B-134957, MAR. 6, 1958

B-134957: Mar 6, 1958

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WHICH WAS TOO LATE IN THE DAY TO OBTAIN THE WEIGHT OF HIS LOADED TRUCK. IT IS FURTHER REVEALED THAT THE EMPLOYEE CHOSE. TO MOVE HIS GOODS SO THAT IT WAS IMPOSSIBLE TO OBTAIN WEIGHT OF THE LOADED TRUCK PRIOR TO THE EMPLOYEE'S DEPARTURE FROM GRAND JUNCTION. YOUR DOUBT IN THE MATTER APPEARS TO ARISE FROM THE FACT THAT THE WEIGHT OF THE GOODS WHICH WERE TRANSPORTED IN A RENTED TRUCK IS EVIDENCED BY THE DIFFERENCE BETWEEN THE WEIGHT OF THE LOADED TRUCK OBTAINED AT THE DESTINATION OF THE SHIPMENT AND THE WEIGHT OF THE EMPTY TRUCK OBTAINED AT THE ORIGIN OF THE SHIPMENT INSTEAD OF OBTAINING THE WEIGHT OF THE HOUSEHOLD EFFECTS AT THE POINT OF ORIGIN OF THE SHIPMENT. IT WAS HELD. EVEN THOUGH THE CERTIFICATE WAS ISSUED AT A POINT EN ROUTE MORE THAN 10 MILES FROM THE POINT OF ORIGIN.

B-134957, MAR. 6, 1958

TO MR. RUSSELL W. DEAN, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF INTERIOR:

YOUR LETTER OF DECEMBER 17, 1957, WITH ENCLOSURES, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF CARMAN W. DUNN FOR $258.70, REPRESENTING $5 PER DIEM, $17.50 MILEAGE, AND $236.20 AS COMMUTED REIMBURSEMENT FOR TRANSPORTATION OF HIS HOUSEHOLD EFFECTS BETWEEN GRAND JUNCTION, COLORADO, AND DURANGO, COLORADO, UPON AN OFFICIAL CHANGE OF STATION.

THE RECORD SHOWS THAT THE EMPLOYEE INCIDENT TO HIS CHANGE OF STATION UNDER ORDERS DATED SEPTEMBER 9, 1957, MOVED HIS HOUSEHOLD EFFECTS BY RENTED TRUCK ON SEPTEMBER 30, 1957, LEAVING GRAND JUNCTION AT 5:00 P.M., WHICH WAS TOO LATE IN THE DAY TO OBTAIN THE WEIGHT OF HIS LOADED TRUCK. UPON ARRIVING AT DURANGO, THE EMPLOYEE HAD THE LOADED TRUCK WEIGHED AND UPON RETURNING TO GRAND JUNCTION HAD THE EMPTY TRUCK WEIGHED BEFORE RETURNING THE TRUCK TO THE LESSOR. IT IS FURTHER REVEALED THAT THE EMPLOYEE CHOSE, UPON HIS OWN VOLITION AND NOT BY DIRECTION OR CONSENT OF THE GOVERNMENT, TO MOVE HIS GOODS SO THAT IT WAS IMPOSSIBLE TO OBTAIN WEIGHT OF THE LOADED TRUCK PRIOR TO THE EMPLOYEE'S DEPARTURE FROM GRAND JUNCTION.

YOUR DOUBT IN THE MATTER APPEARS TO ARISE FROM THE FACT THAT THE WEIGHT OF THE GOODS WHICH WERE TRANSPORTED IN A RENTED TRUCK IS EVIDENCED BY THE DIFFERENCE BETWEEN THE WEIGHT OF THE LOADED TRUCK OBTAINED AT THE DESTINATION OF THE SHIPMENT AND THE WEIGHT OF THE EMPTY TRUCK OBTAINED AT THE ORIGIN OF THE SHIPMENT INSTEAD OF OBTAINING THE WEIGHT OF THE HOUSEHOLD EFFECTS AT THE POINT OF ORIGIN OF THE SHIPMENT.

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 LINE WITH THAT DECISION AND AS THE AMENDMENTS MADE TO SECTION 14 OF THE EXECUTIVE ORDER SINCE THAT TIME ARE NOT SUCH AS TO REQUIRE A DIFFERENT CONCLUSION YOU ARE INFORMED THAT IN THE PRESENT CASE THE EMPLOYEE WOULD BE ENTITLED TO REIMBURSEMENT ON A COMMUTED BASIS FOR THE TRANSPORTATION OF HIS HOUSEHOLD EFFECTS.

ACCORDINGLY, THE VOUCHER AND RELATED CORRESPONDENCE IS RETURNED HEREWITH AND MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.