B-150558, SEPTEMBER 23, 1964, 44 COMP. GEN. 160

B-150558, SEPTEMBER 23, 1964, 44 COMP. GEN. 160

STORAGE - HOUSEHOLD EFFECTS - MILITARY PERSONNEL - TEMPORARY - COLLEGE ATTENDANCE. STORAGE - HOUSEHOLD EFFECTS - MILITARY PERSONNEL - NONTEMPORARY - COLLEGE ATTENDANCE. DISBURSING OFFICERS - RELIEF - LACK OF DUE CARE, ETC. - RELIEF DENIED WHEN THE PERMANENT CHANGES OF STATIONS OF MEMBERS OF THE UNIFORMED SERVICES ARE DELAYED BY PERMISSIVE TEMPORARY DUTY EN ROUTE TO PERMIT ATTENDANCE AT CIVILIAN COLLEGES TO FULFILL REQUIREMENTS FOR DEGREES, THE MEMBERS MAY NOT BE CREDITED WITH 90 DAYS' STORAGE OF HOUSEHOLD GOODS, NOR REIMBURSED FOR A 90-DAY PORTION OF A PROLONGED PERIOD OF STORAGE, PARAGRAPH 8100 OF THE JOINT TRAVEL REGULATIONS AUTHORIZING A 90-DAY PERIOD OF TEMPORARY DUTY INCIDENT TO A PERMANENT CHANGE OF STATION ONLY PROVIDING THAT STORAGE MAY ACCRUE AT PLACE OF ORIGIN, IN TRANSIT, AT DESTINATION, OR ANY COMBINATION THEREOF, IF INCIDENT TO AN "AUTHORIZED" SHIPMENT, AND WHEN A SHIPMENT OF HOUSEHOLD GOODS IS AUTHORIZED IN CONNECTION WITH A PERMANENT CHANGE OF STATION, THE MEMBER IS ENTITLED TO A 90-DAY PERIOD OF TEMPORARY STORAGE, EVEN THOUGH THE PERIOD MIGHT OCCUR DURING COLLEGE ATTENDANCE, THE ORDERS, HOWEVER, TO SHOW THE STORAGE WAS INCIDENT TO AN AUTHORIZED MOVEMENT OF HOUSEHOLD GOODS AND NOT INCIDENT TO PERMISSIVE TEMPORARY DUTY. ALTHOUGH A MEMBER OF THE UNIFORMED SERVICES UNDER TRAVEL ORDERS DIRECTING A PERMANENT CHANGE OF STATION WITH "PERMISSIVE TRAVEL" EN ROUTE AUTHORIZED PURSUANT TO PARAGRAPH 8253-2B OF THE JOINT TRAVEL REGULATIONS TO ATTEND A CIVILIAN COLLEGE IS NOT ENTITLED TO TRAVEL OR TRANSPORTATION COSTS, INCLUDING NONTEMPORARY STORAGE AND RELATED EXPENSES INCIDENT TO THE SCHOOL ASSIGNMENT, WHEN ASSIGNED OVERSEAS UNDER PERMANENT CHANGE-OF-STATION ORDERS AND DUE TO MILITARY RESTRICTIONS HIS DEPENDENTS WILL NOT JOIN HIM WITHIN 20 WEEKS AFTER HIS DEPARTURE, REQUIRING THE NONTEMPORARY STORAGE OF HOUSEHOLD GOODS, THE MEMBER'S PERMISSIVE TEMPORARY DUTY MAY NOT OPERATE TO DEPRIVE HIM OF HIS RIGHTS UNDER PARAGRAPH 8101 OF THE JOINT TRAVEL REGULATIONS TO AUTHORIZED NONTEMPORARY STORAGE OF HIS EFFECTS; HOWEVER, CHARGES FOR ANY ADDITIONAL STORAGE PERIOD NECESSITATED BY THE PERMISSIVE TEMPORARY DUTY ASSIGNMENT TO ATTEND A CIVILIAN COLLEGE ARE THE RESPONSIBILITY OF THE MEMBER. THE REGULATIONS AND TRAVEL ORDERS UNDER WHICH PAYMENTS WERE MADE BY DISBURSING OFFICERS FOR NONTEMPORARY STORAGE TO MEMBERS OF THE UNIFORMED SERVICES WHOSE PERMANENT CHANGES OF STATIONS WERE DELAYED BY PERMISSIVE TEMPORARY DUTY EN ROUTE TO ATTEND CIVILIAN COLLEGES NOT HAVING CONTEMPLATED ANY EXPENSE TO THE GOVERNMENT FOR NONTEMPORARY STORAGE, THE CONCLUSION THAT THE PAYMENTS WERE NOT THE RESULT OF LACK OF DUE CARE ON THE PART OF THE DISBURSING OFFICERS AS REQUIRED BY 31 U.S.C. 82A-2 IS NOT JUSTIFIED, AND RELIEF OF THE DISBURSING OFFICERS FROM ACCOUNTABILITY AND RESPONSIBILITY FOR DEFICIENCIES IN OFFICIAL DISBURSING ACCOUNTS AS PRESCRIBED BY SECTION 82A-2 IN CONSEQUENCE OF ANY ILLEGAL, IMPROPER, OR INCORRECT PAYMENT IS DENIED, AND IN THE SETTLEMENT OF THE ERRONEOUS PAYMENTS FOR NONTEMPORARY STORAGE DURING THE PERIOD OF PERMISSIVE TEMPORARY DUTY, CREDIT FOR 90 DAYS' TEMPORARY STORAGE MAY NOT BE ALLOWED.

TO THE SECRETARY OF THE ARMY, SEPTEMBER 23, 1964:

FURTHER REFERENCE IS MADE TO LETTER OF JULY 20, 1964, FROM THE UNDER SECRETARY OF THE ARMY, FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE (PDTATAC CONTROL NO. 64-27) ON JULY 22, 1964, CITING DECISION OF DECEMBER 30, 1963, B-150558, AND REQUESTING A DECISION ON CERTAIN QUESTIONS RELATING TO STORAGE OF HOUSEHOLD GOODS FOR MEMBERS OF THE UNIFORMED SERVICES WHEN THEIR PERMANENT CHANGES OF STATIONS ARE DELAYED BY PERMISSIVE TEMPORARY DUTY EN ROUTE TO PERMIT THEM TO ATTEND CIVILIAN COLLEGES TO FULFILL REQUIREMENTS FOR DEGREES.

THE DECISION OF DECEMBER 30, 1963, HELD THAT PERTINENT REGULATIONS DO NOT AND IN THE ABSENCE OF SOME STATUTORY AUTHORITY MAY NOT, RECOGNIZE A MEMBER'S ATTENDANCE UNDER PERMISSIVE ORDERS AT A CIVILIAN COLLEGE TO FULFILL REQUIREMENTS FOR A BACCALAUREATE DEGREE AS AN ASSIGNMENT TO MILITARY DUTY SO AS TO ENTITLE THE MEMBER TO NONTEMPORARY STORAGE OF HOUSEHOLD GOODS, AND RELATED SERVICES, AT GOVERNMENT EXPENSE UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO THE STATUTORY AUTHORITY CONTAINED IN SECTION 406, TITLE 37, OF THE UNITED STATES CODE. THE UNDER SECRETARY STATES THAT ACTION WAS TAKEN BY THE DEPARTMENT OF THE ARMY TO ADVISE MEMBERS AND FINANCE AND ACCOUNTING OFFICERS THAT, EFFECTIVE JANUARY 21, 1964, COSTS OF NONTEMPORARY STORAGE OF HOUSEHOLD GOODS DURING PERIODS OF PERMISSIVE TEMPORARY DUTY FOR THE PURPOSES STATED ABOVE WOULD BE CHARGED TO THE MEMBERS.

THE UNDER SECRETARY ALSO STATES THAT VOLUNTARY STUDY OF SUBJECTS WHICH ARE IMPORTANT TO THE MILITARY PROFESSION IS BENEFICIAL TO THE DEPARTMENT OF THE ARMY; THAT THE TYPE OF TRAINING PROVIDED BY ACCREDITED CIVILIAN SCHOOLS INCREASES UNDERSTANDING AND RAISES MILITARY PERFORMANCE POTENTIALS; AND THAT TO ACHIEVE MAXIMUM PARTICIPATION IN THE VOLUNTARY STUDY PROGRAM, IT WAS THE POLICY OF THE ARMY TO ISSUE ORDERS DIRECTING MEMBERS TO PERMANENT DUTY STATIONS WITH PERMISSIVE TEMPORARY DUTY EN ROUTE AFTER DETACHMENT FROM THE OLD STATIONS TO ATTEND SCHOOLS. SUCH ORDERS AUTHORIZED TRAVEL ALLOWANCES, INCLUDING TRANSPORTATION OF DEPENDENTS AND MOVEMENT OF HOUSEHOLD GOODS, FROM THE OLD DUTY STATIONS TO THE NEW DUTY STATIONS. THE UNDER SECRETARY FURTHER STATES THAT PRIOR TO JANUARY 21, 1964, THE STORAGE OF HOUSEHOLD GOODS WAS CONSIDERED AS A NECESSARY SERVICE INCIDENT TO TRANSPORTATION OF THE HOUSEHOLD GOODS TO THE NEW PERMANENT DUTY STATIONS. HE REQUESTS, IN CONSIDERATION OF THE FOREGOING, THAT CREDIT BE ALLOWED IN THE ACCOUNTS OF THE FINANCE AND ACCOUNTING OFFICERS FOR THE PAYMENTS MADE FOR NONTEMPORARY STORAGE OF HOUSEHOLD GOODS UNDER THESE CIRCUMSTANCES PRIOR TO JANUARY 21, 1964. HE SAYS THAT SUCH PAYMENTS WERE MADE IN GOOD FAITH UNDER REGULATIONS WHICH AUTHORIZED NONTEMPORARY STORAGE OF HOUSEHOLD GOODS IN CONNECTION WITH PERMANENT CHANGES OF STATIONS; THAT THE MEMBERS ACCEPTED THE SERVICES IN GOOD FAITH AND THAT COLLECTION OF AMOUNTS FOR THESE SERVICES AT A LATER DATE WOULD, IN MANY CASES, CAUSE FINANCIAL HARDSHIPS.

THE UNDER SECRETARY REQUESTS ANSWERS TO THE FOLLOWING QUESTIONS FOR APPLYING THE DECISION OF DECEMBER 30, 1963, TO PERMANENT CHANGES OF STATIONS OF THE MEMBERS INVOLVED:

A. MAY A MEMBER BE CREDITED WITH A PERIOD OF 90 DAYS OF TEMPORARY STORAGE (INCLUDING HANDLING-IN AND HANDLING-OUT CHARGES) AS PROVIDED IN PARAGRAPH 8100, JOINT TRAVEL REGULATIONS, AT GOVERNMENT EXPENSE INCIDENT TO TRANSPORTATION OF HOUSEHOLD GOODS? IF THE ANSWER IS IN THE AFFIRMATIVE, MAY TEMPORARY STORAGE BE PROVIDED AT ORIGIN OR DESTINATION, OR MAY IT BE PROVIDED AT EITHER PLACE?

B. MAY A MEMBER BE AUTHORIZED NONTEMPORARY STORAGE OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE (INCLUDING THE PERIOD OF PERMISSIVE TEMPORARY DUTY) ON RECEIPT OF PERMANENT CHANGE OF STATION ORDERS TO AN OVERSEAS DUTY STATION WITH PERMISSIVE TEMPORARY DUTY EN ROUTE, UNDER THE AUTHORITY OF PARAGRAPH 8253-2B, JOINT TRAVEL REGULATIONS, WHEN, DUE TO MILITARY RESTRICTIONS, IT IS ANTICIPATED THAT DEPENDENTS WILL NOT BE PERMITTED TO JOIN THE MEMBER WITHIN 20 WEEKS?

WITH REGARD TO QUESTION A, PARAGRAPH 8100-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT TEMPORARY STORAGE IS STORAGE AUTHORIZED IN CONNECTION WITH A SHIPMENT OF PERMANENT CHANGE-OF-STATION WEIGHT ALLOWANCE OF HOUSEHOLD GOODS AND SUCH STORAGE IS CUMULATIVE AND MAY ACCRUE AT PLACE OF ORIGIN, IN TRANSIT, AT DESTINATION, OR ANY COMBINATION THEREOF. WHEN STORAGE FACILITIES ARE NOT AVAILABLE AT THE PLACE OF ORIGIN OR AT DESTINATION, STORAGE MAY BE AUTHORIZED IN THE NEAREST AVAILABLE STORAGE FACILITY. PARAGRAPH 8100-2A OF THE REGULATIONS PROVIDES THAT A MEMBER WILL BE ENTITLED TO TEMPORARY STORAGE AT GOVERNMENT EXPENSE FOR A PERIOD OF 90 DAYS IN CONNECTION WITH ANY AUTHORIZED SHIPMENT OF HOUSEHOLD GOODS. THE REGULATION DOES NOT PROVIDE FOR ANY SHOWING OF THE NECESSITY FOR SUCH STORAGE AND, GENERALLY, NO SUCH SHOWING IS REQUIRED. HOWEVER, TEMPORARY STORAGE MUST BE INCIDENT TO AN "AUTHORIZED" SHIPMENT AND THEREFORE SUCH STORAGE IS NOT AUTHORIZED AT GOVERNMENT EXPENSE IF IT IS INCIDENT TO THE MEMBER'S ATTENDANCE AT A CIVILIAN COLLEGE UNDER PERMISSIVE ORDERS. HENCE, THERE WOULD BE NO AUTHORITY TO CREDIT THE MEMBER WITH A PERIOD OF 90 DAYS OF STORAGE IF IT IS IN FACT INCIDENT TO SUCH COLLEGE ATTENDANCE. THUS, IF THE MEMBER'S HOUSEHOLD EFFECTS ARE PLACED IN STORAGE FOR A PROLONGED PERIOD BY REASON OF HIS PERMISSIVE ASSIGNMENT TO ATTEND A CIVILIAN COLLEGE, WE ARE OF THE VIEW THAT THERE WOULD BE NO AUTHORITY TO REIMBURSE HIM FOR A 90-DAY PORTION OF SUCH PERIOD. IN THE CASE OF AUTHORIZED SHIPMENTS, THOSE IN FACT INCIDENT TO THE PERMANENT CHANGE-OF-STATION MOVE, THE MEMBER IS, OF COURSE, ENTITLED TO SHIP HIS GOODS FROM HIS OLD TO HIS NEW STATION OR AS OTHERWISE AUTHORIZED AT GOVERNMENT EXPENSE AND IS ENTITLED TO STORAGE OF 90 DAYS IF IT IS IN FACT INCIDENT TO SUCH SHIPMENT EVEN THOUGH THE PERIOD MIGHT OCCUR DURING HIS ATTENDANCE AT COLLEGE. CASES WHERE PAYMENT IS MADE FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS UNDER SUCH ORDERS DIRECTING A PERMANENT CHANGE OF STATION WITH PERMISSIVE TEMPORARY DUTY EN ROUTE, THERE SHOULD BE A SHOWING THAT SUCH STORAGE WAS NECESSARY INCIDENT TO THE AUTHORIZED MOVEMENT OF THE GOODS RATHER THAN INCIDENT TO THE PERMISSIVE TEMPORARY DUTY. QUESTION A IS ANSWERED ACCORDINGLY.

AS TO QUESTION B, PARAGRAPH 8253-2B OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN A MEMBER IS ORDERED TO AN OVERSEAS STATION AND SHIPMENT OF HOUSEHOLD GOODS IS PROHIBITED, OR WHEN, DUE TO MILITARY RESTRICTIONS, IT IS ANTICIPATED THAT DEPENDENTS WILL NOT BE PERMITTED TO JOIN HIM WITHIN 20 WEEKS, SHIPMENT IS AUTHORIZED TO NONTEMPORARY STORAGE UNDER PARAGRAPH 8010 OF THE REGULATIONS AND SUBSEQUENTLY FROM SUCH NONTEMPORARY STORAGE TO THE MEMBER'S CURRENT DUTY STATION. IN THE DECISION OF DECEMBER 30, 1963, IT WAS HELD THAT THE ADMINISTRATIVE REGULATIONS QUOTED THEREIN AND TRAVEL ORDERS DIRECTING A PERMANENT CHANGE OF STATION WITH "PERMISSIVE TRAVEL" AUTHORIZED FOR THE PURPOSE OF ATTENDING A CIVILIAN COLLEGE CLEARLY DO NOT CONTEMPLATE ANY EXPENSE TO THE GOVERNMENT FOR ANY TRAVEL OR TRANSPORTATION COSTS INCLUDING CHARGES FOR NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS, AND RELATED EXPENSES, INCIDENT TO THE SCHOOL ASSIGNMENT IRRESPECTIVE OF THE FACT THAT THE ORDERS PROVIDE FOR A PERMANENT CHANGE OF STATION. IN THE CIRCUMSTANCES PRESENTED, HOWEVER, THE MEMBER IS IN RECEIPT OF PERMANENT CHANGE-OF-STATION ORDERS ASSIGNING HIM OVERSEAS WHERE, DUE TO MILITARY RESTRICTIONS, IT IS ANTICIPATED THAT HIS DEPENDENTS WILL NOT BE PERMITTED TO JOIN HIM WITHIN 20 WEEKS AFTER HIS DEPARTURE FOR SUCH STATION. CLEARLY, WHEN THE MEMBER IS REQUIRED TO COMPLY WITH HIS ORDERS, SHIPMENT OF HIS HOUSEHOLD EFFECTS TO NONTEMPORARY STORAGE WOULD BE AUTHORIZED IF PERMISSIVE TEMPORARY DUTY EN ROUTE WERE NOT INVOLVED. WHILE NONTEMPORARY STORAGE AT GOVERNMENT EXPENSE INCIDENT TO PERMISSIVE TEMPORARY DUTY IS NOT AUTHORIZED, SUCH PERMISSIVE TEMPORARY DUTY MAY NOT OPERATE TO DEPRIVE THE MEMBER OF HIS RIGHT UNDER SUCH PROVISIONS TO THE AUTHORIZED NONTEMPORARY STORAGE OF HIS EFFECTS. CHARGES FOR ANY ADDITIONAL STORAGE PERIOD MADE NECESSARY BY THE PERMISSIVE TEMPORARY DUTY ASSIGNMENT, HOWEVER, ARE THE RESPONSIBILITY OF THE MEMBER.

SECTION 82A-2 OF TITLE 31, U.S.C. AUTHORIZES THE COMPTROLLER GENERAL IN HIS DISCRETION TO RELIEVE A DISBURSING OFFICER OR A FORMER DISBURSING OFFICER OF ACCOUNTABILITY AND RESPONSIBILITY FOR A DEFICIENCY IN HIS OFFICIAL DISBURSING ACCOUNTS IN CONSEQUENCE OF THE MAKING OF ANY ILLEGAL, IMPROPER, OR INCORRECT PAYMENT WHENEVER THE COMPTROLLER GENERAL DETERMINES, UPON HIS OWN MOTION OR UPON WRITTEN FINDINGS AND RECOMMENDATIONS MADE BY THE HEAD OF THE GOVERNMENT DEPARTMENT CONCERNED, THAT SUCH PAYMENT WAS NOT THE RESULT OF BAD FAITH OR LACK OF DUE CARE ON THE PART OF THE DISBURSING OFFICER. SINCE, HOWEVER, THE REGULATIONS AND TRAVEL ORDERS PERTAINING TO THE PAYMENTS MADE FOR NONTEMPORARY STORAGE OF HOUSEHOLD GOODS IN THE CASES REFERRED TO IN THE UNDER SECRETARY'S LETTER CLEARLY DID NOT CONTEMPLATE ANY EXPENSE TO THE GOVERNMENT FOR NONTEMPORARY STORAGE OF HOUSEHOLD GOODS, WE WOULD NOT BE JUSTIFIED IN CONCLUDING THAT SUCH PAYMENTS WERE NOT THE RESULT OF LACK OF DUE CARE ON THE PART OF THE DISBURSING OFFICERS AS REQUIRED BY 31 U.S.C. 82A-2 AND RELIEF THEREUNDER MUST BE DENIED.

THE UNDER SECRETARY INQUIRES, IF IT IS CONSIDERED THAT CREDIT MAY NOT BE ALLOWED IN THE ACCOUNTS OF THE FINANCE AND ACCOUNTING OFFICERS FOR PAYMENTS MADE FOR NONTEMPORARY STORAGE PRIOR TO JANUARY 21, 1964, AND IF THE REPLY TO QUESTION A IS IN THE AFFIRMATIVE, WHETHER A MEMBER MAY BE CREDITED WITH AN AMOUNT WHICH IS THE COST TO THE GOVERNMENT FOR 90 DAYS' TEMPORARY STORAGE IN SETTLEMENT OF THE ERRONEOUS PAYMENT FOR NONTEMPORARY STORAGE DURING THE PERIOD OF PERMISSIVE TEMPORARY DUTY. SINCE THE STORAGE WAS APPARENTLY INCIDENT TO THE PERMISSIVE TEMPORARY DUTY AND A MEMBER IS NOT ENTITLED TO SUCH STORAGE AT GOVERNMENT EXPENSE, CREDIT FOR 90 DAYS' TEMPORARY STORAGE MAY NOT BE ALLOWED IN SETTLEMENT OF THE ERRONEOUS PAYMENTS.