B-125533, OCT. 3, 1955

B-125533: Oct 3, 1955

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YOUR DOUBT IN THE MATTER APPEARS TO ARISE FROM THE FACT THAT THE WEIGHT OF THE GOODS WHICH WERE TRANSPORTED IN RENTED TRAILERS TOWED BY EMPLOYEE'S PERSONALLY OWNED AUTOMOBILE IS EVIDENCED BY WEIGHT TICKETS OBTAINED AT THE DESTINATION INSTEAD OF AT THE POINT OF ORIGIN OF THE SHIPMENT AS REQUIRED BY EXECUTIVE ORDER NO. 9805. IT WAS HELD QUOTING FROM THE SYLLABUS: " A TRANSFERRED EMPLOYEE WHO FURNISHED A WEIGHT CERTIFICATE COVERING TRANSPORTATION OF HIS HOUSEHOLD EFFECTS MAY BE REIMBURSED FOR HIS EXPENSES INCIDENT TO THE SHIPMENT UNDER EXECUTIVE ORDER NO. 9805. EVEN THOUGH THE CERTIFICATE WAS ISSUED AT A POINT EN ROUTE MORE THAN 10 MILES FROM THE POINT OF ORIGIN. AUTHORIZING THE USE OF CONSTRUCTIVE WEIGHT WHERE NO ADEQUATE SCALE IS LOCATED WITHIN SUCH 10-MILE RADIUS.

B-125533, OCT. 3, 1955

TO MR. C. H. SMITH, AUTHORIZED CERTIFYING OFFICER, SOUTHWESTERN POWER ADMINISTRATION, DEPARTMENT OF THE INTERIOR:

YOUR LETTER OF SEPTEMBER 16, 1955, REQUESTS A DECISION WHETHER THE VOUCHER, THEREWITH ENCLOSED, IN FAVOR OF CHARLES B. THOMAS, FOR $215.72, MAY BE CERTIFIED FOR PAYMENT. THE VOUCHER COVERS REIMBURSEMENT, ON A COMMUTED BASIS, OF EXPENSES INCURRED BY MR. THOMAS IN TRANSPORTING HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM MOUNTAIN HOME, ARKANSAS, TO SPRINGFIELD, MISSOURI.

YOUR DOUBT IN THE MATTER APPEARS TO ARISE FROM THE FACT THAT THE WEIGHT OF THE GOODS WHICH WERE TRANSPORTED IN RENTED TRAILERS TOWED BY EMPLOYEE'S PERSONALLY OWNED AUTOMOBILE IS EVIDENCED BY WEIGHT TICKETS OBTAINED AT THE DESTINATION INSTEAD OF AT THE POINT OF ORIGIN OF THE SHIPMENT AS REQUIRED BY EXECUTIVE ORDER NO. 9805, AS AMENDED.

IN THAT REGARD THE CLAIMANT MAKES THE FOLLOWING EXPLANATION OF HIS FAILURE TO COMPLY WITH THE SPECIFIC LANGUAGE OF THE REGULATION:

"WHEN I RECEIVED THE TRANSFER FROM THE CORPS OF ENGINEERS TO S.P.A., MY WIFE AND I COULD NOT FIND THE TYPE HOME THAT WE WANTED TO BUY IN SPRINGFIELD IN THE SHORT PERIOD OF TIME WE HAD.

"WE DECIDED THAT IT WOULD BE BETTER TO TAKE OUR DEEP-FREEZER AND A FEW OTHER THINGS TO MY WIFE'S FOLKS AT PHILLIPSBURG MISSOURI WHERE SOMEONE COULD KEEP AT WATCH ON THE FREEZER IN THE EVENT OF A POWERFAILURE. THIS WE DID THE LATTER PART OF JUNE.

"THE AFTERNOON OF JULY 13, WE RENTED A LARGE FOUR WHEEL TRAILER, AND WENT TO MOUNTAIN HOME, LOADED OUR FURNITURE AND RETURNED TO SPRINGFIELD LATE THAT NIGHT. ON THE MORNING OF THE 14TH, WE WEIGHED THE LOADED TRAILER, THEN UNLOADED IT, WEIGHED IT EMPTY, AND RETURNED IT TO THE AGENCY AND OBTAINED A TWO WHEEL TRAILER AND WENT TO PHILLIPSBURG MO., LOADED OUR FREEZER AND OTHER ITEMS THAT WE HAD TAKEN THERE IN JUNE, RETURNED TO SPRINGFIELD. WE WEIGHED THIS SECOND TRAILER WHILE LOADED, AND AFTER UNLOADING, OBTAINED THE TWO WEIGHT TICKETS, AND CONTRACTING OFFICER TRICKED US INTO GIVING THE LOWER PRICE, AND

IN 29 COMP. GEN. 273, IT WAS HELD QUOTING FROM THE SYLLABUS:

" A TRANSFERRED EMPLOYEE WHO FURNISHED A WEIGHT CERTIFICATE COVERING TRANSPORTATION OF HIS HOUSEHOLD EFFECTS MAY BE REIMBURSED FOR HIS EXPENSES INCIDENT TO THE SHIPMENT UNDER EXECUTIVE ORDER NO. 9805, EVEN THOUGH THE CERTIFICATE WAS ISSUED AT A POINT EN ROUTE MORE THAN 10 MILES FROM THE POINT OF ORIGIN, THE PRIMARY PURPOSE OF SECTION 14 OF THE ORDER, AUTHORIZING THE USE OF CONSTRUCTIVE WEIGHT WHERE NO ADEQUATE SCALE IS LOCATED WITHIN SUCH 10-MILE RADIUS, BEING TO REQUIRE THAT ACCEPTABLE EVIDENCE OF WEIGHT BE FURNISHED, AND NOT TO REQUIRE THAT SHIPMENTS BE WEIGHED WITHIN SAID 10 MILES.'

IN VIEW OF THE REASONING IN THAT DECISION AND OF THE EMPLOYEE'S EXPLANATION YOU ARE INFORMED THAT REIMBURSEMENT IN THE PRESENT CASE IS AUTHORIZED RENDERING UNNECESSARY CONSIDERATION OF THE QUESTIONS IN THE LAST PARAGRAPH OF YOUR LETTER REGARDING ALTERNATIVE METHODS OF DETERMINING THE AMOUNT ALLOWABLE. THE VOUCHER IS RETURNED HEREWITH AND PROPERLY MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.