B-148479, APR. 27, 1962

B-148479: Apr 27, 1962

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YOU SAY THERE IS NO DOUBT CONCERNING ENTITLEMENT FOR MILEAGE AND PER DIEM. FOR THE TRAVEL OF THE EMPLOYEE AND HIS IMMEDIATE FAMILY WHICH IS SHOWN AS $167. THAT YOU DO HAVE DOUBT CONCERNING THE AMOUNT DUE THE EMPLOYEE FOR MOVEMENT OF HIS HOUSEHOLD GOODS. ARE THAT MR. HE WAS EMPLOYED BY THE FEDERAL AVIATION AGENCY AT PHOENIX ON APRIL 4. WHICH WAS LESS THAT TWO YEARS AFTER HIS RETIREMENT. EVANS WAS TRANSFERRED FROM PHOENIX TO KANSAS CITY. THE TRAILER RENTAL WAS $45. 190 POUNDS OF FURNITURE WAS MOVED BY COMMERCIAL VAN FROM SANTA ANA. BY USE OF A COMMERCIAL BILL OF LADING CONTAINING A NOTATION THAT $272.36 WAS TO BE BILLED ON GOVERNMENT BILL OF LADING A 2489981. THE TOTAL CHARGES WERE $818.04.

B-148479, APR. 27, 1962

TO THE OFFICE OF MANAGEMENT SERVICES, FEDERAL AVIATION AGENCY:

ON MARCH 19, 1962, THE CHIEF, CENTRAL OFFICE ACCOUNTING BRANCH, ACCOUNTING DIVISION, FORWARDED HERE YOUR LETTER OF NOVEMBER 30, 1961, REQUESTING OUR DECISION UPON THE PROPRIETY OF CERTIFYING FOR PAYMENT THE TRANSMITTED VOUCHER IN FAVOR OF MR. IVAN F. EVANS FOR $1,066.50. THE VOUCHER COVERS TRANSPORTATION OF HIS HOUSEHOLD GOODS AND TRAVEL EXPENSES OF HIMSELF AND FAMILY FROM PHOENIX, ARIZONA, TO OLATHE, KANSAS, INCIDENT TO HIS PERMANENT TRANSFER OF DUTY STATION, AS A CIVILIAN EMPLOYEE OF THE FEDERAL AVIATION AGENCY.

YOU SAY THERE IS NO DOUBT CONCERNING ENTITLEMENT FOR MILEAGE AND PER DIEM, AS CLAIMED ON THE VOUCHER, FOR THE TRAVEL OF THE EMPLOYEE AND HIS IMMEDIATE FAMILY WHICH IS SHOWN AS $167, BUT THAT YOU DO HAVE DOUBT CONCERNING THE AMOUNT DUE THE EMPLOYEE FOR MOVEMENT OF HIS HOUSEHOLD GOODS. THE FACTS AS STATED IN YOUR LETTER AND RELATED PAPERS, ARE THAT MR. EVANS RETIRED FROM MILITARY SERVICE ON MARCH 13, 1960, AFTER SERVING 20 YEARS-- HE HAVING BEEN LAST STATIONED AT SAN DIEGO, CALIFORNIA, AND HAVING DESIGNATED PHOENIX AS HIS HOME OF RECORD. HE WAS EMPLOYED BY THE FEDERAL AVIATION AGENCY AT PHOENIX ON APRIL 4, 1960, WHICH WAS LESS THAT TWO YEARS AFTER HIS RETIREMENT.

MR. EVANS WAS TRANSFERRED FROM PHOENIX TO KANSAS CITY, KANSAS, BY TRAVEL AUTHORIZATION DATED NOVEMBER 18, 1960. HE TRAVELED WITH HIS FAMILY NOVEMBER 26-29, 1960, FROM PHOENIX TO OLATHE IN A PRIVATELY OWNED AUTOMOBILE HAULING 1600 POUNDS OF HOUSEHOLD GOODS IN A RENTED TRAILER. THE TRAILER RENTAL WAS $45. ANOTHER SHIPMENT OF 6,190 POUNDS OF FURNITURE WAS MOVED BY COMMERCIAL VAN FROM SANTA ANA, CALIFORNIA (HIS LAST MILITARY DUTY STATION) TO OLATHE, VIA PHOENIX, ARIZONA, BY USE OF A COMMERCIAL BILL OF LADING CONTAINING A NOTATION THAT $272.36 WAS TO BE BILLED ON GOVERNMENT BILL OF LADING A 2489981. THE TOTAL CHARGES WERE $818.04. THAT AMOUNT $272.36, REPRESENTING COST OF SHIPMENT FROM SANTA ANA TO PHOENIX WAS BILLED TO THE MILITARY ON GOVERNMENT BILL OF LADING A 2489981 IN ACCORDANCE WITH THE TERMS OF THE COMMERCIAL AND GOVERNMENT BILLS OF LADING. MR. EVANS PAID THE BALANCE OF $545.68 FOR THE MOVEMENT OF THE EFFECTS FROM PHOENIX TO OLATHE UNDER THE COMMERCIAL BILL OF LADING.

CONCERNING MR. EVANS' TRANSPORTATION OF HOUSEHOLD GOODS FROM HIS LAST MILITARY DUTY STATION TO PHOENIX, HIS HOME OF RECORD, THE JOINT TRAVEL REGULATIONS AUTHORIZE THE TRANSPORTATION OF THE HOUSEHOLD GOODS OF MILITARY PERSONNEL AT GOVERNMENT EXPENSE WITH THE WEIGHT LIMITATION FROM THEIR LAST DUTY STATION TO THEIR HOME OF RECORD UPON RETIREMENT FROM THE SERVICE UNDER HONORABLE CONDITIONS PROVIDED THE SHIPMENT IS MADE WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY.

THE TRAVEL ORDER DATED NOVEMBER 18, 1960, AUTHORIZED TRANSPORTATION OF HOUSEHOLD EFFECTS UNDER EXECUTIVE ORDER NO. 9805, AS AMENDED. THAT ORDER PROVIDES THAT UPON A TRANSFER OF DUTY STATION WITHIN THE CONTINENTAL UNITED STATES THE EMPLOYEE, UPON PAYING THE CARRIER, IS TO BE REIMBURSED IN ACCORDANCE WITH THE APPLICABLE RATE SPECIFIED IN THE REGULATIONS. THE NET WEIGHT ALLOWABLE UNDER THE EXECUTIVE ORDER IS 7,000 POUNDS.

ALTHOUGH MR. EVANS EXERCISED HIS RIGHT TO PAYMENT UNDER HIS MILITARY ORDERS FOR THE SHIPMENT TO PHOENIX, THIS IN NOWISE RESTRICTS THE AMOUNT OTHERWISE DUE UNDER HIS CIVILIAN TRANSFER ORDERS IN THIS CASE. HE HAD SHIPPED 1,600 POUNDS OF EFFECTS TO OLATHE, KANSAS, UNDER HIS CIVILIAN ORDERS PRIOR TO SHIPMENT OF THE 6,190 POUNDS OF EFFECTS FROM CALIFORNIA. THUS, AT THE TIME OF THE SECOND SHIPMENT 5,400 POUNDS REMAINED UNUSED UNDER THE CIVILIAN ORDERS. HE ACTUALLY SHIPPED THE ADDITIONAL 6,190 POUNDS TO OLATHE VIA PHOENIX. THEREFORE, HE IS ENTITLED TO PAYMENT AT THE APPROPRIATE COMMUTED RATE FOR A SHIPMENT IN ONE LOT OF 7,000 POUNDS OF EFFECTS FROM PHOENIX TO OLATHE.

THEREFORE, THE VOUCHER, WHICH IS RETURNED, MAY BE CERTIFIED FOR PAYMENT TO ACCORD WITH THE FOREGOING HOLDING.