B-187947, MAR 17, 1977

B-187947, MAR 17, 1977

EMPLOYEE WHO INCIDENT TO TRANSFER OVERSEAS WAS AUTHORIZED TRANSPORTATION AND NONTEMPORARY STORAGE OF HOUSEHOLD GOODS IS NOT ENTITLED TO REIMBURSEMENT OF COST OF MOVING HOUSEHOLD GOODS BY PRIVATELY OWNED AUTOMOBILE TO PERMANENT RESIDENCE IN UNITED STATES, SINCE NO EVIDENCE WAS SUBMITTED TO SHOW THE COST OF TRANSPORTATION OF THE HOUSEHOLD GOODS. NEITHER WOULD THE EMPLOYEE BE ENTITLED TO NONTEMPORARY STORAGE OF HOUSEHOLD GOODS SINCE 2 JTR PARA. C7052-3C REQUIRES THAT RESPONSIBLE TRANSPORTATION OFFICER DETERMINE PLACE OF NONTEMPORARY STORAGE AND EMPLOYEE WAS NOT AUTHORIZED TO TRANSPORT GOODS TO PERMANENT RESIDENCE FOR STORAGE.

MADGE BERNADINE BURK - REIMBURSEMENT OF COST OF TRANSPORTATION OF HOUSEHOLD GOODS:

THIS IS IN RESPONSE TO A REQUEST BY MS. MADGE BERNADINE BURK FOR RECONSIDERATION OF THAT PART OF THE CERTIFICATE OF SETTLEMENT DATED MARCH 12, 1975, WHICH DISALLOWED HER CLAIM FOR REIMBURSEMENT OF THE COST OF THE TRANSPORTATION OF HER HOUSEHOLD EFFECTS FROM FORESTVILLE, MARYLAND, TO NACOGDOCHES, TEXAS.

THE RECORD SHOWS THAT MS. BURK, AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, BY TRAVEL ORDER DATED JUNE 13, 1972, WAS TRANSFERRED FROM FORESTVILLE, MARYLAND, TO KADENA AIR FORCE BASE (AFB), OKINAWA. THE TRAVEL ORDER AUTHORIZED TRANSPORTATION OF HOUSEHOLD GOODS NOT IN EXCESS OF 2,000 POUNDS. IT ALSO AUTHORIZED NONTEMPORARY STORAGE OF HOUSEHOLD GOODS. MS. BURK DEPARTED FORESTVILLE ON JUNE 16, 1972, BY PRIVATELY OWNED AUTOMOBILE FOR HER PERMANENT RESIDENCE IN NACOGDOCHES ENROUTE TO KADENA AFB. SHE STATES THAT DUE TO THE LATE RECEIPT OF HER TRAVEL ORDER, AND ALSO DUE TO HURRICANE AGNES, SHE WAS NOT ABLE TO UTILIZE GOVERNMENT FACILITIES TO MOVE HER HOUSEHOLD GOODS, NOR COULD COMMERCIAL MOVERS BE UTILIZED PRIOR TO THE EXPIRATION OF HER APARTMENT LEASE ON JUNE 30, 1972. AS A RESULT, SHE PACKED WHAT HOUSEHOLD GOODS SHE COULD WITHOUT OBTAINING THE OFFICIAL WEIGHT AND MOVED IT IN HER PRIVATELY OWNED AUTOMOBILE. MS. BURK RETURNED TO FORESTVILLE ON JUNE 23, 1972, TO HAUL ANOTHER LOAD OF HOUSEHOLD GOODS TO NACOGDOCHES. SHE THEN LEFT HER PRIVATELY OWNED AUTOMOBILE IN NACOGDOCHES AND PROCEEDED BY AIR TO KADENA AFB.

MS. BURK HAS BEEN REIMBURSED FOR HER TRAVEL AND FOR TRANSPORTATION OF HER HOUSEHOLD GOODS FROM NACOGDOCHES TO KADENA AFB BUT HAS NOT BEEN REIMBURSED FOR THE COST OF TRANSPORTING HER HOUSEHOLD GOODS FROM FORESTVILLE TO NACOGDOCHES.

A GOVERNMENT EMPLOYEE TRANSFERRED TO A LOCATION OUTSIDE THE CONTINENTAL UNITED STATES IS ENTITLED TO REIMBURSEMENT OF THE COST OF THE TRANSPORTATION OF HIS HOUSEHOLD GOODS ON AN ACTUAL EXPENSE BASIS IN AN AMOUNT NOT TO EXCEED THE COST OF TRANSPORTATION FROM HIS OLD PERMANENT DUTY STATION TO HIS NEW PERMANENT DUTY STATION BY A USUALLY TRAVELED ROUTE. ALSO, THE EMPLOYEE IS ENTITLED TO SHIPMENT OF ALL OF HIS HOUSEHOLD GOODS OR A PORTION THEREOF TO AN ALTERNATE DESTINATION IN THE CONTINENTAL UNITED STATES SPECIFIED AT THE TIME OF THE TRANSFER. SELECTION OF AN ALTERNATE DESTINATION WILL BE IN LIEU OF TRANSPORTATION TO THE OVERSEAS PERMANENT DUTY STATION FOR THAT PORTION OF THE HOUSEHOLD GOODS SHIPPED TO SUCH ALTERNATE LOCATION. 2 JOINT TRAVEL REGULATIONS (JTR) PARA. C7052-4 (CHANGE 65, MARCH 1, 1971). WHENEVER POSSIBLE, MOVEMENT OF HOUSEHOLD GOODS WILL BE ACCOMPLISHED BY A GOVERNMENT BILL OF LADING (GBL) IRRESPECTIVE OF WHETHER THE DESTINATION IS WITHIN OR OUTSIDE THE CONTINENTAL UNITED STATES. THE ACTIVITY PROCESSING THE EMPLOYEE WILL MAKE THE NECESSARY ARRANGEMENTS THROUGH THE LOCAL TRANSPORTATION OFFICER FOR SHIPMENT OF HOUSEHOLD GOODS. 2 JTR C7052-5.

IF GOODS ARE NOT SHIPPED ON A GBL, REIMBURSEMENT IS TO BE MADE TO THE EMPLOYEE FOR TRANSPORTATION EXPENSES ACTUALLY AND NECESSARILY INCURRED, WITHIN SPECIFIED LIMITATIONS, IF PROPERLY DOCUMENTED. OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULAR NO. A-56, PARA. 6.6D; B-175984, FEBRUARY 12, 1973.

NONTEMPORARY STORAGE OF THE HOUSEHOLD GOODS OF AN EMPLOYEE TRANSFERRED TO AN OVERSEAS PERMANENT DUTY STATION MAY BE AUTHORIZED IN THE PUBLIC INTEREST. 2 JTR PARA. C7052-3C. HOUSEHOLD GOODS MAY BE STORED EITHER IN AVAILABLE GOVERNMENT-OWNED STORAGE SPACE, OR IN SUITABLE COMMERCIAL OR PRIVATELY OWNED SPACE IF GOVERNMENT SPACE IS NOT AVAILABLE, OR IF COMMERCIAL OR PRIVATELY OWNED SPACE IS MORE ECONOMICAL OR SUITABLE. THE RESPONSIBLE TRANSPORTATION OFFICER IS TO MAKE THE DETERMINATION OF WHERE THE GOODS ARE TO BE STORED.

SINCE MS. BURK WAS AUTHORIZED TRANSPORTATION OF HER HOUSEHOLD GOODS NOT TO EXCEED 2,000 POUNDS, AND NONTEMPORARY STORAGE NOT TO EXCEED 5,000 POUNDS FROM FORESTVILLE TO KADENA AFB, IT APPEARS THAT THE AGENCY INTENDED THAT MS. BURK STORE THE MAJOR PORTION OF HER GOODS AND PROCEED DIRECTLY TO KADENA. THIS PROCEDURE WOULD BE IN ACCORD WITH THE REGULATIONS DISCUSSED ABOVE. INSTEAD, MS. BURK TRAVELED BY PRIVATELY OWNED VEHICLE WITH HER HOUSEHOLD GOODS TO NACOGDOCHES AND THEN PROCEEDED TO KADENA AFB. MS. BURK HAS PRODUCED NO DOCUMENTATION TO SUPPORT HER CLAIM FOR TRANSPORTATION EXPENSES FROM FORESTVILLE TO NACOGDOCHES. IN HER LETTER OF APPEAL, MS. BURK MENTIONS A BILL OF LADING USED IN CONNECTION WITH TRANSPORTATION OF CERTAIN OF HER HOUSEHOLD GOODS, BUT HAS NOT ENCLOSED A COPY OF THAT DOCUMENT OR EXPLAINED THE RELATIONSHIP BETWEEN THE GOODS SHIPPED ON THE BILL OF LADING AND THOSE TRANSPORTED IN HER CAR. FURTHERMORE, MS. BURK DID NOT UTILIZE THE NONTEMPORARY STORAGE FACILITIES AS AUTHORIZED IN HER TRAVEL ORDERS. IT IS NOT CLEAR WHETHER OR NOT MS. BURK STORED PART OF HER HOUSEHOLD EFFECTS IN NACOGDOCHES OR WHETHER SHE SHIPPED THEM ALL TO KADENA. SINCE WE HAVE NOT BEEN FURNISHED EVIDENCE SHOWING THE COST OF THE TRANSPORTATION OF THE HOUSEHOLD GOODS TO NACOGDOCHES WE CANNOT AUTHORIZE REIMBURSEMENT. NEITHER CAN WE ALLOW REIMBURSEMENT FOR NONTEMPORARY STORAGE SINCE 2 JTR 7052-3C, REQUIRES THAT THE TRANSPORTATION OFFICER DETERMINE THE PLACE OF STORAGE.

ACCORDINGLY, WE SUSTAIN THE ACTION OF OUR CLAIMS DIVISION IN DISALLOWING MS. BURK'S CLAIM FOR FURTHER TRANSPORTATION ALLOWANCES.

IN RESPONSE TO MS. BURK'S REQUEST AS TO THE COURT THAT WOULD HAVE JURISDICTION IN AN APPEAL FROM A DECISION OF THE GENERAL ACCOUNTING OFFICE, THE UNITED STATES COURT OF CLAIMS AND THE UNITED STATES DISTRICT COURTS HAVE JURISDICTION TO CONSIDER CERTAIN CLAIMS AGAINST THE GOVERNMENT IF SUIT IS FILED WITHIN 6 YEARS AFTER THE CLAIM FIRST ACCRUED. SEE 28 U.S.C. 1346(A)(2), 1491, 2401 AND 2501.