B-123344, MAY 19, 1955

B-123344: May 19, 1955

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DEPARTMENT OF AGRICULTURE: REFERENCE IS MADE TO YOUR LETTER OF MARCH 10. WILLIAMS WAS DIRECTED TO TRAVEL FROM TWISP TO QUILOENE. REIMBURSEMENT IS CLAIMED FOR MILEAGE. HE DOES CLAIM $9.50 PER DIEM IN LIEU OF SUBSISTENCE FOR THE TRAVEL TIME INVOLVED IN DRIVING HIS TRUCK ON WHICH HIS EFFECTS WERE TRANSPORTED. YOUR DOUBT AS TO THE AMOUNT ALLOWABLE IS STATED TO ARISE FROM THE FACT THAT "THE HOUSEHOLD EFFECTS WERE TRANSPORTED BY TRUCK OWNED AND DRIVEN BY THE EMPLOYEE.". WE HELD THAT UNDER THE CITED PROVISIONS OF THE EXECUTIVE ORDER AN EMPLOYEE WAS ENTITLED TO MILEAGE FOR THE SEPARATE TRAVEL OF HIS FAMILY BY PRIVATELY OWNED AUTOMOBILE AND. TO REIMBURSEMENT AT THE COMMUTED RATE PRESCRIBED FOR MOVEMENT OF HIS HOUSEHOLD EFFECTS BETWEEN THE POINTS INVOLVED - NOTWITHSTANDING THAT THE SHIPMENT OF HOUSEHOLD EFFECTS WAS MADE IN HIS PERSONALLY OWNED AND OPERATED TRUCK.

B-123344, MAY 19, 1955

PRECIS-UNAVAILABLE

G. L. CONROY, DEPARTMENT OF AGRICULTURE:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 10, 1955, FILE 4057, TRANSMITTING FOR ADVANCE DECISION A VOUCHER STATED IN FAVOR OF JESSE LAROY WILLIAMS, AN EMPLOYEE OF THE FOREST SERVICE, IN THE AMOUNT OF $333.68, REPRESENTING PER DIEM ALLOWANCE FOR TRAVEL TIME OF THE EMPLOYEE, AND EXPENSES FOR TRANSPORTATION OF HIS IMMEDIATE FAMILY AND HOUSEHOLD EFFECTS, INCIDENT TO A CHANGE OF OFFICIAL STATION.

BY TRAVEL ORDER DATED JANUARY 25, 1955, MR. WILLIAMS WAS DIRECTED TO TRAVEL FROM TWISP TO QUILOENE, WASHINGTON. THE ORDER AUTHORIZED THE TRAVEL EXPENSES OF THE EMPLOYEE AS WELL AS THE EXPENSES FOR TRANSPORTATION OF HIS IMMEDIATE FAMILY (WIFE AND FIVE CHILDREN) AND HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS. IT ALSO AUTHORIZED, IN SUBSTANCE, THE TRANSPORTATION OF THE EMPLOYEE "AND/OR MEMBERS OF YOUR (HIS) IMMEDIATE FAMILY," BY PRIVATELY OWNED MOTOR VEHICLE, AT A MILEAGE RATE OF NOT TO EXCEED SEVEN CENTS PER MILE, PLUS FERRY FARES, THE TOTAL COST OF SUCH TRAVEL NOT TO EXCEED THE TOTAL COST BY COMMON CARRIER.

REIMBURSEMENT IS CLAIMED FOR MILEAGE, IN THE AMOUNT OF $19.04, AND FOR A FERRY CHARGE OF $4.30, INCIDENT TO THE TRAVEL OF THE EMPLOYEE'S IMMEDIATE FAMILY BY PRIVATELY OWNED AUTOMOBILE. SEE SECTION 3 OF EXECUTIVE ORDER NO. 9805, AS AMENDED. ALSO, THE EMPLOYEE CLAIMS REIMBURSEMENT UPON A COMMUTED BASIS FOR TRANSPORTATION OF HIS HOUSEHOLD EFFECTS BETWEEN THE POINTS INVOLVED, A DISTANCE OF 272 MILES, IN THE AMOUNT OF $300.84 (5,450 POUNDS AT $5.52 PER HUNDRED WEIGHT), UNDER THE PROVISIONS OF SECTION 12(A) OF THE SAME EXECUTIVE ORDER. HE MAKES NO CLAIM FOR TRANSPORTATION OF HIMSELF; HOWEVER, HE DOES CLAIM $9.50 PER DIEM IN LIEU OF SUBSISTENCE FOR THE TRAVEL TIME INVOLVED IN DRIVING HIS TRUCK ON WHICH HIS EFFECTS WERE TRANSPORTED. YOUR DOUBT AS TO THE AMOUNT ALLOWABLE IS STATED TO ARISE FROM THE FACT THAT "THE HOUSEHOLD EFFECTS WERE TRANSPORTED BY TRUCK OWNED AND DRIVEN BY THE EMPLOYEE."

IN DECISION DATED DECEMBER 22, 1953, B-117920, WE HELD THAT UNDER THE CITED PROVISIONS OF THE EXECUTIVE ORDER AN EMPLOYEE WAS ENTITLED TO MILEAGE FOR THE SEPARATE TRAVEL OF HIS FAMILY BY PRIVATELY OWNED AUTOMOBILE AND, IN ADDITION, TO REIMBURSEMENT AT THE COMMUTED RATE PRESCRIBED FOR MOVEMENT OF HIS HOUSEHOLD EFFECTS BETWEEN THE POINTS INVOLVED - NOTWITHSTANDING THAT THE SHIPMENT OF HOUSEHOLD EFFECTS WAS MADE IN HIS PERSONALLY OWNED AND OPERATED TRUCK. WE ARE OF THE VIEW, HOWEVER, THAT UNDER SECTION 12(A) OF THE EXECUTIVE ORDER THE LATTER PAYMENT IS THE MAXIMUM ALLOWANCE PAYABLE INCIDENT TO MOVEMENT OF THE HOUSEHOLD EFFECTS. CF. 32 COMP. GEN. 321. HENCE, PAYMENT OF ANY ADDITIONAL AMOUNT IN CONNECTION THEREWITH - IN THIS CASE THE PER DIEM CLAIMED IN THE AMOUNT OF $9.50 - IS NOT AUTHORIZED.

ACCORDINGLY, THE VOUCHER IS RETURNED AND MAY BE CERTIFIED FOR PAYMENT IN THE AMOUNT OF $324.18 IF OTHERWISE CORRECT.