B-138048, JAN 30, 1959

B-138048, JAN 30, 1959

PRECIS-UNAVAILABLE

MISS CLARA D. NOBLE:

YOUR LETTER OF NOVEMBER 28, 1958, REQUESTS OUR DECISION WHETHER THE ENCLOSED VOUCHER IN FAVOR OF CLAUDE G. CARROLL MAY BE CERTIFIED FOR PAYMENT. THE VOUCHER IS FOR $303.75 AND REPRESENTS THE COST UPON A COMMUTED RATE BASIS OF MOVING 2,500 POUNDS OF MR. CARROLL'S HOUSEHOLD GOODS FROM HIS OLD TO HIS NEW OFFICIAL STATION.

TRAVEL AUTHORIZATION NO. 191 ISSUED ON MAY 20, 1958, AUTHORIZED THE TRANSPORTATION AT GOVERNMENT EXPENSE OF MR. CARROLL'S HOUSEHOLD GOODS AND PERSONAL EFFECTS, INCLUDING PACKING, CRATING, AND UNCRATING WITHIN WEIGHT ALLOWANCE NOT TO EXCEED 2,500 POUNDS, INCIDENT TO THE TRANSFER OF HIS OFFICIAL STATION FROM BATTLE CREEK, MICHIGAN, TO THOMASVILLE, GEORGIA. THE RECORD SHOWS THAT ON AUGUST 15, 1958, HE MOVED 2,290 POUNDS FROM LYNCHBURG, VIRGINIA, TO THOMASVILLE, GEORGIA; THAT ON AUGUST 20, 1958, HE MOVED 775 POUNDS FROM BATTLE CREEK, MICHIGAN, TO THOMASVILLE, GEORGIA; AND THAT ON AUGUST 25, 1958, HE MOVED 340 POUNDS FROM FRONT ROYAL, VIRGINIA, TO THOMASVILLE, GEORGIA. YOUR LETTER DOES NOT SAY WHAT YOUR PROBLEM IS BUT WE HAVE INFORMALLY ASCERTAINED THAT YOUR ONLY DOUBT IN THE MATTER CONCERNS THE MAXIMUM AMOUNT THAT MAY BE ALLOWED FOR THE SHIPMENTS FROM THREE DIFFERENT POINTS TO THE NEW OFFICIAL DUTY STATION.

SECTION 8 OF EXECUTIVE ORDER NO. 9805, AS AMENDED (EXECUTIVE ORDER NO. 10196), ISSUED PURSUANT TO THE ACT OF AUGUT 2, 1946, 60 STAT. 806, AS AMENDED, READS AS FOLLOWS:

"ORIGIN AND DESTINATION OF SHIPMENT. THE EXPENSES OF TRANSPORTATION AUTHORIZED HEREUNDER OR REIMBURSEMENT ON A COMMUTED BASIS WITHIN THE CONTINENTAL UNITED STATES SHALL BE ALLOWABLE WHETHER THE SHIPMENT ORIGINATES AT THE EMPLOYEE'S LAST OFFICIAL STATION OR AT SOME OTHER POINT OR PARTIALLY AT BOTH OR WHETHER THE POINT OF DESTINATION IS THE NEW OFFICIAL STATION OR SOME OTHER POINT SELECTED BY HIM, OR BOTH; PROVIDED, THAT THE COST TO THE GOVERNMENT SHALL NOT EXCEED THE COST OF SHIPMENT IN ONE LOT BY THE MOST ECONOMICAL ROUTE FROM THE LAST OFFICIAL STATION TO THE NEW. NO EXPENSES SHALL BE ALLOWABLE FOR THE TRANSPORTATION OF PROPERTY ACQUIRED EN ROUTE FROM THE LAST OFFICIAL STATION TO THE NEW. FOR THE PURPOSES OF THESE REGULATIONS, THE TERM 'OFFICIAL STATION' SHALL BE CONSTRUED TO INCLUDE ANY POINT FROM WHICH THE EMPLOYEE COMMUTES DAILY TO HIS OFFICIAL POST OF DUTY."

AS STATED ABOVE, THE EMPLOYEE'S TRAVEL AUTHRIZATION PERMITS THE SHIPMENT OF NOT TO EXCEED 2,500 POUNDS OF HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM BATTLE CREEK, MICHIGAN, TO THOMASVILLE, GEORGIA, INCIDENT TO HIS CHNGE OF OFFICIAL STATION TO THOMASVILLE. PRESUMABLY, THIS IS BASED UPON SECTION 16 OF THE EXECUTIVE ORDER NO. 9805 WHICH PROVIDES THAT EMPLOYEES WHO HAVE NO IMMEDIATE FAMILY SHALL BE ENTITLED TO THE TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS NOT IN EXCESS OF 2,500 POUNDS NET. OUR VIEW IS THAT THE EXECUTIVE ORDER LIMITS THE SHIPMENT TO 2,500 POUNDS OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IN SUCH CASE REGARDLESS OF THE POINTS OF ORIGIN OR DESTINATION. SECTION 8, ABOVE, SETS THE MAXIMUM ALLOWABLE IN CASE OF MULTIPLE SHIPMENTS. NO EXCEPTION IS CONTAINED THEREIN TO THE AUTHORIZED WEIGHT LIMITATION. WHENEVER THERE ARE TWO OR MORE SHIPMENTS ON THE SAME CHANGE OF STATION ORDERS, WE FEEL THAT, IN THE ABSENCE OF ANY REGULATIONS TO THE CONTRARY, ANY EXCESS WEIGHT SHIPPED SHOULD BE COMPUTED ON THE SHIPMENT WHICH CONTAINED THE EXCESS WEIGHT AS DETERMINED FROM THE DATES THE SHIPMENTS WERE ACTUALLY MADE.

IN THE PRESENT CASE THE EMPLOYEE'S FIRST SHIPMENT OF HOUSEHOLD GOODS CONSISTED OF 2,290 POUNDS FROM LYNCHBURG, VIRGINIA, TO THOMASVILLE, GEORGIA, HIS NEW DUTY STATION. SINCE THE EMPLOYEE WAS AUTHORIZED TO SHIP 2,500 POUNDS TO HIS NEW DUTY STATION, THERE REMAINED ONLY 210 POUNDS FOR MOVEMENT AT GOVERNMENT EXPENSE IN ANY FURTHER SHIPMENTS. THE SECOND SHIPMENT CONSISTED OF 775 POUNDS FROM BATTLE CREEK, MICHIGAN, TO THOMASVILLE, GEORGIA, AND AS STATED ABOVE, ONLY 210 POUNDS OF THIS SHIPMENT COULD BE MADE AT GOVERNMENT EXPENSE. THEREFORE, IF OTHERWISE PROPER, THE EMPLOYEE IS ENTITLED TO THE COST OF MOVING 2,290 POUNDS OF HIS HOUSEHOLD GOODS FROM LYNCHBURG, VIRGINIA, TO THOMASVILLE, GEORGIA, AND 210 POUNDS FROM BATTLE CREEK, MICHIGAN, TO THOMASVILLE, GEORGIA, COMPUTED UPON A COMMUTED RATE BASIS.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT AS IT IS PRESENTLY COMPUTED.