B-126215, DEC. 27, 1955

B-126215, DEC. 27, 1955

TO LIEUTENANT COLONEL T. G. HARTON, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

BY 3RD INDORSEMENT DATED NOVEMBER 28, 1955, FINEK 248.7, THE ASSISTANT CHIEF OF FINANCE (OPERATIONS) FORWARDED YOUR LETTER OF NOVEMBER 2, 1955, LMKCB, REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY OF PAYMENT OF A VOUCHER, THEREWITH TRANSMITTED, IN FAVOR OF JOHN R. LOVELL, WHEREIN HE CLAIMS REIMBURSEMENT ON A COMMUTED BASIS FOR THE EXPENSE OF TRANSPORTING HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM HOT SPRINGS, ARKANSAS, TO BLAKELY MOUNTAIN DAM, A DISTANCE OF APPROXIMATELY 12 MILES.

THE RECORD SHOWS THAT ON OR ABOUT JULY 24, 1950, MR. LOVELL WAS EMPLOYED AS AN ELECTRICIAN AT NARROWS DAM, MURFREESBORO, ARKANSAS. LATER HE WAS SELECTED FOR THE POSITION OF SUPERINTENDENT AT THE BLAKELY MOUNTAIN DAM AND WAS TRANSFERRED TO THE BLAKELY MOUNTAIN FIELD OFFICE, HOT SPRINGS, ARKANSAS, TO WORK AS AN ELECTRICAL INSPECTOR ON CERTAIN PHASES OF THE DAM DURING THE PROCESS OF ITS CONSTRUCTION. HE WAS REQUIRED TO MOVE TO HOT SPRINGS AND TO COMMUTE BETWEEN THAT PLACE AND THE DAM BECAUSE THE GOVERNMENT RESIDENCE AT THE DAM WAS NOT COMPLETED.

ON AUGUST 31, 1955, MR. LOVELL, UPON COMPLETION OF THE RESIDENCE AT THE DAM, WAS DIRECTED TO MOVE TO THAT LOCATION, APPARENTLY TO TAKE UP HIS DUTIES AS SUPERINTENDENT, IT BEING CONSIDERED ESSENTIAL THAT THE SUPERINTENDENT LIVE IN THE IMMEDIATE VICINITY OF THE DAM FOR OPERATING EXPEDIENCY AND AS A MATTER OF SECURITY.

YOU INDICATE THAT MR. LOVELL'S CLAIM IS PREDICATED UPON A PERMANENT CHANGE OF STATION FROM BLAKELY MOUNTAIN FIELD OFFICE, HOT SPRINGS, ARKANSAS, TO BLAKELY MOUNTAIN DAM (APPROXIMATELY 12 MILES NORTHWEST OF HOT SPRINGS). YOUR DOUBT AS TO THE PROPRIETY OF PAYMENT IS STATED TO EXIST BY REASON OF SECTION 8 OF EXECUTIVE ORDER NO. 9805, DATED NOVEMBER 25, 1946, AS AMENDED BY EXECUTIVE ORDER NO. 10196, DATED DECEMBER 20, 1950 (REGULATIONS COVERING THE TRANSPORTATION OF HOUSEHOLD EFFECTS), AND CHANGE 8, CIVILIAN PERSONNEL REGULATIONS T3.5-5C. THOSE REGULATIONS PROVIDE THAT THE TERM "OFFICIAL STATION" SHALL BE CONSTRUED TO INCLUDE ANY POINT FROM WHICH THE EMPLOYEE COMMUTES DAILY TO HIS POST OF DUTY. HERE THE EMPLOYEE INVOLVED COMMUTED DAILY FROM HOT SPRINGS TO BLAKELY MOUNTAIN DAM PRIOR TO MOVING TO THAT LOCATION ON AUGUST 31, 1955. HOWEVER, IT MAY BE STATED THAT THE BASIC PURPOSE OF THE ABOVE DEFINITION OF "OFFICIAL STATION" HAS TO DO WITH THE EMPLOYEE'S ENTITLEMENT TO SHIP HIS HOUSEHOLD EFFECTS BETWEEN POINTS WITHIN COMMUTING DISTANCE OF HIS OLD STATION AND/OR HIS NEW STATION.

IN OUR DECISION OF JULY 8, 1954, B-120454, IT WAS HELD, IN PERTINENT PART, THAT EMPLOYEES OF THE WEATHER BUREAU WHOSE OFFICIAL DUTY STATIONS WERE CHANGED FROM WASHINGTON, D.C., TO NEARBY UNINCORPORATED SUITLAND, MARYLAND, COULD BE REIMBURSED FOR TRANSPORTATION OF HOUSEHOLD EFFECTS INASMUCH AS THE TRANSFERS WERE MADE TO A POINT OUTSIDE THE CORPORATE LIMITS OF THE OLD DUTY STATION. THE BASIS FOR THAT DECISION WAS THAT A PERMANENT CHANGE OF STATION HAD OCCURRED UNDER PARAGRAPH 3, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WHICH DEFINES LIMITS OF OFFICIAL STATION OR POST OF DUTY AS BEING CORPORATE LIMITS OF CITY OR TOWN IN WHICH EMPLOYEE IS STATIONED.

THE MATTER HERE INVOLVED APPEARS TO BE COVERED BY THAT DECISION. ACCORDINGLY, THE VOUCHER, TOGETHER WITH RELATED PAPERS, IS RETURNED HEREWITH AND MAY BE PROCESSED FOR PAYMENT, IF OTHERWISE ..END :