B-151813, JUL. 25, 1963

B-151813: Jul 25, 1963

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THE RECORD SHOWS THAT UPON CHANGE OF YOUR OFFICIAL DUTY STATION YOU WERE AUTHORIZED TO TRAVEL BY PRIVATELY-OWNED AUTOMOBILE BETWEEN OLATHE AND GLYNCO. 5 U.S.C. 73B-1 (B) TO AUTHORIZE THE PAYMENT OF SUCH ACTUAL EXPENSES OF TRANSPORTATION WHERE AN EMPLOYEE IS OTHERWISE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS. THAT ACT WHICH IS PROSPECTIVE AND NOT RETROACTIVE IN EFFECT HAS NO APPLICATION HERE SINCE THE APPROVAL OF YOUR ORDERS AND THE COMPLETION OF YOUR TRAVEL WERE MADE PRIOR TO ITS DATE OF ENACTMENT. UPON THE PRESENT RECORD WE MUST ASSUME THAT THE TRAILER WAS TRANSPORTED FOR USE AS A RESIDENCE. UNDER THE LAW IN EFFECT AT THE TIME YOUR TRAILER WAS MOVED YOU WERE ONLY ENTITLED TO BE REIMBURSED AT THE RATE OF 20 CENTS PER MILE.

B-151813, JUL. 25, 1963

TO MRS. LEA MCBRIEN:

YOUR LETTER OF JUNE 3, 1963, REQUESTS REVIEW OF OUR SETTLEMENT OF MARCH 6, 1963, WHICH DISALLOWED YOUR CLAIM FOR AN ADDITIONAL ALLOWANCE FOR THE TRANSPORTATION OF YOUR HOUSE TRAILER UPON YOUR TRANSFER FROM YOUR FORMER OFFICIAL DUTY STATION AT OLATHE, KANSAS, TO GLYNCO, GEORGIA, AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY.

THE RECORD SHOWS THAT UPON CHANGE OF YOUR OFFICIAL DUTY STATION YOU WERE AUTHORIZED TO TRAVEL BY PRIVATELY-OWNED AUTOMOBILE BETWEEN OLATHE AND GLYNCO, AND TO SHIP YOUR HOUSEHOLD GOODS BETWEEN THESE LOCATIONS AT GOVERNMENT EXPENSE.

YOU NOW CLAIM THE ACTUAL EXPENSES FOR THE TRANSPORTATION OF YOUR HOUSE TRAILER UNDER THE PROVISIONS OF THE ACT OF OCTOBER 9, 1962, 76 STAT. 777, WHICH FURTHER AMENDED THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-1 (B) TO AUTHORIZE THE PAYMENT OF SUCH ACTUAL EXPENSES OF TRANSPORTATION WHERE AN EMPLOYEE IS OTHERWISE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS. HOWEVER, THAT ACT WHICH IS PROSPECTIVE AND NOT RETROACTIVE IN EFFECT HAS NO APPLICATION HERE SINCE THE APPROVAL OF YOUR ORDERS AND THE COMPLETION OF YOUR TRAVEL WERE MADE PRIOR TO ITS DATE OF ENACTMENT.

UPON THE PRESENT RECORD WE MUST ASSUME THAT THE TRAILER WAS TRANSPORTED FOR USE AS A RESIDENCE. THEREFORE, UNDER THE LAW IN EFFECT AT THE TIME YOUR TRAILER WAS MOVED YOU WERE ONLY ENTITLED TO BE REIMBURSED AT THE RATE OF 20 CENTS PER MILE. THE FACT THAT THE ADMINISTRATIVE OFFICE AUTHORIZED TRANSPORTATION OF HOUSEHOLD EFFECTS WITHIN MENTION OF A TRAILER WOULD NOT ENTITLE YOU TO ANY ADDITIONAL AMOUNT. 41 COMP. GEN. 811.

UPON THE BASIS OF THE RATE OF 20 CENTS PER MILE AUTHORIZED FOR THE TRANSPORTATION OF YOUR HOUSE TRAILER FROM OLATHE, KANSAS, TO GLYNCO, GEORGIA, A DISTANCE OF 1,140 MILES, YOU ARE ENTITLED TO A REIMBURSEMENT OF $228 FOR SUCH TRANSPORTATION. IT IS ASSUMED THE DEPARTMENT OF THE NAVY WILL COLLECT ANY AMOUNT IN EXCESS OF THE $228, WHICH YOU MAY HAVE BEEN PAID FOR SUCH TRANSPORTATION.

THE PREVIOUS ACTION IN DISALLOWING YOUR CLAIM FOR ADDITIONAL ALLOWANCE FOR TRANSPORTATION OF YOUR HOUSE TRAILER WAS CORRECT AND IS SUSTAINED. HOWEVER, THE STATEMENT THEREIN THAT YOU HAD PREVIOUSLY BEEN PAID FOR SUCH TRANSPORTATION IN ACCORDANCE WITH THE REGULATIONS WAS INCORRECT.