B-180308, NOV 14, 1974, 54 COMP GEN 387

B-180308, NOV 14, 1974, 54 COMP GEN 387

STORAGE - HOUSEHOLD EFFECTS - MILITARY PERSONNEL - NONTEMPORARY STORAGE TEMPORARY DUTY MEMBER WHO RECEIVES PERMISSIVE ORDERS FOR TEMPORARY ADDITIONAL DUTY (TEMPORARY DUTY AFLOAT) WHICH ARE SUBSEQUENTLY DETERMINED TO BE DIRECTED ORDERS MAY NOT BE REIMBURSED FOR NONTEMPORARY STORAGE SINCE NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS WHILE ON SUCH DUTY IS PROHIBITED BY PARA. M8200-1 AND DOES NOT COME WITHIN THE EXCEPTIONS SPECIFIED IN PARA. M8101- 7, 1 JTR. STORAGE - HOUSEHOLD EFFECTS - MILITARY PERSONNEL - NONTEMPORARY STORAGE - MEMBER'S APARTMENT WHERE NONTEMPORARY STORAGE OF MEMBER'S HOUSEHOLD GOODS OTHERWISE IS PROPER, REIMBURSEMENT IS NOT AUTHORIZED FOR STORAGE IN MEMBER'S APARTMENT AS PARA. M8101-1, 1 JTR, IN ACCORD WITH 37 U.S.C. 406(D) (1970) AUTHORIZES SUCH STORAGE ONLY AT GOVERNMENT OR COMMERCIAL FACILITIES.

IN THE MATTER OF STORAGE OF HOUSEHOLD GOODS, NOVEMBER 14, 1974:

THIS ACTION IS IN RESPONSE TO A REQUEST FOR RECONSIDERATION OF TRANSPORTATION AND CLAIMS DIVISION SETTLEMENT OF AUGUST 30, 1973, WHICH DISALLOWED THE CLAIM OF LIEUTENANT TIMOTHY J. FLAHERTY, U.S. NAVY, FOR STORAGE OF HOUSEHOLD EFFECTS.

THE RECORD SHOWS THAT BY ORDERS DATED APRIL 1, 1970, CARRIER AIRBORNE EARLY WARNING SQUADRON ONE HUNDRED TWENTY FOUR, FPO NEW YORK 09501, LIEUTENANT FLAHERTY WAS ORDERED TO TEMPORARY DUTY AFLOAT ABOARD THE U.S.S. AMERICA (CVA-66) FOR DUTY AWAY FROM HIS PERMANENT DUTY STATION (NAVAL AIR STATION, NORFOLK, VIRGINIA), FOR A PERIOD OF ABOUT 9 MONTHS COMMENCING ON OR ABOUT APRIL 7, 1970. BY ORDERS DATED DECEMBER 24, 1970, LIEUTENANT FLAHERTY WAS ORDERED TO TEMPORARY ADDITIONAL DUTY UNDER INSTRUCTION AT NAVAL AIR STATION, NORTH ISLAND, SAN DIEGO, CALIFORNIA, FOR A PERIOD OF ABOUT 28 DAYS COMMENCING JANUARY 10, 1971. BY ORDERS DATED AUGUST 11, 1971, LIEUTENANT FLAHERTY WAS ORDERED TO TEMPORARY DUTY AFLOAT AWAY FROM HIS PERMANENT DUTY STATION ABOARD THE U.S.S. AMERICA FOR A PERIOD OF ABOUT 5 MONTHS COMMENCING ON OR ABOUT JULY 6, 1971. BY DUTY AFLOAT AWAY FROM HIS PERMANENT DUTY STATION ABOARD THE U.S.S. AMERICA ORDERS DATED APRIL 6, 1972, LIEUTENANT FLAHERTY WAS ORDERED TO TEMPORARY FOR A PERIOD OF ABOUT 8 MONTHS COMMENCING ON OR ABOUT APRIL 6, 1972.

THE ORDERS OF APRIL 1, 1970, AUGUST 11, 1971, AND APRIL 6, 1972, ALL CONTAIN THE STATEMENT:

THE ABOVE IS AUTHORIZED WITH THE UNDERSTANDING THAT YOU WILL BE ENTITLED TO NO EXPENSE FOR TRAVEL OR PER DIEM IN CONNECTION THEREWITH. IN CASE YOU DO NOT DESIRE TO BEAR THIS EXPENSE YOU WILL CONSIDER THIS AUTHORIZATION REVOKED.

LIEUTENANT FLAHERTY ORIGINALLY SUBMITTED A CLAIM FOR REIMBURSEMENT FOR STORAGE OF HIS HOUSEHOLD GOODS AT NORFOLK, VIRGINIA, UNDER THE ORDERS OF APRIL 1, 1970, AND AUGUST 11, 1971. HE RECEIVED REIMBURSEMENT ON JUNE 14, 1972, FROM THE NAVY REGIONAL FINANCE CENTER, WASHINGTON, D.C., IN THE SUM OF $267.20 ON THE BASIS OF STORAGE OF THE HOUSEHOLD GOODS FOR A PERIOD OF 14 MONTHS; 9 MONTHS UNDER THE 1970 ORDER AND 5 MONTHS UNDER THE 1971 ORDER, AT THE RATE IT WOULD HAVE COST THE GOVERNMENT ($13 PER MONTH), PLUS DRAYAGE, HANDLING AND CARTAGE.

LIEUTENANT FLAHERTY THEREAFTER SUBMITTED A SUPPLEMENTAL CLAIM IN THE AMOUNT OF $91 ON THE BASIS THAT HE WAS ON EXTENDED DEPLOYMENT FOR A 21 MONTH PERIOD (APRIL 1970 THROUGH DECEMBER 1971) AND HE REQUESTED REIMBURSEMENT FOR THE 7 ADDITIONAL MONTHS OF STORAGE (7 MONTHS AT $13 PER MONTH).

THE NAVY REGIONAL FINANCE CENTER FORWARDED THE SUPPLEMENTAL CLAIM OF LIEUTENANT FLAHERTY TO THE CLAIMS DIVISION (NOW TRANSPORTATION AND CLAIMS DIVISION) OF THE GENERAL ACCOUNTING OFFICE FOR APPROPRIATE ACTION.

WHILE THE ABOVE SUPPLEMENTAL CLAIM WAS PENDING RESOLUTION, LIEUTENANT FLAHERTY SUBMITTED A CLAIM IN THE AMOUNT OF $1,023 FOR EQUIVALENT HOUSEHOLD STORAGE AND MOVEMENT EXPENSES BASED ON THE ORDERS OF APRIL 6, 1972. THE BASIS FOR THIS LATER CLAIM IS THE CONTENTION BY LIEUTENANT FLAHERTY THAT THE COSTS OF ALLOWING HIS HOUSEHOLD GOODS TO REMAIN IN THE APARTMENT HE WAS THEN OCCUPYING AT NORFOLK, VIRGINIA, AND TO CONTINUE TO PAY THE RENT THEREFOR, FOR THE APPROXIMATELY 6 MONTHS HE WAS TO BE AWAY, WOULD HAVE BEEN EQUAL TO THE COST OF PLACING HIS HOUSEHOLD GOODS IN COMMERCIAL STORAGE AT GOVERNMENT EXPENSE. THIS CLAIM WAS DENIED BY THE NAVY REGIONAL FINANCE CENTER AND LIEUTENANT FLAHERTY SUBSEQUENTLY SUBMITTED THIS CLAIM TO THE GENERAL ACCOUNTING OFFICE.

THE TRANSPORTATION AND CLAIMS DIVISION OF THE GENERAL ACCOUNTING OFFICE DISALLOWED BOTH OF LIEUTENANT FLAHERTY'S CLAIMS ON THE BASIS THAT THE THREE ORDERS UNDER WHICH HE CLAIMED ENTITLEMENT WERE PERMISSIVE ORDERS AND, THEREFORE, IN ACCORDANCE WITH 1 JOINT TRAVEL REGULATIONS (1 JTR) PARA. M6453 HE WAS NOT ENTITLED TO SHIPMENT AND STORAGE OF HOUSEHOLD GOODS WHICH ARE CONSIDERED TO BE TRAVEL EXPENSES.

LIEUTENANT FLAHERTY ALSO WAS ADVISED THAT THE PREVIOUS PAYMENT OF $267.20 WAS ERRONEOUS INASMUCH AS IT WAS PREDICATED ON PERMISSIVE ORDERS AND THAT COLLECTION ACTION WOULD BE TAKEN TO RECOVER THIS AMOUNT.

THE COMMANDING OFFICER, CARRIER AIRBORNE EARLY WARNING SQUADRON ONE HUNDRED TWENTY FOUR, BY STATEMENT OF SEPTEMBER 27, 1973, INDICATED THAT THE ORIGINAL TEMPORARY ADDITIONAL DUTY ORDERS WERE ISSUED IN ERRONEOUS FORMAT SINCE LIEUTENANT FLAHERTY'S PRESENCE WAS REQUIRED FOR THE PERFORMANCE OF OFFICIAL NAVAL DUTIES AND THE ORDERS COULD NOT HAVE BEEN REFUSED BY HIM. ENCLOSED WITH THE STATEMENT WERE ORDERS DATED SEPTEMBER 27, 1973, FOR THE DEPLOYMENTS DIRECTING TEMPORARY ADDITIONAL DUTY.

ACCORDINGLY, IN VIEW OF THE NATURE OF HIS ASSIGNMENTS ABOARD THE U.S.S. AMERICA, LIEUTENANT FLAHERTY MAY BE CONSIDERED ON TEMPORARY ADDITIONAL DUTY (TEMPORARY DUTY AFLOAT) IN COMPLIANCE WITH DIRECTED ORDERS DURING THE PERIODS OF DEPLOYMENT ABOARD THE VESSEL.

IN ACCORD WITH 37 U.S.C. 406 (1970), PARA. M8200-1, 1 JTR, IN EFFECT DURING THE PERIODS OF STORAGE OF THE HOUSEHOLD GOODS, PROVIDES THAT THE AUTHORIZED WEIGHT ALLOWANCES OF HOUSEHOLD GOODS MAY BE SHIPPED AT GOVERNMENT EXPENSE FOR MEMBERS UNDER TEMPORARY DUTY ORDERS OR TEMPORARY ADDITIONAL DUTY ORDERS. IT FURTHER PROVIDES THAT STORAGE, EITHER TEMPORARY OR NONTEMPORARY, OF TEMPORARY CHANGE OF STATION WEIGHT ALLOWANCE SHIPMENTS OF HOUSEHOLD GOODS IS NOT AUTHORIZED, EXCEPT AS SPECIFIED IN PARA. M8255. PARAGRAPH M8255 CONCERNS A PERMANENT CHANGE OF STATION WITH TEMPORARY DUTY ENROUTE, OR A PERMANENT CHANGE OF STATION WHILE ON TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY. THIS EXCEPTION IS NOT APPLICABLE IN THE PRESENT INSTANCE SINCE UPON TERMINATION OF HIS TEMPORARY ADDITIONAL DUTY LIEUTENANT FLAHERTY WAS TO RETURN TO HIS ORIGINAL PERMANENT DUTY STATION.

PARAGRAPH M8100-1, 1 JTR, PROVIDES THAT TEMPORARY STORAGE IS STORAGE AUTHORIZED IN CONNECTION WITH A SHIPMENT OF PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE OF HOUSEHOLD GOODS.

PARAGRAPH M8101-1, 1 JTR, PROVIDES THAT NONTEMPORARY STORAGE IS ALL STORAGE OF HOUSEHOLD GOODS OTHER THAN THAT AUTHORIZED IN PARA. M8100.

IN 45 COMP. GEN. 350 (1965) THIS OFFICE HAD FOR CONSIDERATION FORMER PARA. M8206, 1 JTR, WHICH PROVIDED THAT WHEN A MEMBER WAS ORDERED TO TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY FOR A TOTAL PERIOD IN EXCESS OF 6 MONTHS HIS HOUSEHOLD GOODS, WITHIN PRESCRIBED PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE, MIGHT BE PLACED IN NONTEMPORARY STORAGE UNDER THE PROVISIONS OF PARA. M8101. IT WAS CONCLUDED THAT THE PARAGRAPH IN QUESTION WAS WITHOUT LEGAL EFFECT TO AUTHORIZE NONTEMPORARY STORAGE IN SUCH CIRCUMSTANCES. IN ACCORD WITH THIS DECISION, EFFECTIVE DECEMBER 17, 1965, NO HOUSEHOLD GOODS WERE TO BE PLACED IN STORAGE UNDER THE AUTHORITY OF THIS PARAGRAPH.

PARAGRAPH M8101-7, 1 JTR, PROVIDES THAT NOTWITHSTANDING ANY PROVISION OF PART C (STORAGE), CHAPTER 8, NONTEMPORARY STORAGE IS AUTHORIZED AS AN ALTERNATIVE TO SHIPMENT OF ANY PORTION OR ALL OF A MEMBER'S PRESCRIBED WEIGHT ALLOWANCE OF HOUSEHOLD GOODS WHENEVER SUCH STORAGE IS DETERMINED TO BE IN THE BEST INTEREST OF THE GOVERNMENT WITH AN EXCEPTION NOT APPLICABLE IN THE INSTANT CASE. IT FURTHER PROVIDES THAT EACH SERVICE MAY PUBLISH A LISTING OF CASES WHEREIN NONTEMPORARY STORAGE AS AN ALTERNATIVE TO SHIPMENT IS AUTHORIZED. IN ALL OTHER CASES, NONTEMPORARY STORAGE UNDER THIS PROVISION IS AUTHORIZED ONLY IF APPROVED BY THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE.

IN THE PRESENT SITUATION LIEUTENANT FLAHERTY DOES NOT COME WITHIN THE LISTING OF CASES SPECIFIED FOR SUCH STORAGE IN PARA. M8101-6, 1 JTR. THE NAVY HAS NOT PUBLISHED AN ADDITIONAL LISTING OF CASES AUTHORIZING NONTEMPORARY STORAGE AS AN ALTERNATIVE TO SHIPMENT, NOR HAS THE REQUIRED APPROVAL BEEN OBTAINED. CONSEQUENTLY, THE PROVISIONS OF M8101 7, 1 JTR, WOULD NOT BE APPLICABLE TO LIEUTENANT FLAHERTY.

ACCORDINGLY, THERE IS NO AUTHORITY FOR STORAGE OF LIEUTENANT FLAHERTY'S HOUSEHOLD GOODS AND, CONSEQUENTLY, NO AUTHORITY FOR REIMBURSEMENT FOR STORAGE OF HOUSEHOLD GOODS IS DENIED AND COLLECTION OF $267.20 PREVIOUSLY PAID FOR HOUSEHOLD GOODS STORAGE IS PROPER.

ADDITIONALLY, IT MAY BE NOTED CONCERNING THE STORAGE OF HOUSEHOLD GOODS IN THE APARTMENT OF A MEMBER, WHICH IS THE BASIS FOR LIEUTENANT FLAHERTY'S CLAIM FOR REIMBURSEMENT NOT TO EXCEED THE COST TO THE GOVERNMENT OF STORING HIS HOUSEHOLD GOODS DURING THE PERIOD FROM JUNE 1972 THROUGH FEBRUARY 1973, THAT EVEN IF STORAGE DURING THAT PERIOD WERE AUTHORIZED, PARA. M8101-1, 1 JTR, IN ACCORD WITH 37 U.S.C. 406(D) (1970) DOES NOT AUTHORIZE NONTEMPORARY STORAGE AT OTHER THAN GOVERNMENT OR COMMERCIAL FACILITIES.