B-140266, SEP. 29, 1967

B-140266: Sep 29, 1967

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THE GENERAL RULE OF CONSTRUCTION OF A REGULATION PROVIDING THAT A PERIOD OF TIME SHALL CONTINUE "FROM" A PARTICULAR DAY IS TO EXCLUDE THE DAY NAMED AND TO INCLUDE THE LAST DAY OF THE PERIOD SPECIFIED. THE ISSUE RAISED BY YOUR CASE IS WHETHER THE TRANSPORTATION AND STORAGE OF YOUR HOUSEHOLD GOODS WAS TIMELY WITHIN THE PURVIEW OF SECTION 1.6 OF BUREAU OF THE BUDGET CIRCULAR NO. UNDER LONG ESTABLISHED RULES THE EFFECTIVE DATE OF A TRANSFER IS THE DATE THE EMPLOYEE ENTERS ON DUTY AT THE NEW OFFICIAL STATION. 29 COMP. WHERE A STATUTE OR REGULATION PROVIDES THAT A PERIOD OF TIME SHALL CONTINUE "FROM" A PARTICULAR DAY THE GENERAL RULE OF CONSTRUCTION IS TO EXCLUDE THE DAY NAMED AND TO INCLUDE THE LAST DAY OF THE PERIOD SPECIFIED.

B-140266, SEP. 29, 1967

TRANSPORTATION - HOUSEHOLD EFFECTS - TIME LIMITATION DECISION TO EMPLOYEE FO DEPT. OF AGRICULTURE CONCERNING CLAIM FOR REIMBURSEMENT FOR STORAGE AND TRANSPORTATION OF HOUSEHOLD GOODS. EMPLOYEE WHO, INCIDENT TO TRANSFER OF OFFICIAL STATION ON SEPTEMBER 7, 1963, DID NOT MOVE EFFECTS FROM FORMER RESIDENCE UNTIL SEPTEMBER 9, 1965, MAY BE REGARDED AS HAVING MOVED EFFECTS WITHIN THE TWO CALENDAR YEAR TIME LIMITATION IN BOB CIRCULAR A-56. THE GENERAL RULE OF CONSTRUCTION OF A REGULATION PROVIDING THAT A PERIOD OF TIME SHALL CONTINUE "FROM" A PARTICULAR DAY IS TO EXCLUDE THE DAY NAMED AND TO INCLUDE THE LAST DAY OF THE PERIOD SPECIFIED.

TO MR. ROBERT E. HEFFERNAN:

YOUR LETTER OF JULY 28, 1967, ADDRESSED TO THE SECRETARY OF AGRICULTURE AND TRANSMITTED HERE BY THE ASSISTANT SECRETARY FOR ADMINISTRATION ON SEPTEMBER 8, 1967, RELATES TO GENERAL ACCOUNTING OFFICE SETTLEMENT OF FEBRUARY 21, 1967, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES FOR STORAGE AND TRANSPORTATION OF YOUR HOUSEHOLD GOODS INCIDENT TO A TRANSFER OF YOUR OFFICIAL STATION FROM WASHINGTON, D.C. TO HYATTSVILLE, MARYLAND IN SEPTEMBER 1963.

THE RECORD REVEALS THAT PURSUANT TO TRAVEL AUTHORIZATION DATED SEPTEMBER 7, 1965, ISSUED INCIDENT TO THE TRANSFER OF YOUR OFFICIAL STATION EFFECTIVE SEPTEMBER 9, 1963, FROM WASHINGTON, D.C. TO HYATTSVILLE, YOU HAD TRANSPORTED ON SEPTEMBER 9, 1965, SOME 2,000 POUNDS OF HOUSEHOLD GOODS AND EFFECTS FROM YOUR FORMER RESIDENCE IN ALEXANDRIA, VIRGINIA TO YOUR APARTMENT IN HYATTSVILLE, MARYLAND OR TO STORAGE WITH MRS. HELEN LAUXMAN, ALSO OF HYATTSVILLE.

A RECEIPT DATED SEPTEMBER 9, 1965, EVIDENCES PAYMENT TO MRS. LAUXMAN OF $22.50 FOR 60 DAYS STORAGE OF AN UNDISCLOSED WEIGHT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS. OTHER DOCUMENTS OF RECORD REFLECT THE TRANSPORTATION OF ADDITIONAL HOUSEHOLD GOODS ON NOVEMBER 9, 1965.

THE ISSUE RAISED BY YOUR CASE IS WHETHER THE TRANSPORTATION AND STORAGE OF YOUR HOUSEHOLD GOODS WAS TIMELY WITHIN THE PURVIEW OF SECTION 1.6 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, APRIL 30, 1962. SO FAR AS HERE PERTINENT THAT SECTION READ:

"ALL TRAVEL AND TRANSPORTATION ALLOWABLE UNDER THESE REGULATIONS SHALL BEGIN WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF THE TRANSFER * * * OF THE EMPLOYEE. * * * ADMINISTRATIVE OFFICERS SHALL ENDEAVOR TO COMPLETE TRAVEL AND TRANSPORTATION AT THE EARLIEST PRACTICABLE DATES.'

UNDER LONG ESTABLISHED RULES THE EFFECTIVE DATE OF A TRANSFER IS THE DATE THE EMPLOYEE ENTERS ON DUTY AT THE NEW OFFICIAL STATION. 29 COMP. GEN. 100, 101; 28 ID. 285, 288; 26 ID. 293, 294. THE RECORD IN YOUR CASE ESTABLISHES THAT YOU ENTERED ON DUTY AT HYATTSVILLE ON SEPTEMBER 9, 1963.

WHERE A STATUTE OR REGULATION PROVIDES THAT A PERIOD OF TIME SHALL CONTINUE "FROM" A PARTICULAR DAY THE GENERAL RULE OF CONSTRUCTION IS TO EXCLUDE THE DAY NAMED AND TO INCLUDE THE LAST DAY OF THE PERIOD SPECIFIED. THUS IN COMPUTING THE 2 CALENDAR YEARS CONTEMPLATED BY CIRCULAR NO. A-56, THE DATE SEPTEMBER 9, 1963, WOULD BE EXCLUDED AND SEPTEMBER 9, 1965, WOULD BE THE LAST DAY ON WHICH TRANSPORTATION OR STORAGE WITHIN THE PURVIEW OF THE REGULATION COULD BEGIN. 86 CJS, TIME, 13 (9) B, PAGE 863; 29 COMP. GEN. 100, ABOVE.

IT APPEARS FROM THE EVIDENCE NOW OF RECORD THAT YOU ARE ENTITLED TO REIMBURSEMENT AT THE APPLICABLE COMMUTED RATE FOR THE TRANSPORTATION OF 2,000 POUNDS OF HOUSEHOLD GOODS ON SEPTEMBER 9, 1965. ALSO, WHILE THE WEIGHT OF GOODS STORED AND THE PERIOD OF STORAGE IS NOT STATED, YOU MAY BE REIMBURSED THE AMOUNT ACTUALLY PAID BY YOU, $22.50, SINCE THAT SUM IS LESS THAN THE APPLICABLE MINIMUM COMMUTED RATE FOR THE STORAGE OF EFFECTS.

THE CLAIMS DIVISION OF THE GENERAL ACCOUNTING OFFICE IS BEING INSTRUCTED TODAY TO EFFECT A SETTLEMENT IN YOUR FAVOR IN CONSONANCE WITH THE FOREGOING.

REGARDING THE TRANSPORTATION OF ADDITIONAL HOUSEHOLD GOODS FROM YOUR FORMER RESIDENCE IN ALEXANDRIA BEGINNING ON NOVEMBER 9, 1965, SUCH TRANSPORTATION MAY NOT BE REGARDED AS BEGINNING WITHIN THE TWO-YEAR PERIOD REQUIRED BY SECTION 1.6 OF THE CIRCULAR AND NEITHER THE DEPARTMENT OF AGRICULTURE NOR OUR OFFICE IS AUTHORIZED TO WAIVE THAT REQUIREMENT.

TO THE EXTENT THAT THE OFFICE SETTLEMENT OF FEBRUARY 21, 1967, DISALLOWED YOUR CLAIM STEMMING FROM THE TRANSPORTATION OF YOUR GOODS BEGINNING AFTER SEPTEMBER 9, 1965, IT IS CORRECT AND IS SUSTAINED.