B-135091, MAR. 4, 1958

B-135091: Mar 4, 1958

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TRAVEL ORDER NO. 1442 WAS ISSUED TO THE CLAIMANT FOR PERMANENT CHANGE OF STATION. IT IS DISCLOSED. SUBSEQUENT REIMBURSEMENT WAS MADE AT THE COMMUTED RATE FOR 2. AN EMPLOYEE WITHOUT AN IMMEDIATE FAMILY IS SUBJECT TO A LIMITATION OF 2. MASON'S DAUGHTER-IN-LAW NOR HER CHILDREN ARE EMBRACED WITHIN THE TERM . IT APPEARS THAT HE WAS PROPERLY RESTRICTED TO THE MAXIMUM WEIGHT ALLOWABLE TO AN EMPLOYEE WHO HAS NO IMMEDIATE FAMILY. THEIR TRANSPORTATION EXPENSES ACTUAL OR CONSTRUCTIVE ARE NOT FOR CONSIDERATION.

B-135091, MAR. 4, 1958

TO MR. R. R. SPEARS, DISBURSING OFFICER, CORPS OF ENGINEERS:

YOUR LETTER OF DECEMBER 31, 1957, REFERENCE SALVF/SEC, REQUESTS OUR DECISION AS TO WHETHER YOU MAY MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN THE AMOUNT OF $206.25. THE VOUCHER REPRESENTS A CLAIM BY MR. NACE E. MASON, AN EMPLOYEE OF THE CORPS OF ENGINEERS, FOR ADDITIONAL REIMBURSEMENT ON ACCOUNT OF TRANSPORTATION EXPENSES AND SHIPMENT OF HIS HOUSEHOLD EFFECTS FROM BUTAW, ALABAMA, TO MOBILE, ALABAMA, INCIDENT TO A PERMANENT CHANGE OF STATION.

THE RECORD DISCLOSES THAT ON AUGUST 26, 1957, TRAVEL ORDER NO. 1442 WAS ISSUED TO THE CLAIMANT FOR PERMANENT CHANGE OF STATION. THE ORDER STATED THE EMPLOYEE HAD DEPENDENTS AND AUTHORIZED MOVEMENT OF THE DEPENDENTS, AND THE MOVEMENT OF HOUSEHOLD EFFECTS NOT IN EXCESS OF 7,000 LBS. UNCRATED, OR 8,750 LBS. CRATED. AT THE TIME OF ISSUANCE OF THE TRAVEL ORDER, IT IS DISCLOSED, THAT THE EMPLOYEE'S HOUSEHOLD CONSISTED OF HIMSELF, HIS DEPENDENT DAUGHTER-IN-LAW, AND HER THREE CHILDREN. ON AUGUST 29, 1957, THE EMPLOYEE SHIPPED HOUSEHOLD GOODS WEIGHING 7,280 POUNDS. SUBSEQUENT REIMBURSEMENT WAS MADE AT THE COMMUTED RATE FOR 2,500 POUNDS.

EXECUTIVE ORDER NO. 9805, NOVEMBER 25, 1946, AS AMENDED, PROVIDES IN SUBSTANCE THAT AN EMPLOYEE HAVING AN IMMEDIATE FAMILY MAY BE ADMINISTRATIVELY AUTHORIZED TO TRANSPORT HOUSEHOLD GOODS AND PERSONAL EFFECTS NOT IN EXCESS OF 7,000 POUNDS UNCRATED. AN EMPLOYEE WITHOUT AN IMMEDIATE FAMILY IS SUBJECT TO A LIMITATION OF 2,500 POUNDS FOR AN UNCRATED SHIPMENT. TRANSPORTATION EXPENSES OF THE "IMMEDIATE FAMILY" MAY BE AUTHORIZED. SECTION 2 (D) OF THAT ORDER DEFINES AN IMMEDIATE FAMILY AS FOLLOWS:

" "IMMEDIATE FAMILY" MEANS ANY OF THE FOLLOWING-NAMED MEMBERS OF THE EMPLOYEE'S HOUSEHOLD: SPOUSE, CHILDREN (INCLUDING STEPCHILDREN AND ADOPTED CHILDREN) UNMARRIED AND UNDER TWENTY-ONE YEARS OF AGE OR PHYSICALLY OR MENTALLY INCAPABLE OF SUPPORTING THEMSELVES REGARDLESS OF AGE, OR DEPENDENT PARENTS OF THE EMPLOYEE (BUT NOT OF THE SPOUSE).'

SINCE NEITHER MR. MASON'S DAUGHTER-IN-LAW NOR HER CHILDREN ARE EMBRACED WITHIN THE TERM ,IMMEDIATE FAMILY" AS DEFINED IN THE SAID ORDER, IT APPEARS THAT HE WAS PROPERLY RESTRICTED TO THE MAXIMUM WEIGHT ALLOWABLE TO AN EMPLOYEE WHO HAS NO IMMEDIATE FAMILY. ADDITIONALLY, THEIR TRANSPORTATION EXPENSES ACTUAL OR CONSTRUCTIVE ARE NOT FOR CONSIDERATION.