B-135696, MAY 20, 1958

B-135696, MAY 20, 1958

TO MR. HARRY NUNN, AUTHORIZED CERTIFYING OFFICER, CIVIL AERONAUTICS ADMINISTRATION:

ON MARCH 31, 1958, THE BUDGET AND FINANCE OFFICE, CIVIL AERONAUTICS ADMINISTRATION, TRANSMITTED TO US YOUR LETTER OF FEBRUARY 28, 1958, REQUESTING OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE RECLAIM VOUCHER THEREWITH SUBMITTED FOR $725.74, IN FAVOR OF MARION R. NEARY, SUPERVISORY ELECTRONIC SPECIALIST. THE AMOUNT OF THE VOUCHER REPRESENTS THE COMMUTED RATE--- $11.08 PER HUNDRED WEIGHT--- FOR HAULING 6,150 POUNDS OF HIS HOUSEHOLD EFFECTS 1200 MILES IN HIS PRIVATELY OWNED PICKUP TRUCK AND LUGGAGE TRAILER COMBINATION DRIVEN BY A HIRED DRIVER, PLUS THE TRANSPORTING OF CERTAIN DELICATE HOUSEHOLD EFFECTS WEIGHING 400 POUNDS IN HIS PRIVATELY OWNED AUTOMOBILE, A TOTAL OF 6,550 POUNDS, UPON AN OFFICIAL CHANGE OF STATION.

THE RECORD SHOWS THAT BY TRAVEL AUTHORIZATION NO. 457-6387, DATED MARCH 4, 1957, MR. NEARY'S OFFICIAL DUTY STATION WAS CHANGED FROM LARAMIE, WYOMING, TO SAN JOSE, CALIFORNIA. THE ORDERS AUTHORIZED SHIPMENT OF HOUSEHOLD EFFECTS IN ACCORDANCE WITH EXECUTIVE ORDER NO. 9805, AS AMENDED. MR. NEARY TRANSPORTED HIS HOUSEHOLD EFFECTS WEIGHING 6,150 POUNDS IN HIS PICKUP TRUCK AND LUGGAGE TRAILER ON MARCH 28, 1957. ON THE SAME DAY MR. NEARY IN ONE OF HIS PRIVATELY-OWNED AUTOMOBILES ACCOMPANIED BY HIS WIFE LEFT LARAMIE FOR SAN JOSE FOR WHICH HE HAS BEEN PAID MILEAGE AND PER DIEM AS AUTHORIZED. AFTER COMPLETING THE TRAVEL AND PERFORMING DUTY AT SAN JOSE HE RETURNED TO LARAMIE, WYOMING, BY AIR APRIL 12, 1957, ON ANNUAL LEAVE. ON APRIL 13 HE LEFT LARAMIE IN ANOTHER OF HIS AUTOMOBILES AND TRANSPORTED THE 400 POUNDS OF DELICATE HOUSEHOLD EFFECTS. THE VOUCHER HERE INVOLVED CONCERNS ONLY THE COMMUTED RATE FOR HOUSEHOLD EFFECTS TRANSPORTED ON THE TWO SPECIFIC DATES SET OUT ABOVE FOR WHICH HE HAS FURNISHED WEIGHT CERTIFICATES ISSUED BY SWENSON LUMBER COMPANY, LARAMIE, WYOMING, OWNERS OF A PUBLIC SCALE, SHOWING THE FOREGOING WEIGHTS TOTALING 6,550 POUNDS. IN ADDITION A STATEMENT DATED APRIL 1, 1957, SIGNED BY ORVAL D. JOHNSON, WITNESSED BY I. R. SCOTT, ACKNOWLEDGING THAT FOR $1 AND OTHER VALUABLE CONSIDERATIONS MR. JOHNSON WAS HIRED TO DRIVE THE PICKUP TRUCK AND TRAILER COMBINATION FOR THE PURPOSE OF TRANSPORTING MR. NEARY'S HOUSEHOLD EFFECTS FROM LARAMIE, WYOMING, TO SAN JOSE, CALIFORNIA.

SECTION 12 OF THE FOREGOING EXECUTIVE ORDER, AS AMENDED BY EXECUTIVE ORDER NO. 10507, DATED DECEMBER 10, 1953, PROVIDES, IN EFFECT, FOR REIMBURSEMENT ON A COMMUTED BASIS IN LIEU OF ACTUAL EXPENSES OF TRANSPORTATION, PACKING, CRATING, DRAYAGE, AND UNPACKING OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IN THE CASE OF TRANSFERS BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES FOR SUCH GOODS AND EFFECTS ACTUALLY TRANSPORTED.

SECTION 14 OF THE SAME EXECUTIVE ORDER, AS AMENDED BY EXECUTIVE ORDER NO. 10196, DATED DECEMBER 20, 1950, PROVIDES, IN EFFECT, THAT IF NO BILL OF LADING IS AVAILABLE OTHER EVIDENCE SHOWING THE POINT OF ORIGIN, DESTINATION, AND WEIGHT SHALL BE FURNISHED.

SINCE THE CLAIMANT UPON HIS OFFICIAL CHANGE OF DUTY STATION HIRED A DRIVER AT SOME COST AND TRANSPORTED HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS WITH HIS PICKUP TRUCK AND LUGGAGE TRAILER COMBINATION, AND HAS FURNISHED EVIDENCE OF THE POINT OF ORIGIN AND DESTINATION AND A WEIGHT CERTIFICATE SHOWING THE WEIGHT THEREOF, HE IS ENTITLED UNDER SECTION 12 TO REIMBURSEMENT ON A COMMUTED BASIS FOR THE ACTUAL TRANSPORTATION OF 6,150 POUNDS ON MARCH 28, 1957, THE DATE HE CHANGED HIS DUTY STATION. ADDITIONALLY, WE BELIEVE IT IS APPROPRIATE THAT THE 400 POUNDS OF EFFECTS TRANSPORTED ON APRIL 13 BE INCLUDED IN THE WEIGHT FOR WHICH THE COMMUTED RATE IS AUTHORIZED.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.