B-121715, JAN 18, 1955

B-121715: Jan 18, 1955

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WAY: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 16. YOUR OFFICIAL STATION WAS CHANGED FROM PEARL HARBOR TO PHILADELPHIA. THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM THE RELEASING TO THE ACQUIRING ACTIVITY WAS AUTHORIZED AT GOVERNMENT EXPENSE IN ACCORDANCE WITH SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946. BY OFFICE SETTLEMENT OF JUNE 15 YOU WERE ALLOWED ONLY $208.85. THE ONLY AUTHORITY UNDER WHICH YOU LAWFULLY COULD BE REIMBURSED FOR THE TRANSPORTATION IN QUESTION IS THAT CONTAINED IN EXECUTIVE ORDER NO. 9805. WHICH WAS PROMULGATED PURSUANT TO THE ACT OF AUGUST 2. ANY REIMBURSEMENT MADE UNDER THE AUTHORITY OF THAT EXECUTIVE ORDER NECESSARILY IS SUBJECT TO THE RESTRICTIONS CONTAINED THEREIN.

B-121715, JAN 18, 1955

PRECIS-UNAVAILABLE

DONALD G. WAY:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 16, 1954, QUESTIONING THE CORRECTNESS OF THE AMOUNT ALLOWED YOU IN GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JUNE 15, 1954, FOR REIMBURSEMENT OF EXPENSES FOR MOVEMENT OF PART OF YOUR HOUSEHOLD EFFECTS FROM SANTA ROSA, CALIFORNIA, TO PHILADELPHIA, PENNSYLVANIA, PURSUANT TO TRANSFER OF OFFICIAL STATION FROM PEARL HARBOR, HAWAII, TO PHILADELPHIA, PENNSYLVANIA.

BY TRANSFER AUTHORIZATION DATED FEBRUARY 2, 1953, YOUR OFFICIAL STATION WAS CHANGED FROM PEARL HARBOR TO PHILADELPHIA. THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM THE RELEASING TO THE ACQUIRING ACTIVITY WAS AUTHORIZED AT GOVERNMENT EXPENSE IN ACCORDANCE WITH SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, AS AMENDED. APPEARS THAT YOU SHIPPED 4,140 POUNDS OF EFFECTS FROM HAWAII ON GOVERNMENT BILL OF LADING N-31372750 AND 1,057 POUNDS OF EFFECTS FROM STORAGE IN SANTA ROSA, CALIFORNIA, FOR WHICH LATTER MOVEMENT YOU EXPENDED THE SUM OF $239.84. YOU CLAIMED $249.35 FOR MOVEMENT OF THE 1,057 POUNDS IN ACCORDANCE WITH THE COMMUTED RATE PRESCRIBED IN EXECUTIVE ORDER NO. 10274. HOWEVER, BY OFFICE SETTLEMENT OF JUNE 15 YOU WERE ALLOWED ONLY $208.85.

THE ONLY AUTHORITY UNDER WHICH YOU LAWFULLY COULD BE REIMBURSED FOR THE TRANSPORTATION IN QUESTION IS THAT CONTAINED IN EXECUTIVE ORDER NO. 9805, DATED NOVEMBER 25, 1946, AS AMENDED, WHICH WAS PROMULGATED PURSUANT TO THE ACT OF AUGUST 2, 1946, 60 STAT. 806, AS AMENDED. ANY REIMBURSEMENT MADE UNDER THE AUTHORITY OF THAT EXECUTIVE ORDER NECESSARILY IS SUBJECT TO THE RESTRICTIONS CONTAINED THEREIN. SECTION 8 OF THE EXECUTIVE ORDER AUTHORIZES PAYMENT OF EXPENSES FOR TRANSPORTATION OF AN EMPLOYEE'S HOUSEHOLD EFFECTS WHETHER THE SHIPMENT ORIGINATES AT THE EMPLOYEE'S OFFICIAL STATION OR AT SOME OTHER POINT, OR PARTIALLY AT BOTH, OR WHETHER THE POINT OF DESTINATION IS THE NEW OFFICIAL STATION OR SOME OTHER POINT SELECTED BY HIM, OR BOTH, PROVIDED THAT THE COST TO THE GOVERNMENT SHALL NOT EXCEED THE COST OF SHIPMENT IN ONE LOT BY THE MOST ECONOMICAL ROUTE FROM THE LAST OFFICIAL STATION TO THE NEW. SECTION 17, TITLE III, OF THE CITED EXECUTIVE ORDER NO. 9825, PROVIDES THAT AN EMPLOYEE WITH FAMILY, WHEN TRANSFERRED TO OR FROM POINTS OUTSIDE THE CONTINENTAL UNITED STATES, SHALL BE ALLOWED THE ACTUAL COST OF TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS NOT TO EXCEED A MAXIMUM WEIGHT ALLOWANCE OF 8,750 POUNDS. SECTIONS 18, 19, AND 20 OF THE SAID ORDER, LIKEWISE LIMITS THE ALLOWANCES TO THE ACTUAL COST FOR THE PACKING, CRATING, UNPACKING, UNCRATING, DRAYAGE, AND TEMPORARY STORAGE NOT TO EXCEED 60 DAYS. SECTION 21 OF THE EXECUTIVE ORDER PROVIDES THAT TRANSPORTATION SERVICES, INCLUDING ALLOWANCES SPECIFIED IN SECTIONS 18 AND 19 THEREOF, MAY BE PROCURED BY THE AGENCY CONCERNED FROM ANY AVAILABLE COMMON CARRIER.

SINCE THE TOTAL WEIGHT OF ALL EFFECTS TRANSPORTED TO PHILADELPHIA, PENNSYLVANIA, IS REPORTED TO BE LESS THAN THE WEIGHT ALLOWANCE AUTHORIZED FOR SHIPMENT EITHER TO OR FROM POINTS OUTSIDE THE UNITED STATES, AND THE ACTUAL COST FOR THE SEPARATE SHIPMENTS TO PHILADELPHIA FROM HONOLULU AND SAN FRANCISCO WAS LESS THAN THE COST WOULD HAVE BEEN FOR TRANSPORTING A LIKE SHIPMENT IN ONE LOT VIA LAND AND WATER FROM HONOLULU TO PHILADELPHIA, YOU ARE ENTITLED TO REIMBURSEMENT FOR THE ACTUAL COST OF THE SHIPMENT OF THE 1,057 POUNDS OF EFFECTS TO PHILADELPHIA, INCLUDING DRAYAGE AND TEMPORARY STORAGE, IN THE AMOUNT OF $239.84. YOU WERE PAID $208.85 ON CERTIFICATE OF SETTLEMENT DATED JUNE 15, 1954. ACCORDINGLY, THERE IS A BALANCE DUE YOU OF $30.99, FOR WHICH A SETTLEMENT WILL ISSUE IN YOUR FAVOR IN DUE COURSE.

REGARDING THE PAYMENT OF INTEREST ON YOUR CLAIM IT MAY BE STATED THAT IT IS WELL SETTLED THAT THE PAYMENT OF INTEREST BY THE GOVERNMENT ON ITS UNPAID ACCOUNTS OR CLAIMS MAY NOT BE MADE EXCEPT WHERE INTEREST IS STIPULATED FOR IN LEGAL AND PROPER CONTRACTS, OR WHERE THE ALLOWANCE OF INTEREST IS SPECIFICALLY DIRECTED BY STATUTE. SINCE SUCH PREREQUISITES DO NOT EXIST IN YOUR CASE, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF INTEREST ON YOUR CLAIM. ANGARICA V. BAYARD, 127 U.S. 251, 260; SEABOARD AIR LINE RY. CO. V. UNITED STATES, 261 U.S. 299, 304; DRESSER V. UNITED STATES, 84 F. SUPP. 993, 995; R. F. & P. RP. CO. V. UNITED STATES, 95 C. CLS. 244, 259; 27 COMP. GEN. 690, 691.