B-134841, FEB. 26, 1958

B-134841, FEB. 26, 1958

TO MR. JOHN B. RUSSELL, AUTHORIZED CERTIFYING OFFICER, CIVIL AERONAUTICS BOARD:

YOUR LETTER OF JANUARY 7, 1958, REQUESTS OUR DECISION CONCERNING THE PROPER AMOUNT PAYABLE TO MR. DAVID L. THOMPSON, AN EMPLOYEE OF THE CIVIL AERONAUTICS BOARD, AS REIMBURSEMENT FOR TRANSPORTATION OF HIS HOUSEHOLD EFFECTS INCIDENT TO A CHANGE OF HIS OFFICIAL DUTY STATION FROM WASHINGTON, D.C. TO SANTA MONICA, CALIFORNIA.

ON JUNE 29, 1957, MR. THOMPSON WAS SERVING AS A LIEUTENANT COMMANDER WITH THE U.S. NAVY. HE WAS STATIONED AT NORFOLK, VIRGINIA, AND HIS HOUSEHOLD EFFECTS WERE LOCATED IN NORFOLK. HIS HOME OF RECORD WAS ZENITH, WEST VIRGINIA, WHICH YOU SAY IS 333 MILES FROM NORFOLK. MR. THOMPSON'S DUTY WITH THE NAVY TERMINATED JUNE 30, 1957, AND THE NEXT DAY HE TRAVELED TO WASHINGTON, D.C., WHERE HE WAS APPOINTED IMMEDIATELY BY THE CIVIL AERONAUTICS BOARD TO THE POSITION OF AIR SAFETY INVESTIGATOR WITH HEADQUARTERS AT WASHINGTON, D.C. SHORTLY AFTER ENTERING ON DUTY WITH THE BOARD, IT BECAME NECESSARY TO REASSIGN HIM TO THE BOARD'S FIELD OFFICE IN SANTA MONICA, CALIFORNIA. THE PERSONNEL ACTION COVERING THIS CHANGE OF HEADQUARTERS WAS EFFECTIVE JULY 28, 1957, AND TRANSPORTATION OF HOUSEHOLD EFFECTS WAS AUTHORIZED UNDER EXECUTIVE ORDER NO. 9805, AS AMENDED.

BY GOVERNMENT BILL OF LADING NUMBER N-3323244, DATED JULY 29, 1957, THE NAVY APPARENTLY AT MR. THOMPSON'S REQUEST SHIPPED HIS HOUSEHOLD EFFECTS DIRECTLY FROM NORFOLK TO SANTA MONICA. THE TOTAL COST OF THIS MOVEMENT WAS $1,155.96, INCLUDING $125.97 FOR PACKING AND UNPACKING. OF THIS TOTAL AMOUNT, $741.74 WAS REFUNDED BY MR. THOMPSON TO THE NAVY AS EXCESS COSTS. THUS THE NAVY PAID $125.97 FOR PACKING AND UNPACKING AND $288.25 FOR 333 MILES OF TRANSPORTATION. THIS PROCEDURE WAS LEGAL AND PROPER UNDER THE JOINT TRAVEL REGULATIONS, SECTIONS 8000, 8100, AND 8101, WHICH RELATE TO MOVEMENT OF HOUSEHOLD EFFECTS, INCURRENCE OF EXCESS COSTS, AND PAYMENT OF EXCESS COSTS, RESPECTIVELY, OF RELEASED MILITARY PERSONNEL.

ALTHOUGH MR. THOMPSON WAS AUTHORIZED BY THE CIVIL AERONAUTICS BOARD TRAVEL AUTHORIZATION DATED JULY 26, 1957, TO MOVE 7000 POUNDS OF HOUSEHOLD EFFECTS FROM WASHINGTON, D.C., TO SANTA MONICA, CALIFORNIA, INCIDENT TO THE CHANGE IN HIS OFFICIAL CIVILIAN DUTY STATION, MR. THOMPSON FAILED TO USE THIS AUTHORITY AND CHOSE, INSTEAD, TO HAVE HIS HOUSEHOLD EFFECTS MOVED BY THE NAVY ON A GOVERNMENT BILL OF LADING IN ACCORDANCE WITH HIS RIGHTS UNDER THE JOINT TRAVEL REGULATIONS. HOWEVER, IN VIEW OF THE FACT THAT THE EXCESS COSTS WERE INCURRED BY MR. THOMPSON AS A RESULT OF A CHANGE OF OFFICIAL DUTY STATION INCIDENT TO HIS EMPLOYMENT WITH THE CIVIL AERONAUTICS BOARD AND CONSIDERING THAT, BUT FOR THE UNIQUE FACTUAL SITUATION WHICH DEVELOPED IN THIS CASE, MR. THOMPSON'S MOVING EXPENSES TO SANTA MONICA WOULD HAVE BEEN REIMBURSABLE UNDER EXECUTIVE ORDER NO. 9805, AS AMENDED, WE WILL INTERPOSE NO OBJECTION TO PAYMENT TO MR. THOMPSON OF THOSE EXCESS COSTS OF TRANSPORTATION OF HIS HOUSEHOLD EFFECTS UNDER AUTHORITY OF THE JOINT TRAVEL REGULATIONS FOR WHICH REIMBURSEMENT HAS NOT YET BEEN MADE. THEREFORE, THE ENCLOSED VOUCHER MAY BE APPROVED FOR PAYMENT IN THE AMOUNT OF $741.74, IF OTHERWISE CORRECT. DISTINGUISH 26 COMP. GEN. 583, WHERE SHIPMENT UNDER EXECUTIVE ORDER NO. 9805, WAS THE ONLY LEGAL METHOD.