B-150279, NOV. 27, 1962

B-150279: Nov 27, 1962

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THE FACTS OF RECORD ARE AS FOLLOWS. SHEAKS WAS APPOINTED AT WASHINGTON. HE WAS TRANSFERRED FROM WASHINGTON TO LOS ANGELES. 660 POUNDS OF HOUSEHOLD EFFECTS WERE PUT IN STORAGE IN LOS ANGELES. THE QUESTION PRESENTED FOR DECISION IS WHETHER MR. INASMUCH AS ONE OF THESE SHIPMENTS WAS HOUSEHOLD GOODS HE HAD STORED IN SAN DIEGO PRIOR TO HIS FIRST APPOINTMENT IN WASHINGTON. 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 DESIGNATION IS THE NEW OFFICIAL STATION OR SOME OTHER POINT SELECTED BY HIM.

B-150279, NOV. 27, 1962

TO MR. HAROLD C. POLENZ, AUTHORIZED CERTIFYING OFFICER, UNITED STATES SECRET SERVICE:

THIS REFERS TO YOUR LETTER OF NOVEMBER 9, 1962, WITH ENCLOSURES, FILE REFERENCE 300.0, REQUESTING A DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER TRANSMITTED IN FAVOR OF SPECIAL AGENT GEORGE V. SHEAKS. THIS VOUCHER, IN PART, COVERS REIMBURSEMENT FOR THE SHIPMENT OF A PORTION OF MR. SHEAKS' HOUSEHOLD GOODS FROM SAN DIEGO TO LOS ANGELES, CALIFORNIA.

THE FACTS OF RECORD ARE AS FOLLOWS. MR. SHEAKS WAS APPOINTED AT WASHINGTON, D.C., HIS FIRST OFFICIAL STATION, ON OCTOBER 2, 1961. AT THE TIME OF HIS APPOINTMENT HE HAD HOUSEHOLD EFFECTS WEIGHING 4,360 POUNDS IN STORAGE IN HIS CITY OF RESIDENCE, SAN DIEGO, CALIFORNIA. HE LATER HAD 2,660 POUNDS OF THOSE EFFECTS SHIPPED TO WASHINGTON AT HIS OWN EXPENSE. BEFORE HE COULD MOVE THE REMAINING 1,700 POUNDS TO WASHINGTON, HE WAS TRANSFERRED FROM WASHINGTON TO LOS ANGELES, EFFECTIVE MAY 14, 1962, WITH AUTHORIZATION FOR TRANSPORTATION OF SELF, FAMILY AND HOUSEHOLD GOODS. SHIPPED 2,660 POUNDS OF HOUSEHOLD GOODS FROM WASHINGTON TO LOS ANGELES AND RECEIVED REIMBURSEMENT ON A COMMUTED BASIS IN HIS MAY 1962 TRAVEL VOUCHER. THE 2,660 POUNDS OF HOUSEHOLD EFFECTS WERE PUT IN STORAGE IN LOS ANGELES. IN HIS JULY 1962 TRAVEL VOUCHER, MR. SHEAKS CLAIMS REIMBURSEMENT OF $94.43 FOR STORAGE AND ALSO $106.59 REIMBURSEMENT FOR TRANSPORTING 1,700 POUNDS OF HOUSEHOLD GOODS FROM SAN DIEGO TO LOS ANGELES, CALIFORNIA. THIS SHIPMENT TOOK PLACE ON JULY 25, 1962. THE QUESTION PRESENTED FOR DECISION IS WHETHER MR. SHEAKS MAY BE REIMBURSED FOR THE COST OF TWO SHIPMENTS OF HOUSEHOLD GOODS, NOT TO EXCEED THE COST ON COMMUTED RATE BASIS FROM WASHINGTON, D.C., TO LOS ANGELES, CALIFORNIA, INASMUCH AS ONE OF THESE SHIPMENTS WAS HOUSEHOLD GOODS HE HAD STORED IN SAN DIEGO PRIOR TO HIS FIRST APPOINTMENT IN WASHINGTON.

AT THE TIME OF THESE SHIPMENTS, SECTION 8 OF EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 10196, DECEMBER 20, 1950, 15 FED.REG. 9179 CONTROLLED. SECTION 8 READS IN PERTINENT PART 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 DESIGNATION 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. * * *"

SUBSTANTIALLY THE SAME REGULATION NOW APPEARS AS SECTION 1.9 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56.

THE FACT THAT THE 1,700 POUNDS OF HOUSEHOLD EFFECTS WERE IN STORAGE PRIOR TO HIS REPORTING DATE TO HIS FIRST STATION IN WASHINGTON, D.C., DOES NOT IN ANY WAY PRECLUDE MR. SHEAKS TO HIS RIGHT OF REIMBURSEMENT WHICH AROSE SUBSEQUENT TO HIS FIRST ASSIGNMENT. THE TOTAL WEIGHT OF THE TWO SHIPMENTS, 4,360 POUNDS, IS WITHIN THE WEIGHT LIMITATION APPLICABLE TO MR. SHEAKS. THE EFFECTS WERE NOT MOVED UNTIL AFTER HIS TRANSFER FROM WASHINGTON TO LOS ANGELES AND--- UNDER THE PLAIN LANGUAGE OF THE ABOVE- QUOTED REGULATION--- MR. SHEAKS IS ENTITLED TO REIMBURSEMENT ON A COMMUTED BASIS NOT TO EXCEED THE COST OF SHIPMENT IN ONE LOT BY THE MOST ECONOMICAL ROUTE FROM THE LAST OFFICIAL STATION TO THE NEW. SEE B-121652, NOVEMBER 5, 1954, COPY HEREWITH.

ACCORDINGLY, THE VOUCHER WHICH IS RETURNED HEREWITH IS--- IF OTHERWISE CORRECT--- PROPERLY FOR PAYMENT AND SHOULD BE SO CERTIFIED.