BNUMBER:  B-259606.2
DATE:  December 28, 1995
TITLE:  [Letter]

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B-259606.2

December 28, 1995

Mr. Allan W. Beres
Assistant Commissioner for Transportation 
  and Property Management
Federal Supply Service
General Services Administration
Washington, DC  20406

Dear Mr. Beres:

We recommend that the General Services Administration consider 
amending the Federal Travel Regulation (FTR) to permit extensions of 
temporary storage beyond 180 days in appropriate circumstances for 
civilian employees.  This would make the FTR consistent with the Joint 
Federal Travel Regulation (JFTR) provision for military personnel.

For federal civilian employees, the FTR currently has a maximum limit 
of 180 days' storage without exceptions.  See 41 C.F.R.  302-8.2(d) 
(1994).  Military personnel, however, can be authorized additional 
temporary storage at government expense under 1 JFTR, U5375-B3 (1993).  
The authority to pay for storage over 180 days for military members 
dates back to January 3, 1983.  1 JTR M8100-2, Change 361, 3/1/83.  
(Copies enclosed.)

An example of why such an amendment is necessary is the case of Linda 
Hillard, an employee of the Department of Veterans Affairs (VA), who 
was authorized relocation expenses pursuant to her permanent change of 
station from North Carolina to Atlanta, Georgia, including 90 days' 
temporary storage of household goods.  She was later granted a 90-day 
extension, but denied a second 90-day extension.  Her household goods 
were in storage for a total of 254 days, 74 days over the 180 days 
authorized.

At the time the employee reported for duty in Atlanta, the VA was 
considering moving her office to Birmingham, Alabama.  According to 
Ms. Hillard and affidavits submitted by other employees, she was 
advised to refrain from purchasing a new residence in Atlanta pending 
the agency's decision on the relocation.  Subsequently, the VA decided 
to consolidate the offices involved in Atlanta, and the employee 
promptly began seeking a new permanent residence in Atlanta at that 
time.

The employee appealed the disallowance of her request for 
reimbursement of the additional 74 days storage to this Office.  On 
the basis of FTR  302-8.2(d), we sustained the denial.  She appealed 
again to us emphasizing the unjustness of the situation which caused 
her to incur the expense of additional storage as a result of the 
agency's actions and the advice of its agent trying to keep expenses 
down.  A copy of our decision, Linda Towson Hillard, B-259606, June 
12, 1995, is enclosed.  We have had several other similar cases[1] 
(see copies enclosed), where we were unable to provide relief.  
Undoubtedly, many other similar cases have not been appealed to us 
because the FTR provision is so explicit.

An amendment to the FTR is necessary to aid those similarly situated.  
In the current environment of change, reinvention, and consolidations 
of government entities, it appears reasonable to provide civilian 
agencies the flexibility to permit temporary storage for more than 180 
days in specified situations.

We thank you for your attention to this matter.  Questions concerning 
this matter may be referred to Ms. Christine Kopocis, Esq., at (202) 
512-2677.

Sincerely yours,

/s/Robert P. Murphy
for Robert P. Murphy
General Counsel

Enclosures 

B-259606.2

December 28, 1995

DIGEST

Letter to General Services Administration recommends that GSA consider 
amending the Federal Travel Regulation to permit extensions of 
temporary storage beyond 180 days for civilian employees.  The 
amendment would enable agencies to authorize temporary storage for 
over 180 days at government expense for civilian employees in 
appropriate circumstances.  This would make the Federal Travel 
Regulation provision consistent with the provision in the Joint 
Federal Travel Regulation which authorizes such extensions in 
appropriate circumstances for military personnel.

B-259606.2

December 28, 1995

Ms. Linda T. Hillard
4572 Montauk Road
Lilburn, GA  30247

Dear Ms. Hillard:

We are in receipt of your June 21, 1995, request for reconsideration 
of our decision dated June 12, 1995, denying your claim for 
reimbursement of $1,200 for 74 additional days of temporary storage of 
household goods pursuant to a permanent change of station.

We have been presented with no new facts or evidence which would cause 
us to change our decision.  The affidavits you submitted suggest that 
you relied on the advice of a government official that turned out to 
be erroneous.  Unfortunately, reliance on the erroneous advice of a 
government official may not serve as the basis for payment of a claim 
if the expense in question was not authorized by law or regulation.  
See Bryon A. Hartley, B-252488, June 17, 1993.  The Federal Travel 
Regulation maximum limit of 180 days' household goods storage is 
without exception.  See 41 C.F.R.  302-8.2(d) (1994).  As a result, 
we must sustain our denial.

Enclosed is a copy of the letter we have sent to the General Services 
Administration recommending that it consider amending the Federal 
Travel Regulation to give agencies authority to extend temporary 
storage for civilian employees past 180 days in specified situations.

We regret that we cannot be more helpful in your particular case.

Sincerely yours,

/s/Robert P. Murphy
for Robert P. Murphy
General Counsel

Enclosure

1. David C. Funk, B-227488, Dec. 29, 1987, and cases cited therein; 
Dorcas Terrien, B-218675, Oct. 31, 1985.