B-135775, MAY 20, 1958

B-135775: May 20, 1958

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ARE WHETHER THE EMPLOYEE. NO QUESTION IS PRESENTED BY YOU CONCERNING THE MILEAGE ($20) HE CLAIMS FOR TRANSPORTATION OF HIMSELF AND HIS IMMEDIATE FAMILY FROM ST. THE RECORD SHOULD SHOW THE VEHICLE ON WHICH MILEAGE IS CLAIMED. AS TO THE HOUSEHOLD GOODS WHICH WERE TRANSPORTED IN A RENTED TRUCK DRIVEN BY MR. HIS PRIOR CLAIM OF THE COMMUTED SUM ($343.04) WAS DISALLOWED ADMINISTRATIVELY UPON THE BASIS OF OUR DECISION OF SEPTEMBER 24. THE CONTROLLING FACTORS FOR CONSIDERATION HERE ARE THAT MR. THAT HIS RENTAL OF THE CONVEYANCE (TRUCK) RESULTED IN "ACTUAL EXPENSES" SUCH AS ARE PROPERLY FOR "REIMBURSEMENT * * * ON A COMMUTED BASIS. THAT THE TRANSPORTATION OF HIS GOODS WAS ACCOMPLISHED WITHIN THE TIME LIMIT (2 YEARS) SPECIFIED IN THE REGULATIONS THEREUNDER.

B-135775, MAY 20, 1958

TO MR. F. L. STIMPSON, AUTHORIZED CERTIFYING OFFICER, U.S. DEPARTMENT OF AGRICULTURE:

IN YOUR LETTER OF APRIL 7, 1958, THE PRINCIPAL QUESTIONS PRESENTED FOR OUR DECISION CONCERNING THE ENCLOSED VOUCHER, UNDER THE FACTS AND CIRCUMSTANCES OUTLINED BELOW, ARE WHETHER THE EMPLOYEE, GEORGE L. MASTERS, MAY BE ALLOWED (1) THE COMMUTED RATE CLAIMED FOR MOVING HIS HOUSEHOLD EFFECTS AND (2) ONE-FOURTH DAY'S PER DIEM IN LIEU OF SUBSISTENCE, INCIDENT TO THE CHANGE OF HIS OFFICIAL STATION FROM ST. JOSEPH, MISSOURI, TO SIOUX CITY, IOWA, UNDER AUTHORIZATION NO. 93-324, DATED NOVEMBER 6, 1957.

IN ACCORDANCE WITH THE AUTHORIZATION, MR. MASTERS ACCOMPLISHED THE CHANGE OF STATION ON NOVEMBER 28, 1957. NO QUESTION IS PRESENTED BY YOU CONCERNING THE MILEAGE ($20) HE CLAIMS FOR TRANSPORTATION OF HIMSELF AND HIS IMMEDIATE FAMILY FROM ST. JOSEPH TO SIOUX CITY. HOWEVER, THE RECORD SHOULD SHOW THE VEHICLE ON WHICH MILEAGE IS CLAIMED.

AS TO THE HOUSEHOLD GOODS WHICH WERE TRANSPORTED IN A RENTED TRUCK DRIVEN BY MR. MASTERS, HIS PRIOR CLAIM OF THE COMMUTED SUM ($343.04) WAS DISALLOWED ADMINISTRATIVELY UPON THE BASIS OF OUR DECISION OF SEPTEMBER 24, 1952, B-111581, 32 COMP. GEN. 138. ALSO, IN YOUR LETTER YOU REFER TO OUR LATER DECISION DECEMBER 16, 1952, B-112173, 32 COMP. GEN. 286, WHICH CONCERNED HOUSEHOLD GOODS MOVED BY A RENTED TRUCK DRIVEN BY A HIRED DRIVER. THE LAST PARAGRAPH OF THE DECISION B 112173, QUOTED IN YOUR LETTER, IN EFFECT OVERRULED OUR EARLIER DECISIONS B-108627, APRIL 30, 1952, AND B-111581, SEPTEMBER 24, 1952, 32 COMP. GEN. 138. MOREOVER, THE AMENDATORY LANGUAGE OF EXECUTIVE ORDER NO. 10196, EFFECTIVE SEPTEMBER 23, 1950, DISPENSED WITH THE PRIOR REQUIREMENT THAT HOUSEHOLD GOODS AND PERSONAL EFFECTS BE "SHIPPED BY CARRIER FOR THE EMPLOYEE.' HENCE, THE CONTROLLING FACTORS FOR CONSIDERATION HERE ARE THAT MR. MASTERS HAS FURNISHED AN ACCEPTABLE CERTIFICATE OF THE WEIGHT (6400 POUNDS) OF HIS HOUSEHOLD GOODS "ACTUALLY TRANSPORTED"--- AS PROVIDED IN EXECUTIVE ORDER NO. 10196--- BETWEEN THE AUTHORIZED POINTS; THAT SUCH GOODS DID NOT EXCEED HIS AUTHORIZED WEIGHT LIMIT OF 7,000 POUNDS; THAT HIS RENTAL OF THE CONVEYANCE (TRUCK) RESULTED IN "ACTUAL EXPENSES" SUCH AS ARE PROPERLY FOR "REIMBURSEMENT * * * ON A COMMUTED BASIS," WITHIN PURVIEW OF SECTION 1 (B) OF THE ACT OF AUGUST 2, 1946, 60 STAT. 806, 5 U.S.C. 73B 1; THAT THE TRANSPORTATION OF HIS GOODS WAS ACCOMPLISHED WITHIN THE TIME LIMIT (2 YEARS) SPECIFIED IN THE REGULATIONS THEREUNDER; AND THAT NO PROHIBITED ITEMS OF PROPERTY WERE INCLUDED IN THE CERTIFIED WEIGHT INVOLVED. THE SITUATION HERE OF THE TRANSPORTATION OF MR. MASTERS' HOUSEHOLD GOODS IS ANALOGOUS TO THE FACTS IN OUR DECISIONS, 34 COMP. GEN. 29, 32 ID. 541, AND 321. COMPARE B-116216, AUGUST 27, 1953.

REGARDING MR. MASTERS' CLAIM OF ONE-FOURTH DAY'S PER DIEM, SECTION 6.11-- - SUPERSEDING PARAGRAPH 51--- OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, EFFECTIVE AUGUST 1, 1956, COVERING TRAVEL PERIODS OF LESS THAN 24 HOURS, PROVIDES THAT FOR EACH 6-HOUR PORTION OF THE PERIOD OR FRACTION THEREOF ONE-FOURTH OF THE AUTHORIZED RATE FOR A CALENDAR DAY WILL BE ALLOWED. THE PROVISO THEREUNDER CONCERNING "DEPARTURE" AND "RETURN" THE SAME DAY BETWEEN THE HOURS OF 8 A.M. AND 6 P.M. (OR ANY ABSENCE NOT EXCEEDING 3 HOURS) CONCERNS TRAVEL FROM AND TO THE SAME STATION, AND DOES NOT APPLY TO AUTHORIZED TRAVEL REQUIRED INCIDENT, TO A CHANGE OF STATION. WHILE THE PER DIEM CLAIMED BY MR. MASTERS IS INCIDENT TO TRAVEL FROM 8 A.M. TO 1:20 P.M. THE SAME DAY (LESS THAN 6 HOURS), THAT TRAVEL PERIOD WAS INCIDENT TO HIS AUTHORIZED CHANGE OF STATION; HENCE, HE IS ENTITLED TO THE PER DIEM CLAIMED. THE DECISIONS A-43833 AND B-51934, TO WHICH YOU REFER, ESTABLISHED THE RULE SET FORTH IN THE NEXT TO LAST PARAGRAPH OF OUR PUBLISHED DECISION, 31 COMP. GEN. 590, THE SYLLABUS WHICH IS QUOTED IN YOUR LETTER.

THEREFORE, REGARDING THE ALTERNATIVE ALLOWANCES SUGGESTED IN THE LAST PARAGRAPH OF YOUR LETTER, ITEM "/A)" IS PROPER. THE "COMMUTED RATE AND CLAIM FOR SUBSISTENCE," PLUS THE MILEAGE CLAIMED, TOTAL $365.79, WHICH, MINUS $280 TRAVEL ADVANCE, LEAVES $85.79 DUE MR. MASTERS.

THE VOUCHER IS RETURNED HEREWITH AND, IF OTHERWISE CORRECT, IT MAY BE CERTIFIED FOR PAYMENT IN ACCORDANCE WITH THE FOREGOING.