B-111581, SEPTEMBER 24, 1952, 32 COMP. GEN. 138

B-111581: Sep 24, 1952

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1952: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 25. HAVE BEEN MET WITH RESPECT TO THE METHOD OF TRANSPORTATION OF THE EMPLOYEE'S HOUSEHOLD EFFECTS. WAS AUTHORIZED TO PROCEED FROM GADSDEN. SHIPMENT OF HIS HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE WAS AUTHORIZED THEREIN. IT IS STATED THAT THE EMPLOYEE RENTED A TRUCK AND ACCOMPLISHED THE MOVEMENT OF HIS EFFECTS IN SAID VEHICLE. REIMBURSEMENT SHALL BE MADE TO THE EMPLOYEE ON A COMMUTED BASIS AT RATES PER HUNDRED POUNDS AS FIXED BY ZONES IN SCHEDULE A WHICH IS ATTACHED TO AND MADE A PART OF THESE REGULATIONS. WHERE THE WEIGHT OF THE HOUSEHOLD GOODS TRANSPORTED IS LESS THAN THE MINIMUM WEIGHT ALLOWANCE CHARGEABLE UNDER APPLICABLE TARIFFS THE EMPLOYEE MAY BE REIMBURSED TO THE EXTENT OF THE MINIMUM TARIFF REQUIREMENT.

B-111581, SEPTEMBER 24, 1952, 32 COMP. GEN. 138

TRANSPORTATION - HOUSEHOLD EFFECTS - COMMUTATION - TRUCK RENTED AND DRIVEN BY EMPLOYEE EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 10196, WHICH PROVIDES FOR REIMBURSEMENT AT THE COMMUTED RATE FOR HOUSEHOLD EFFECTS "ACTUALLY TRANSPORTED," DOES NOT CHANGE THE REQUIREMENT THAT SUCH EFFECTS BE SHIPPED BY PRIVATE OR COMMON CARRIER, AND THEREFORE, AN EMPLOYEE WHO MOVES HIS HOUSEHOLD EFFECTS IN A RENTED TRUCK DRIVEN BY HIMSELF UPON PERMANENT CHANGE OF STATION MAY BE REIMBURSED FOR SUCH MOVEMENT ON AN ACTUAL EXPENSE BASIS ONLY, NOT IN EXCESS OF THE COMMUTED RATE.

COMPTROLLER GENERAL WARREN TO JOHN E. PARSELL, DEPARTMENT OF AGRICULTURE, SEPTEMBER 24, 1952:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 25, 1952, TRANSMITTING A VOUCHER IN FAVOR OF JOHN V. RAINES FOR AN AMOUNT ALLEGED TO BE DUE AS REIMBURSEMENT, UPON A COMMUTED BASIS, FOR CHARGES INCURRED FOR SHIPMENT OF HOUSEHOLD EFFECTS INCIDENT TO A PERMANENT TRANSFER OF DUTY STATION AS AN EMPLOYEE OF THE FARMERS HOME ADMINISTRATION AND REQUESTING AN ADVANCE DECISION AS TO THE PROPER AMOUNT OF REIMBURSEMENT ALLOWABLE THEREON IN VIEW OF THE DOUBT WHETHER THE REQUIREMENTS OF EXECUTIVE ORDER NO. 9805, AS AMENDED, HAVE BEEN MET WITH RESPECT TO THE METHOD OF TRANSPORTATION OF THE EMPLOYEE'S HOUSEHOLD EFFECTS.

BY TRAVEL ORDER NO. 2-560 DATED JUNE 12, 1952, JOHN V. RAINES, AN EMPLOYEE OF THE FARMERS HOME ADMINISTRATION, WAS AUTHORIZED TO PROCEED FROM GADSDEN, ALABAMA, HIS OFFICIAL STATION, TO LAFAYETTE, ALABAMA, FOR PERMANENT DUTY, AND SHIPMENT OF HIS HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE WAS AUTHORIZED THEREIN. IT IS STATED THAT THE EMPLOYEE RENTED A TRUCK AND ACCOMPLISHED THE MOVEMENT OF HIS EFFECTS IN SAID VEHICLE, DRIVEN BY HIMSELF, FROM GADSDEN TO LAFAYETTE. HE NOW CLAIMS THE SUM OF $90.14 AS REIMBURSEMENT FOR SHIPMENT OF A TOTAL OF 1764 POUNDS OF HOUSEHOLD EFFECTS BASED UPON THE COMMUTED RATE OF $5.11 PER CWT FOR A SHORT LINE DISTANCE OF 104 MILES ( GADSDEN TO LAFAYETTE), AS AUTHORIZED UNDER EXECUTIVE ORDER NO. 9805, AS AMENDED.

SECTION 12 (A) OF TITLE II OF EXECUTIVE ORDER NO. 9805, AS AMENDED, GOVERNING THE PAYMENT OF TRANSPORTATION EXPENSES FOR SHIPMENT OF HOUSEHOLD AND PERSONAL EFFECTS OF CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES UPON TRANSFER OF PERMANENT DUTY STATION, PROVIDES AS FOLLOWS:

SEC. 12 (A). COMMUTATION OF EXPENSES--- GENERAL. IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TRANSPORTATION, PACKING, CRATING, DRAYAGE, AND UNPACKING OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IN THE CASE OF TRANSFERS BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES, REIMBURSEMENT SHALL BE MADE TO THE EMPLOYEE ON A COMMUTED BASIS AT RATES PER HUNDRED POUNDS AS FIXED BY ZONES IN SCHEDULE A WHICH IS ATTACHED TO AND MADE A PART OF THESE REGULATIONS. THE AMOUNT PAYABLE SHALL BE THE PRODUCT OF THE APPLICABLE RATE AND THE NET WEIGHT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS ACTUALLY TRANSPORTED (WITHIN THE WEIGHT LIMITATION PRESCRIBED BY SECTION 16 HEREOF). WHERE THE WEIGHT OF THE HOUSEHOLD GOODS TRANSPORTED IS LESS THAN THE MINIMUM WEIGHT ALLOWANCE CHARGEABLE UNDER APPLICABLE TARIFFS THE EMPLOYEE MAY BE REIMBURSED TO THE EXTENT OF THE MINIMUM TARIFF REQUIREMENT. GOVERNMENT BILLS OF LADING SHALL NOT BE USED.

EXECUTIVE ORDER NO. 9805 ORIGINALLY PROVIDED FOR THE PAYMENT OF THE COMMUTED RATE FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS "ACTUALLY SHIPPED BY CARRIER FOR THE EMPLOYEE," BUT WAS AMENDED BY EXECUTIVE ORDER NO. 10196 TO PROVIDE REIMBURSEMENT AT THE COMMUTED RATE FOR HOUSEHOLD EFFECTS ,ACTUALLY TRANSPORTED.' PRIOR TO THAT AMENDMENT IT HAD BEEN HELD BY THIS OFFICE THAT WHERE AN EMPLOYEE HAD TRANSPORTED HIS HOUSEHOLD EFFECTS IN A HIRED TRUCK DRIVEN BY HIMSELF HE COULD NOT BE ALLOWED *ON A COMMUTED BASIS BUT WAS ENTITLED TO REIMBURSEMENT ONLY ON AN ACTUAL EXPENSE BASIS, THE SHIPMENT NOT HAVING BEEN "BY CARRIER" WITHIN THE MEANING OF EXECUTIVE ORDER NO. 9805. B-95162, MAY 24, 1950, HOWEVER, IN DECISION OF APRIL 30, 1952, B-108627, INVOLVING A CASE IN WHICH THE EMPLOYEE RENTED A TRAILER AND ALSO HIRED A DRIVER TO DRIVE HIS AUTOMOBILE AND THE TRAILER AT A NOMINAL COST, IT WAS HELD AS FOLLOWS:

IT IS THE VIEW OF THIS OFFICE THAT THE AMENDATORY LANGUAGE TO SECTION 12 (A) EXECUTIVE ORDER 9805, IN NOWISE CHANGED THE REIMBURSEMENT RIGHTS OF EMPLOYEES FOR MOVEMENT OF THEIR HOUSEHOLD EFFECTS. ACCORDINGLY, REIMBURSEMENT IN THIS CASE MAY NOT BE AUTHORIZED UPON A COMMUTED BASIS, BUT THERE IS FOR ALLOWANCE THE ACTUAL EXPENSES SHOWN TO HAVE BEEN INCURRED FOR MOVEMENT OF THE EMPLOYEE'S HOUSEHOLD EFFECTS.

ACCORDINGLY, THE RULE STATED IN THE DECISION OF MAY 24, 1950, SUPRA, IS STILL FOR APPLICATION AND SINCE THE SHIPMENT HERE INVOLVED WAS NOT MADE BY MEANS OF A PRIVATE OR COMMON CARRIER, BUT WAS ACCOMPLISHED BY RENTED TRUCK OPERATED BY THE EMPLOYEE, REIMBURSEMENT MAY BE ALLOWED ONLY ON AN ACTUAL EXPENSE BASIS, NOT IN EXCESS OF THE COMMUTED RATE.

ACTION UPON THE SUBMITTED VOUCHER, WHICH IS RETURNED HEREWITH, SHOULD BE TAKEN IN ACCORDANCE WITH THE FOREGOING.