONSIDERATION OF MR. GEBHART'S CLAIM BY OUR OFFICE, IT WAS CONCLUDED THAT TEMPORARY STORAGE MIGHT REASONABLY BE CONSIDERED AS NECESSITATED BY AND INCIDENT TO HIS TRANSFER OVERSEAS. UNDER THE CIRCUMSTANCES AND PURSUANT TO SECTION 20 OF EXECUTIVE ORDER NO. 9805, DATED NOVEMBER 25, 1946, WE DECIDED THAT MR. GEBHART WAS ENTITLED TO THE ACTUAL EXPENSES OF TEMPORARY STORAGE (NOT TO EXCEED THE AUTHORIZED WEIGHT) FOR A PERIOD NOT TO EXCEED 60 DAYS.

ACCORDINGLY, SETTLEMENT IN THE AMOUNT OF $50.69 WAS AUTHORIZED. SUCH SUM REPRESENTS THE COST FOR THE FIRST AND SECOND MONTHS STORAGE PLUS WAREHOUSE LABOR OUT CHARGES. WHILE, UNDER THE CIRCUMSTANCES, YOU MAY FEEL THAT YOUR CLIENT SHOULD BE ENTITLED TO THE FULL COST OF STORAGE, NAMELY, $1,085.53, PAYMENT BY THE GOVERNMENT FOR NONTEMPORARY STORAGE SUCH AS WAS INVOLVED IN HIS CASE, WAS NOT AUTHORIZED PRIOR TO ENACTMENT ON SEPTEMBER 6, 1960, OF PUB.L. 86-707, 5 U.S.C. 73B-1 (E) (SUPP. II).

THEREFORE, AS THERE WAS NO PROVISION OF LAW AUTHORIZING PAYMENT OF NONTEMPORARY STORAGE CHARGES INCURRED PRIOR TO THE ABOVE ACT, THE SETTLEMENT OF JUNE 4, 1963, IN THE AMOUNT OF $50.69 MUST BE AND IS HEREBY SUSTAINED. SEE OUR DECISIONS B-144398, DATED NOVEMBER 23, 1960, AND B- 143965, DATED SEPTEMBER 28, 1960, CONCERNING THE LIMITED AUTHORITY CONTAINED IN EXECUTIVE ORDER NO. 9805, COPIES OF WHICH ARE ENCLOSED.