B-87595, SEPTEMBER 20, 1949, 29 COMP. GEN. 133

B-87595, SEPTEMBER 20, 1949, 29 COMP. GEN. 133

STORAGE - HOUSEHOLD EFFECTS - RESIGNATION PRIOR TO SHIPMENT TO NEW STATION UNDER SECTION 12 (B) OF EXECUTIVE ORDER NO. 9805, AS ADDED BY EXECUTIVE ORDER NO. 9933, AUTHORIZING--- ON SEPARATE BASIS--- REIMBURSEMENT AT THE COMMUTED RATES PRESCRIBED THEREIN FOR THE EXPENSES OF TEMPORARY STORAGE OF HOUSEHOLD EFFECTS INCIDENT TO A CHANGE OF STATION, A TRANSFERRED EMPLOYEE WHOSE HOUSEHOLD EFFECTS WERE PLACED IN STORAGE AT HIS OLD STATION IN ANTICIPATION OF SHIPMENT TO THE NEW PERMANENT STATION BUT WHICH WERE NOT SHIPPED THERETO BECAUSE OF HIS RESIGNATION IS ENTITLED TO REIMBURSEMENT FOR THE COST OF STORAGE SO LONG AS THE EXPENSES INVOLVED CAN BE DETERMINED TO HAVE BEEN INCURRED INCIDENT TO CHANGE OF STATION ORDERS. COMPARE 27 COMP. GEN. 89.

COMPTROLLER GENERAL WARREN TO R. F. KEEFE, DEPARTMENT OF COMMERCE, SEPTEMBER 20, 1949:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 29, 1949, TRANSMITTING A VOUCHER IN FAVOR OF JOHN O. WARD IN THE AMOUNT OF $153.18, REPRESENTING EXPENSES INCURRED FOR STORAGE OF HOUSEHOLD EFFECTS AT KANSAS CITY, MISSOURI, IN ANTICIPATION OF SHIPMENT OF THE EFFECTS FROM KANSAS CITY TO HIS NEW STATION IN WASHINGTON, D.C., UNDER TRAVEL ORDER NO. 841 DATED FEBRUARY 26, 1948. YOU REQUEST MY DECISION AS TO THE PROPRIETY OF MAKING PAYMENT TO THE EMPLOYEE IN THE AMOUNT ALLOWABLE AT THE COMMUTED RATE UNDER EXECUTIVE ORDER NO. 9805, DATED NOVEMBER 25, 1946, AS AMENDED.

THE REPORTED FACTS DISCLOSE THAT MR. WARD LEFT KANSAS CITY ON MARCH 11, 1948, AND ARRIVED IN WASHINGTON, D.C., ON MARCH 14, 1948, AND APPARENTLY MADE ARRANGEMENTS TO STORE HIS HOUSEHOLD EFFECTS IN KANSAS CITY UNTIL LIVING QUARTERS WERE OBTAINED IN WASHINGTON, D.C. HOWEVER, HE RESIGNED FROM HIS POSITION ON AUGUST 10, 1948, AND, CONSEQUENTLY, HIS GOODS WERE NOT SHIPPED TO WASHINGTON. MR. WARD NOW SUBMITS A VOUCHER, ENCLOSING A RECEIPTED INVOICE FROM THE CARRIER INDICATING PAYMENT IN THE AMOUNT OF $156.08 FOR STORAGE AND OTHER INCIDENTAL EXPENSES FOR THE FIVE-MONTH PERIOD FROM MARCH 14 TO AUGUST 14, 1948, IN WHICH HE SEEKS REIMBURSEMENT IN THE AMOUNT OF $153.18, PRORATING THE CHARGES FOR THE PERIOD MARCH 14 TO AUGUST 10, 1948, THE DATE OF HIS RESIGNATION. THE INVOICE CONTAINS A STATEMENT TO THE EFFECT THAT THE GOODS WERE NOT WEIGHED WHILE IN THE POSSESSION OF THE CARRIER BUT THAT THE WEIGHT OF SUCH EFFECTS WAS ESTIMATED TO BE APPROXIMATELY 5,500 POUNDS.

WITH RESPECT TO THE MATTER OF REIMBURSEMENT FOR TEMPORARY STORAGE CHARGES UNDER THE PROVISIONS OF THE ACT OF AUGUST 2, 1946, AUTHORIZING THE PAYMENT OF EXPENSES OF TRANSPORTATION, PACKING, FREIGHTING, TEMPORARY STORAGE, DRAYAGE, AND UNPACKING OF HOUSEHOLD EFFECTS ON A COMMUTED BASIS AT RATES FIXED IN REGULATIONS PRESCRIBED BY THE PRESIDENT, IT WAS HELD IN DECISION OF AUGUST 13, 1947, 27 COMP. GEN. 89, THAT REIMBURSEMENT WAS NOT AUTHORIZED FOR STORAGE EXPENSES OF HOUSEHOLD EFFECTS AT THE FORMER DUTY STATION WHERE SHIPMENT TO THE NEW STATION WAS NOT EFFECTED BECAUSE OF THE EMPLOYEE'S REASSIGNMENT TO DUTY AT THE FORMER STATION, FOR THE REASON THAT SECTION 12 OF EXECUTIVE ORDER NO. 9805, ISSUED PURSUANT TO THE 1946 STATUTE, PROVIDED NO BASIS FOR A BREAKDOWN OF THE COMMUTED RATES INTO A SEPARATE CHARGE FOR STORAGE.

EXECUTIVE ORDER NO. 9933 DATED FEBRUARY 28, 1948, AMENDED SECTION 12 OF EXECUTIVE ORDER NO. 9805 TO PROVIDE, UNDER SECTION 12 (A), FOR REIMBURSEMENT ON A COMMUTED BASIS OF EXPENSES OF TRANSPORTATION, PACKING, CRATING, DRAYAGE, AND UNPACKING OF HOUSEHOLD EFFECTS. WITH RESPECT TO THE MATTER OF EXPENSES FOR TEMPORARY STORAGE OF SUCH EFFECTS, SECTION 12 (B) OF THE AFORESAID EXECUTIVE ORDER NO. 9933 PROVIDES AS FOLLOWS:

COMMUTATION OF EXPENSES--- TEMPORARY STORAGE. IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TEMPORARY STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IN THE CASE OF TRANSFERS BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES AND IN ADDITION TO ALLOWANCE UNDER SCHEDULE A, REIMBURSEMENT SHALL BE MADE TO THE EMPLOYEE AT THE COMMUTED RATE OF $1.60 PER HUNDRED POUNDS FOR THE FIRST 30 DAYS OF STORAGE OR FRACTION THEREOF PLUS 40 CENTS PER HUNDRED POUNDS FOR THE NEXT 30 DAYS OR FRACTION THEREOF: PROVIDED, HOWEVER, THAT THE AMOUNT OF THE REIMBURSEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE EMPLOYEE FOR THE STORAGE IN QUESTION. ANY CLAIM FOR REIMBURSEMENT FOR TEMPORARY STORAGE SHALL BE SUPPORTED BY THE ORIGINAL OR CERTIFIED COPY OF THE RECEIPTED WAREHOUSE BILL.

ACCORDINGLY, SINCE THE REGULATIONS NOW PROVIDE A SEPARATE BASIS FOR PAYMENT OF TEMPORARY STORAGE EXPENSES, SUCH EXPENSES MAY BE ALLOWED WHETHER OR NOT SHIPMENT OF THE EFFECTS IS MADE SO LONG AS THE EXPENSES INVOLVED CAN BE DETERMINED TO HAVE BEEN INCURRED INCIDENT TO THE CHANGE OF STATION ORDERS.

IN THE INSTANT CASE, WHILE THE STORAGE CHARGES AS PAID FOR BY THE EMPLOYEE WERE NOT BASED UPON THE WEIGHT OF THE GOODS, THE APPROXIMATE WEIGHT OF 5,500 POUNDS, BEING SUBSTANTIALLY IN ACCORD WITH THAT SHOWN ON THE TRANSFER ORDER AS THE ESTIMATED WEIGHT OF THE HOUSEHOLD EFFECTS, MAY BE CONSIDERED AS PROPER IN COMPUTING THE AMOUNT ALLOWABLE UNDER THE COMMUTED RATE PROVIDED IN THE QUOTED PROVISION ABOVE. ALSO, SINCE THE ACTUAL EXPENSES FOR THE TEMPORARY STORAGE FOR THE FIRST 60 DAYS TOGETHER WITH THE OTHER INCIDENTAL EXPENSES ARISING FROM SUCH STORAGE ARE IN EXCESS OF THE AMOUNT OF SUCH EXPENSES COMPUTED IN ACCORDANCE WITH THE COMMUTED RATE ALLOWABLE FOR 5,500 POUNDS, OR $110, AND SINCE THE EXPENSES WERE INCURRED IN CONNECTION WITH A CHANGE OF STATION, YOUR PROPOSAL TO MAKE PAYMENT IN THE AMOUNT OF $110 IS APPROVED AND THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT IN THAT AMOUNT, IF OTHERWISE CORRECT.