B-120296, JULY 19, 1954, 34 COMP. GEN. 29

B-120296: Jul 19, 1954

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TRANSPORTED HIS HOUSEHOLD EFFECTS IN A RENTED TRAILER WHICH WAS TOWED BY HIS PERSONALLY OWNED AND DRIVEN AUTOMOBILE IS ENTITLED. 1954: REFERENCE IS MADE TO YOUR LETTER OF MAY 26. YOUR DOUBT IN THE MATTER ARISES FROM THE FACT THAT THE EFFECTS WERE MOVED BY RENTED CARGO TRAILER TOWED BY MR. THE EMPLOYEE WAS AUTHORIZED TO TRANSPORT HIS EFFECTS FROM HOLYOKE TO MINEOLA INCIDENT TO PERMANENT CHANGE OF DUTY STATION. MILEAGE FOR USE OF A PRIVATELY OWNED AUTOMOBILE WAS AUTHORIZED AT 7 CENTS PER MILE. THE PROVISION FOR REIMBURSEMENT FOR TRANSPORTATION OF PERSONAL EFFECTS ON A COMMUTED BASIS INCIDENT TO CHANGE OF OFFICIAL STATION IS CONTAINED IN SECTION 1 (B) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946.

B-120296, JULY 19, 1954, 34 COMP. GEN. 29

TRANSPORTATION - HOUSEHOLD EFFECTS - COMMUTATION - RENTED TRAILER TOWED BY AUTOMOBILE OWNED AND DRIVEN BY EMPLOYEE AN EMPLOYEE WHO, ON A PERMANENT CHANGE OF STATION, TRANSPORTED HIS HOUSEHOLD EFFECTS IN A RENTED TRAILER WHICH WAS TOWED BY HIS PERSONALLY OWNED AND DRIVEN AUTOMOBILE IS ENTITLED, UNDER EXECUTIVE ORDER NO. 9805, AS AMENDED, TO REIMBURSEMENT AT THE COMMUTED RATE FOR THE MOVEMENT OF HIS HOUSEHOLD EFFECTS, NOTWITHSTANDING PAYMENT HAS BEEN MADE ON A MILEAGE BASIS FOR THE EMPLOYEE'S TRAVEL BY PRIVATELY OWNED AUTOMOBILE ON THE SAME TRIP.

ACTING COMPTROLLER GENERAL WEITZEL TO C. D. LEONETTI, UNITED STATES DEPARTMENT OF THE INTERIOR, JULY 19, 1954:

REFERENCE IS MADE TO YOUR LETTER OF MAY 26, 1954, TRANSMITTING A TRAVEL VOUCHER IN FAVOR OF SIDNEY J. SPIEGEL, AN EMPLOYEE OF THE GEOLOGICAL SURVEY, IN THE AMOUNT OF $186.70 FOR REIMBURSEMENT ON A COMMUTED BASIS FOR TRANSPORTATION OF HIS PERSONAL EFFECTS FROM HOLYOKE, COLORADO, TO MINEOLA, NEW YORK, AND TEMPORARY STORAGE, INCIDENT TO A PERMANENT 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 FROM THE FACT THAT THE EFFECTS WERE MOVED BY RENTED CARGO TRAILER TOWED BY MR. SPIEGEL'S PERSONALLY OWNED AUTOMOBILE ON THE SAME TRIP ON WHICH HE TRANSPORTED HIMSELF AND FOR WHICH HE ALREADY HAS BEEN PAID MILEAGE NOT TO EXCEED COSTS BY COMMON CARRIER.

BY TRAVEL ORDER DATED NOVEMBER 19, 1953, THE EMPLOYEE WAS AUTHORIZED TO TRANSPORT HIS EFFECTS FROM HOLYOKE TO MINEOLA INCIDENT TO PERMANENT CHANGE OF DUTY STATION, AND MILEAGE FOR USE OF A PRIVATELY OWNED AUTOMOBILE WAS AUTHORIZED AT 7 CENTS PER MILE, NOT TO EXCEED COST BY COMMON CARRIER, INCLUDING PER DIEM.

SECTION 2 OF EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 10069, JULY 14, 1949, PROVIDES THAT TRAVEL EXPENSES OF EMPLOYEES UPON PERMANENT TRANSFER OF DUTY STATION "SHALL BE ALLOWED IN ACCORDANCE WITH THE TRAVEL EXPENSE ACT OF 1949 * * * AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.' SECTION 4, 63 STAT. 166, OF SAID ACT AND PARAGRAPH 12 (A) OF THE REFERRED-TO TRAVEL REGULATIONS PROVIDE THAT, WHEN AUTHORIZED OR APPROVED, PAYMENT ON A MILEAGE BASIS OF 7 CENTS PER MILE, NOT TO EXCEED COST OF COMMON CARRIER, INCLUDING PER DIEM, FOR THE USE OF PRIVATELY OWNED AUTOMOBILES SHALL BE ALLOWED IN LIEU OF ACTUAL EXPENSES OF TRANSPORTATION. HOWEVER, THE PROVISION FOR REIMBURSEMENT FOR TRANSPORTATION OF PERSONAL EFFECTS ON A COMMUTED BASIS INCIDENT TO CHANGE OF OFFICIAL STATION IS CONTAINED IN SECTION 1 (B) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, AND SECTION 12 (A) OF EXECUTIVE ORDER NO. 9805, AS AMENDED. THAT SECTION OF THE EXECUTIVE ORDER PROVIDES THAT " THE AMOUNT PAYABLE SHALL BE THE PRODUCT OF THE APPLICABLE RATE AND THE NET WEIGHT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS ACTUALLY TRANSPORTED.' SINCE THE AUTHORITY FOR PAYMENT OF MILEAGE FOR TRAVEL OF THE EMPLOYEE IS SEPARATE AND DISTINCT FROM THE AUTHORITY FOR REIMBURSEMENT ON A COMMUTED BASIS FOR THE TRANSPORTATION OF PERSONAL EFFECTS THE PAYMENT OF ONE WOULD THEREFORE NOT BE INCONSISTENT WITH PAYMENT OF THE OTHER UNDER CIRCUMSTANCES SUCH AS HERE INVOLVED.

IN VIEW OF THE FOREGOING, IT IS CONCLUDED THAT THE EMPLOYEE IS ENTITLED TO THE COMMUTED RATE PRESCRIBED FOR MOVEMENT OF HIS PERSONAL EFFECTS BETWEEN THE POINTS INVOLVED, NOTWITHSTANDING THAT PAYMENT HAS BEEN MADE ON A MILEAGE BASIS FOR THE EMPLOYEE'S TRAVEL BY PRIVATELY OWNED AUTOMOBILE ON THE SAME TRIP. SEE 32 COMP. GEN. 541. ACCORDINGLY, THE VOUCHER, RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.