B-129139, SEP. 17, 1956

B-129139: Sep 17, 1956

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THE RECORD INDICATES THAT THE TRAVEL OF YOURSELF AND YOUR FAMILY AND THE TRANSPORTATION OF YOUR HOUSEHOLD AND PERSONAL EFFECTS WERE AUTHORIZED BY NOTIFICATION OF PERSONNEL ACTION DATED DECEMBER 5. IT IS SHOWN THAT THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS WEIGHING 11. YOUR CLAIM FOR $281.40 WAS DISALLOWED BY THE SETTLEMENT OF JUNE 18. FOR THE REASON THAT SUCH TRANSPORTATION WAS NOT BEGUN WITHIN THE TWO-YEAR TIME LIMIT IMPOSED BY SECTION 5 OF EXECUTIVE ORDER NO. 9805. THE EFFECTIVE DATE OF TRANSFER OF AN EMPLOYEE FROM ONE OFFICIAL STATION TO ANOTHER IN THE SAME DEPARTMENT OR AGENCY IS THE DATE HE ENTERS UPON DUTY AT THE NEW OFFICIAL STATION. 26 COMP. YOUR TRANSFER WAS EFFECTIVE AT THAT TIME AND THE TIME LIMIT PRESCRIBED BY THE QUOTED REGULATION EXPIRED DURING DECEMBER 1954.

B-129139, SEP. 17, 1956

TO MR. THOMAS L. MCCLELLAND:

YOUR LETTER OF AUGUST 22, 1956, REQUESTS A REVIEW OF OUR OFFICE SETTLEMENT DATED JUNE 18, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED INCIDENT TO THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM PHILADELPHIA, PENNSYLVANIA, TO FANWOOD, NEW JERSEY, UPON A PERMANENT CHANGE OF STATION.

THE RECORD INDICATES THAT THE TRAVEL OF YOURSELF AND YOUR FAMILY AND THE TRANSPORTATION OF YOUR HOUSEHOLD AND PERSONAL EFFECTS WERE AUTHORIZED BY NOTIFICATION OF PERSONNEL ACTION DATED DECEMBER 5, 1952, INCIDENT TO CHANGE OF YOUR OFFICIAL STATION FROM PHILADELPHIA, PENNSYLVANIA, TO NEW YORK, NEW YORK, EFFECTIVE DECEMBER 7, 1952, IN ACCORDANCE WITH EXECUTIVE ORDER 9805, AS AMENDED.

IT IS SHOWN THAT THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS WEIGHING 11,960 POUNDS, TO FANWOOD, NEW JERSEY, DID NOT BEGIN UNTIL MARCH 14,1956, OR APPROXIMATELY 39 MONTHS SUBSEQUENT TO THE EFFECTIVE DATE OF YOUR TRANSFER. YOUR CLAIM FOR $281.40 WAS DISALLOWED BY THE SETTLEMENT OF JUNE 18, 1956, FOR THE REASON THAT SUCH TRANSPORTATION WAS NOT BEGUN WITHIN THE TWO-YEAR TIME LIMIT IMPOSED BY SECTION 5 OF EXECUTIVE ORDER NO. 9805, AS AMENDED. THAT SECTION READS, IN PERTINENT PART, AS FOLLOWS:

"TIME LIMIT. ALL TRAVEL AND TRANSPORTATION ALLOWABLE UNDER THESE REGULATIONS SHALL BEGIN WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF THE TRANSFER OF THE EMPLOYEE * * *.'

THE EFFECTIVE DATE OF TRANSFER OF AN EMPLOYEE FROM ONE OFFICIAL STATION TO ANOTHER IN THE SAME DEPARTMENT OR AGENCY IS THE DATE HE ENTERS UPON DUTY AT THE NEW OFFICIAL STATION. 26 COMP. GEN. 293, 28 COMP. GEN. 285, 288, 29 COMP. GEN. 100. INASMUCH AS YOU ARRIVED AT YOUR NEW STATION IN DECEMBER 1952, YOUR TRANSFER WAS EFFECTIVE AT THAT TIME AND THE TIME LIMIT PRESCRIBED BY THE QUOTED REGULATION EXPIRED DURING DECEMBER 1954.

THE PAYMENT FOR TRAVEL EXPENSES OF AN EMPLOYEE'S FAMILY AND FOR THE TRANSPORTATION OF HIS HOUSEHOLD EFFECTS IS BY WAY OF REDUCING THE BURDEN NECESSITATED BY A TRANSFER OF OFFICIAL STATION. AT THE TIME OF ISSUANCE OF THE CITED EXECUTIVE ORDER, IT WAS NECESSARY TO SET FORTH A TIME LIMIT BEYOND WHICH THE TRAVEL OF FAMILY OR TRANSPORTATION OR HOUSEHOLD EFFECTS WOULD NOT BE CONSIDERED INCIDENT TO THE EMPLOYEE'S OWN TRANSFER. TO HOLD, AS URGED BY YOU, THAT THE TRANSPORTATION OF HOUSEHOLD EFFECTS CAN BE ACCOMPLISHED AT ANY TIME, PROVIDED AN EMPLOYEE ACTUALLY TRAVELS WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF HIS TRAVEL ORDERS, WOULD BE A CLEAR VIOLATION OF THE LANGUAGE AND THE INTENT OF THE REGULATION QUOTED ABOVE. NEITHER THE INTERSTATE COMMERCE COMMISSION NOR OUR OFFICE IS AUTHORIZED TO WAIVE OR DISREGARD ITS MANDATORY PROVISIONS.

ACCORDINGLY, UPON REVIEW, THE SETTLEMENT OF JUNE 18, 1956, IS FOUND CORRECT AND MUST BE SUSTAINED.