B-148018, MAY 10, 1962

B-148018, MAY 10, 1962

TO CERTIFYING OFFICER, FINANCIAL MANAGEMENT BRANCH, NATIONAL INSTITUTES OF HEALTH:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 23, 1962, TRANSMITTING TWO VOUCHERS IN FAVOR OF ALLIED VAN LINES, INC., CAPITOL VAN LINES, AGENT, FOR CHARGES INCURRED IN STORAGE OF 500 POUNDS OF HOUSEHOLD EFFECTS OF DR. ARNOLD N. WEINBERG FOR A TWO-MONTH PERIOD, JULY 10 TO SEPTEMBER 7, 1961, AND SHIPMENT OF 7,700 POUNDS AS 8,000 POUNDS OF HIS HOUSEHOLD EFFECTS, INCLUDING THE 500 POUNDS STORED, FROM KENSINGTON, MARYLAND, TO MILTON, MASSACHUSETTS, ON THE LATTER DATE. THE STORAGE IN TRANSIT WAS IN WASHINGTON, D.C.

DR. WEINBERG WAS RELIEVED FROM DUTY AT NATIONAL INSTITUTES OF HEALTH, BETHESDA, MARYLAND, ON JULY 11, 1960, AND FROM ACTIVE DUTY EFFECTIVE JULY 13, 1960, BY PARAGRAPH 4, PERSONNEL ORDER NO. 140, DATED JULY 19, 1960, IT BEING SHOWN THAT PAYMENT OF TRAVEL ALLOWANCE WAS AUTHORIZED TO WALTHAM, MASSACHUSETTS. YOU QUESTION WHETHER PAYMENT ON THE VOUCHERS IS AUTHORIZED IN VIEW OF PARAGRAPH 8259-6 OF THE JOINT TRAVEL REGULATIONS AND DECISION OF APRIL 16, 1954, 33 COMP. GEN. 470.

PARAGRAPH 8259-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER ON ACTIVE DUTY WHO IS SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY IS ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS FROM LAST DUTY STATION TO THE PLACE TO WHICH THE MEMBER ELECTS TO RECEIVE TRAVEL ALLOWANCE FOR HIS OWN TRAVEL. SUBPARAGRAPH 6 OF THE SAME PARAGRAPH PROVIDES THAT ENTITLEMENT TO SHIPMENT UNDER THAT PARAGRAPH WILL TERMINATE IN ANY CASE WHERE HOUSEHOLD GOODS ARE NOT TURNED OVER TO A TRANSPORTATION OFFICER OR TO A CARRIER FOR SHIPMENT WITHIN ONE YEAR FOLLOWING SEPARATION FROM SERVICE OR RELIEF FROM ACTIVE DUTY. PARAGRAPH 8100 OF THE SAME REGULATIONS PROVIDES THAT TEMPORARY STORAGE IS STORAGE AUTHORIZED IN CONNECTION WITH A SHIPMENT OF PERMANENT CHANGE-OF-STATION WEIGHT ALLOWANCE OF HOUSEHOLD GOODS AND MAY ACCRUE AT PLACE OF ORIGIN, IN TRANSIT, AT DESTINATION, OR ANY COMBINATION THEREOF. IT FURTHER 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. IN 33 COMP. GEN.470 IT WAS HELD THAT WHEN INCIDENT TO PERMANENT CHANGE OF STATION ORDERS THE HOUSEHOLD EFFECTS OF A MEMBER OF THE UNIFORMED SERVICES ARE PLACED IN STORAGE AT THE POINT OF ORIGIN SOLELY UPON THE OWNER'S RESPONSIBILITY WITH INTENTION OF MOVING SHIPMENT UNDER SUCH ORDERS, AND NO SHIPMENT IS EFFECTED, NO PART OF SUCH STORAGE MAY BE REGARDED AS TEMPORARY STORAGE AT GOVERNMENT EXPENSE, IRRESPECTIVE OF THE MEMBER'S INTENTIONS AT TIME OF STORAGE. THUS, ACTUAL SHIPMENT IS REQUIRED FOR ENTITLEMENT TO TEMPORARY STORAGE AT ORIGIN. THEREFORE, 33 COMP. GEN. 470 DOES NOT APPLY TO THE PRESENT CASE SINCE ACTUAL SHIPMENT OF THE EFFECTS STORED FOLLOWED THE TEMPORARY STORAGE.

SINCE IT APPEARS THAT DR. WEINBERG TURNED OVER TO A CARRIER 500 POUNDS OF HOUSEHOLD EFFECTS FOR TEMPORARY STORAGE AT ORIGIN WITHIN ONE YEAR FOLLOWING HIS RELEASE FROM ACTIVE DUTY, WHICH EFFECTS WERE IN FACT SHIPPED TO DESTINATION, HE IS ENTITLED TO STORAGE AND RELATED CHARGES FOR THE 500 POUNDS, AND TO THE EXTRA PICK-UP AND TRANSPORTATION OF THOSE EFFECTS TO DESTINATION AT GOVERNMENT EXPENSE NOT TO EXCEED THE COST OF SHIPMENT FROM KENSINGTON, MARYLAND, TO WALTHAM, MASSACHUSETTS. SINCE THE REMAINING HOUSEHOLD GOODS, WEIGHING 7,500 POUNDS, WERE NOT TURNED OVER TO A CARRIER OR OTHER PROPER PERSON WITHIN ONE YEAR FROM THE DATE OF DR. WEINBERG'S RELEASE FROM ACTIVE DUTY, IT APPEARING THAT THEY WERE DELIVERED TO THE CARRIER FOR SHIPMENT ON SEPTEMBER 7, 1961, HE WAS NOT ENTITLED TO SHIPMENT THEREOF AT GOVERNMENT EXPENSE AND IS CHARGEABLE WITH THE COST OF SHIPMENT OF THOSE GOODS.

SINCE THE SHIPMENT WAS ON A GOVERNMENT BILL OF LADING THE ENTIRE AMOUNT OF BOTH VOUCHERS, IF OTHERWISE CORRECT, SHOULD BE PAID TO THE CARRIER AND THE EXCESS COST SHOULD BE COLLECTED FROM DR. WEINBERG. SEE 33 COMP. GEN. 136.

THE VOUCHERS AND SUPPORTING PAPERS ARE RETURNED HEREWITH, PAYMENT BEING AUTHORIZED WITH PROPER CHARGE TO DR. WEINBERG AS INDICATED ABOVE.