B-131512, MAY 29, 1957

B-131512, MAY 29, 1957

TO MRS. M. L. ADAMS, AUTHORIZED CERTIFYING OFFICER, FEDERAL COMMUNICATIONS COMMISSION:

YOUR LETTER OF APRIL 11, 1957 (WITH ENCLOSURES) REQUESTS OUR DECISION AS TO WHETHER, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED, THE TWO RECLAIM VOUCHERS TRANSMITTED THEREWITH IN FAVOR OF PAUL PERINGER AND JOHN WAHLBERG, FORMER EMPLOYEES OF THE FEDERAL COMMUNICATIONS COMMISSION, PROPERLY MAY BE CERTIFIED FOR PAYMENT.

THE RECORD DISCLOSES THAT MR. PERINGER, WHO WAS TRANSFERRED TO ALASKA FOR PERMANENT DUTY IN 1946, RESIGNED HIS POSITION IN 1956 WHILE ON HOME LEAVE IN THE UNITED STATES UNDER THE PROVISIONS OF THE ACT OF AUGUST 31, 1954, 68 STAT. 1008. THE EXPENSES SHOWN TO HAVE BEEN INCURRED FOR SUCH TRAVEL AND TRANSPORTATION ARE REPORTED TO HAVE BEEN PAID. HIS PRESENT CLAIM FOR $107.07 REPRESENTS THE SUM HE EXPENDED DURING 1951 IN CONNECTION WITH THE SHIPMENT (INCLUDING PACKING, CRATING AND DRAYAGE) OF 1,342 POUNDS OF HOUSEHOLD GOODS AND EFFECTS FROM ANCHORAGE, ALASKA, TO HIS HOME IN BELLINGHAM, WASHINGTON.

IN 1951, SOME FIVE YEARS PRIOR TO THE DATE HE SUBMITTED HIS RESIGNATION, MR. PERINGER, UPON REQUEST, WAS GRANTED LEAVE WITHOUT PAY TO ENABLE HIM TO RETURN TO THE MAINLAND AND PURSUE A COURSE OF STUDY AT A UNIVERSITY. YOU SAY HE RETURNED TO ALASKA IN 1952, AND THAT ALL EXPENSES FOR ROUND TRIP TRAVEL AND FOR THE SHIPMENT OF HIS EFFECTS HOME FROM ALASKA IN 1951 WERE BORNE BY HIM. SINCE HE NO LONGER IS AN EMPLOYEE OF YOUR COMMISSION AND THE AGGREGATE WEIGHT OF HOUSEHOLD EFFECTS SHIPPED FROM ALASKA IN 1951 AND 1956 IS LESS THAN THE WEIGHT ALLOWANCE AUTHORIZED BY EXECUTIVE ORDER NO. 9805, AS AMENDED, MR. PERINGER CONTENDS HE SHOULD BE REIMBURSED THE SUM EXPENDED FOR TRANSPORTING SOME OF HIS EFFECTS TO HIS HOME DURING 1951.

ALTHOUGH HE WAS GRANTED LEAVE WITHOUT PAY DURING 1951 TO ENABLE HIM TO RETURN TO THE UNITED STATES FOR PERSONAL REASONS, NO ORDERS WERE ISSUED AUTHORIZING TRANSPORTATION OF HIS EFFECTS; HENCE, PAYMENT BY THE GOVERNMENT OF THE TRANSPORTATION OF HIS EFFECTS; HENCE, PAYMENT BY THE GOVERNMENT OF THE TRANSPORTATION CHARGES CLAIMED WAS NOT CONTEMPLATED OR INTENDED. THE RETURN OF MR. PERINGER'S EFFECTS DURING 1951 WAS NOT INCIDENTAL TO THE TERMINATION OF HIS ASSIGNMENT IN ALASKA AND NOT ESSENTIAL TO OFFICIAL GOVERNMENT BUSINESS. MOREOVER, THE ACT OF AUGUST 31, 1954, PUBLIC LAW 737, 68 STAT. 1008, IS NOT BY ITS TERMS RETROACTIVE AND THE LEGISLATIVE HISTORY OF THE ACT CLEARLY INDICATES THAT IT WAS NOT INTENDED THAT THE LEGISLATION WOULD CONVERT PAST PERSONAL EXPENSES INTO A GOVERNMENT OBLIGATION. SEE PAGE 5, HOUSE OF REPRESENTATIVES REPORT NO. 2096, 83RD CONGRESS. ACCORDINGLY, THE RECLAIM VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.

THE RECLAIM VOUCHER STATED IN FAVOR OF JOHN H. WAHLBERG FOR $221.68 REPRESENTS THE AMOUNT SUSPENDED ON VOUCHER NO. 191618 OF THE FEBRUARY 1957 ACCOUNTS OF J. F. CANNON, CHIEF DISBURSING OFFICER, SYMBOL NO. 9000. THE SUM SUSPENDED COVERS THE COMMUTED COST OF TRANSPORTING 1,700 POUNDS OF HOUSEHOLD EFFECTS FROM DOUGLAS, ARIZONA, TO LIVERMORE, CALIFORNIA, IN THE CLAIMANT'S UTILITY LUGGAGE TRAILER AND ONE-TON TRUCK DURING DECEMBER 1956.

THE RECORD SHOWS THAT MR. WAHLBERG RESIDED IN TUCSON, ARIZONA, AT THE TIME HE WAS EMPLOYED BY THE COMMISSION AND ORDERED TO DUTY AT DOUGLAS, ARIZONA. BY TRAVEL AUTHORIZATION DATED NOVEMBER 21, 1956, HE WAS TRANSFERRED TO LIVERMORE, CALIFORNIA, FOR PERMANENT DUTY. THE TRANSFER ORDERS AUTHORIZED THE TRAVEL OF THE EMPLOYEE AND HIS IMMEDIATE FAMILY (WIFE AND TWO SONS, AGES 8 AND 6), BY PRIVATELY OWNED AUTOMOBILE AT THE RATE OF $0.10 PER MILE, PER DIEM AT $12 PER DAY, AND INCLUDED AUTHORITY FOR THE TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS TO THE NEW DUTY STATION AT GOVERNMENT EXPENSE.

IT IS SHOWN THAT THE CLAIMANT AND FAMILY TRAVELED TO LIVERMORE, CALIFORNIA IN THE CLAIMANT'S TRUCK. HE HAS BEEN PAID MILEAGE AND PER DIEM IN COMPLIANCE WITH HIS ORDERS. SOME OF HIS EFFECTS ARE SHOWN TO HAVE BEEN TRANSPORTED TO LIVERMORE FROM TUCSON, ARIZONA, HIS FORMER PLACE OF RESIDENCE, IN HIS PERSONALLY OWNED HOUSE TRAILER. THE HOUSE TRAILER WAS TOWED TO LIVERMORE BY THE MILLER TRAILER TRANSPORT COMPANY FOR WHICH--- ACCORDING TO RECEIPT ON FILE--- HE EXPENDED THE SUM OF $203.94 FROM PERSONAL FUNDS. THE CLAIMANT HAS BEEN PAID $128.73 THE COMMUTED TRANSPORTATION CHARGES (1,050 POUNDS AT $12.26 PER CWT.) FOR THE TRANSFER OF HIS EFFECTS IN THE HOUSE TRAILER.

AUTHORITY FOR THE TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF CIVILIAN OFFICERS AND EMPLOYEES ON A COMPUTED BASIS INCIDENT TO A PERMANENT CHANGE OF STATION WITHIN THE UNITED STATES IS CONTAINED IN SECTION 1 (B) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, AND SECTION 12/A) OF EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER 10507, WHICH ORDER PROVIDES THAT "THE AMOUNT PAYABLE SHALL BE THE PRODUCT OF THE APPLICABLE RATE AND THE NET WEIGHT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS ACTUALLY TRANSPORTED * * *.' SECTION 8 OF EXECUTIVE ORDER NO. 10196 AUTHORIZED REIMBURSEMENT ON A COMMUTED BASIS WITHIN THE CONTINENTAL UNITED STATES WHETHER THE SHIPMENT ORIGINATES AT THE EMPLOYEE'S LAST 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, 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. NO TRANSPORTATION EXPENSES ARE ALLOWABLE FOR PROPERTY ACQUIRED EN ROUTE FROM THE LAST OFFICIAL STATION TO THE NEW.

UNDER THE CIRCUMSTANCES, AND SINCE THE CLAIMANT STATES THAT NO ADDITIONAL EFFECTS WERE ACQUIRED EN ROUTE, HE IS ENTITLED, IF OTHERWISE PROPER, TO THE COMMUTED CHARGES AS RECLAIMED FOR THE TRANSPORTATION OF HIS EFFECTS FROM DOUGLAS TO LIVERMORE.

HOWEVER, EVEN THOUGH HOUSE TRAILERS ARE TO BE CONSIDERED AS "PERSONAL PROPERTY," WE CONSISTENTLY HAVE RULED THAT THEY DO NOT FALL WITHIN THE PURVIEW OF THE TERMS "HOUSEHOLD GOODS" OR "PERSONAL EFFECTS" AS USED IN EXECUTIVE ORDER NO. 9805, AS AMENDED. THEREFORE, NO AMOUNT SHOULD HAVE BEEN PAID THE CLAIMANT FOR TRANSPORTING THE HOUSE TRAILER, IN THE ABSENCE OF EVIDENCE THAT THE CHARGES FOR TOWING THE LOADED TRAILER, REPORTED TO WEIGHT 9,140 POUNDS, EXCEEDED THE AMOUNT THAT WOULD HAVE BEEN CHARGED FOR TOWING THE EMPTY TRAILER, WEIGHING 8,640 POUNDS. (THE 550 POUNDS OF EFFECTS, CONSTITUTING AN INTEGRAL PART OF THE TRAILER, ARE NOT TO BE CONSIDERED AS HOUSEHOLD GOODS AND PERSONAL EFFECTS FOR WHICH PAYMENT IS AUTHORIZED.) SEE 32 COMP. GEN. 154; ID. 367; 1D. 451; ID. 567. CONSEQUENTLY, CERTIFICATION OF THE RECLAIM VOUCHER FOR PAYMENT SHOULD BE RESTRICTED TO THE NET SUM OF $92.95 UNTIL A SIGNED STATEMENT IS RECEIVED FROM THE MILLER TRAILER TRANSPORT COMPANY, SAN LEANDRO, CALIFORNIA, CONCERNING THE ABOVE-MENTIONED CHARGES. IN THE EVENT THE COMPANY SAYS THE TOWING CHARGES ARE THE SAME WHETHER THE TRAILER WAS LOADED OR EMPTY, THE RECLAIM VOUCHER (RETURNED HEREWITH), AS ABOVE INDICATED, SHOULD BE CERTIFIED FOR ONLY THE BALANCE DUE, NAMELY, $92.95 ($221.68 LESS $128.73). SEE B-130874, APRIL 10, 1957. IF THE EVIDENCE SHOWS, HOWEVER, THAT THERE WAS, IN FACT, AN ADDITIONAL CHARGE BECAUSE OF THE HOUSE TRAILER BEING LOADED (500 POUNDS OF EFFECTS) CERTIFICATION OF THE VOUCHER, IF OTHERWISE PROPER, SHOULD BE FOR $221.68 LESS THE OVERPAYMENT OF $67.43 RESULTING FROM INCLUDING THE EFFECTS WHICH ARE AN INTEGRAL PART OF THE TRAILER, OR $154.25 (COMPUTATIONS SUBJECT TO VERIFICATION).