B-115167, JUNE 1, 1953, 32 COMP. GEN. 541

B-115167: Jun 1, 1953

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1953: REFERENCE IS MADE TO YOUR LETTER OF MAY 5. YOUR DOUBT IN THE MATTER ARISES BECAUSE THE HOUSEHOLD EFFECTS WERE MOVED BY RENTED TRAILER PULLED BY MR. SINCE THE POPULATION OF BIG SPRING IS APPROXIMATELY 18. AS THE RECEIPT IS FROM A SERVICE STATION IN SAN ANTONIO. STATES THAT IT IS FOR RENT OF TRAILER . " IT IS BELIEVED THAT IT WOULD BE PROPER TO OBTAIN A FURTHER EXPLANATION FROM CLAIMANT AS TO INADEQUACY OF WEIGHT SCALES AT BIG SPRING AND AS TO RECEIPT COVERING MOVEMENT OF HIS EFFECTS FROM BIG SPRING TO PEARSALL. THERE WAS CONSIDERED THE QUESTION OF WHETHER PAYMENT ON A COMMUTED BASIS WAS AUTHORIZED BY SECTION 12 OF EXECUTIVE ORDER NO. 9805. WHERE HOUSEHOLD EFFECTS WERE TRANSPORTED WITHIN THE UNITED STATES BY A RENTED TRUCK WITH HIRED DRIVER.

B-115167, JUNE 1, 1953, 32 COMP. GEN. 541

TRANSPORTATION - HOUSEHOLD EFFECTS - COMMUTATION - RENTED TRAILER DRAWN BY AUTOMOBILE OWNED AND DRIVEN BY EMPLOYEE AN EMPLOYEE WHO, INCIDENT TO A CHANGE OF OFFICIAL STATION WITHIN THE UNITED STATES, MOVED HIS HOUSEHOLD EFFECTS IN A RENTED TRAILER DRAWN BY AN AUTOMOBILE OWNED AND DRIVEN BY HIMSELF MAY BE REIMBURSED, UNDER EXECUTIVE ORDER NO. 9805 AS AMENDED BY EXECUTIVE ORDER NO. 10196, AT THE COMMUTED RATE FOR THE SHIPMENT OF THE HOUSEHOLD EFFECTS.

COMPTROLLER GENERAL WARREN TO H. R. SMITH, DEPARTMENT OF AGRICULTURE, JUNE 1, 1953:

REFERENCE IS MADE TO YOUR LETTER OF MAY 5, 1953, TRANSMITTING A RECLAIM VOUCHER IN FAVOR OF BILLY J. GARNER, AN EMPLOYEE OF THE SOIL CONSERVATION SERVICE, IN THE AMOUNT OF $104.84 FOR REIMBURSEMENT ON A COMMUTED BASIS FOR TRANSPORTING HIS HOUSEHOLD EFFECTS FROM BIG SPRING, TEXAS, TO PEARSALL, TEXAS, INCIDENT TO CHANGE OF OFFICIAL STATION, AND REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY OF CERTIFYING THE VOUCHER FOR PAYMENT. YOUR DOUBT IN THE MATTER ARISES BECAUSE THE HOUSEHOLD EFFECTS WERE MOVED BY RENTED TRAILER PULLED BY MR. GARNER'S PERSONALLY OWNED AUTOMOBILE, DRIVEN BY HIMSELF, RATHER THAN BY A HIRED DRIVER.

SINCE THE POPULATION OF BIG SPRING IS APPROXIMATELY 18,000, AND AS THE RECEIPT IS FROM A SERVICE STATION IN SAN ANTONIO, SOME 300 MILES FROM BIG SPRING, AND STATES THAT IT IS FOR RENT OF TRAILER ,FROM BIG SPRING TO SAN ANTONIO," IT IS BELIEVED THAT IT WOULD BE PROPER TO OBTAIN A FURTHER EXPLANATION FROM CLAIMANT AS TO INADEQUACY OF WEIGHT SCALES AT BIG SPRING AND AS TO RECEIPT COVERING MOVEMENT OF HIS EFFECTS FROM BIG SPRING TO PEARSALL.

IN DECISION OF THIS OFFICE, B-112173, DECEMBER 16, 1952, 32 COMP. GEN. 286, CITED IN YOUR LETTER, THERE WAS CONSIDERED THE QUESTION OF WHETHER PAYMENT ON A COMMUTED BASIS WAS AUTHORIZED BY SECTION 12 OF EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 10196, WHERE HOUSEHOLD EFFECTS WERE TRANSPORTED WITHIN THE UNITED STATES BY A RENTED TRUCK WITH HIRED DRIVER, AND IT WAS HELD THEREIN THAT THE PURPOSE OF THE AMENDMENT OF THE EXECUTIVE ORDER, BY ELIMINATING FROM CONSIDERATION THE MODE OF SHIPMENT, WAS TO EXTEND THE APPLICATION OF THE COMMUTED METHOD OF REIMBURSEMENT, AND ACCORDINGLY PAYMENT BY THAT METHOD WAS AUTHORIZED. WAS POINTED OUT THAT PRIOR DECISIONS IN CONFLICT THEREWITH INVOLVING THE AMENDATORY LANGUAGE OF EXECUTIVE ORDER NO. 10196 RELATIVE TO SECTION 12 OF EXECUTIVE ORDER NO. 9805 WILL NO LONGER BE CONSIDERED AS CONTROLLING, AND SPECIFICALLY CITED AS A CONFLICTING DECISION B-111581, SEPTEMBER 24, 1952, 32 COMP. GEN. 138, REFERRED TO BY YOU. THAT DECISION INVOLVED A SHIPMENT BY RENTED TRUCK DRIVEN BY THE EMPLOYEE AND REFERRED TO 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.

ALTHOUGH THE DECISION OF DECEMBER 16, 1952, AND THE DECISIONS SPECIFICALLY CITED AS OVERRULED THEREBY, DID NOT INVOLVE TRANSPORTATION OF HOUSEHOLD EFFECTS BY RENTED TRAILER DRAWN BY THE EMPLOYEE'S AUTOMOBILE, DRIVEN BY HIMSELF, THE CONCLUSION REACHED THEREIN IS EQUALLY APPLICABLE TO SUCH CASES INVOLVING REIMBURSEMENT OF EXPENSES FOR THE MOVEMENT OF HOUSEHOLD EFFECTS INCIDENT TO A TRANSFER WITHIN THE UNITED STATES.

ACCORDINGLY, THE VOUCHER WITH ENCLOSURES IS RETURNED HEREWITH AND MAY BE CERTIFIED FOR PAYMENT, PROVIDED AN ADEQUATE EXPLANATION IS OBTAINED AS TO THE ITEMS MENTIONED ABOVE AND IF OTHERWISE CORRECT.