B-153732, APR. 17, 1964

B-153732, APR. 17, 1964

TO THE SECRETARY OF DEFENSE:

WE HAVE RECEIVED FROM MR. JOHN H. GREVE, FISCAL OFFICER, DEFENSE LOGISTICS SERVICES CENTER, BATTLE CREEK, MICHIGAN, A REQUEST DATED MARCH 10, 1964, FOR DECISION ON THE QUESTIONS (1) OF THE AMOUNT OF THE EXPENSES THAT CAN BE INCURRED IN SUCCESSIVE TRANSFERS OF OFFICIAL STATIONS BETWEEN DEPARTMENTS AND AGENCIES FOR THE SHIPMENT OF HOUSEHOLD GOODS FROM THE FIRST TO THE THIRD STATION, AND (2) WHICH DEPARTMENT OR AGENCY SHOULD BE CHARGED THEREWITH.

A VOUCHER INVOLVING THE QUESTIONS DID NOT ACCOMPANY THE REQUEST. WHILE WE HAVE IN CERTAIN CASES RENDERED DECISIONS TO DISBURSING OFFICERS AND CERTIFYING OFFICERS WHO FAIL TO SUBMIT VOUCHERS WITH THEIR REQUESTS FOR DECISION, WE HAVE BEEN UNABLE TO ASCERTAIN WHETHER MR. GREVE IS EITHER A DISBURSING OFFICER OR A CERTIFYING OFFICER. IN VIEW THEREOF WE ARE RENDERING OUR DECISION IN THIS MATTER TO YOU.

THE RECORD SHOWS THAT MR. ERWIN J. JANOTA WAS AUTHORIZED AN OFFICIAL CHANGE OF DUTY STATION BY YOUR DEPARTMENT FROM FORT WORTH, TEXAS, TO BATTLE CREEK, MICHIGAN. THE ORDERS AUTHORIZED MOVEMENT OF 7,000 POUNDS OF HOUSEHOLD GOODS AND PERSONAL EFFECTS AND STORAGE NOT TO EXCEED 60 DAYS. THE EMPLOYEE ACCOMPLISHED THE OFFICIAL CHANGE OF STATION ON SEPTEMBER 1, 1963, BUT DID NOT MOVE HIS GOODS FROM FORT WORTH, TEXAS. ON OCTOBER 8, 1963, LANGLEY RESEARCH CENTER, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, HAMPTON, VIRGINIA, ISSUED AUTHORIZATION TO MR. JANOTA FOR PERMANENT CHANGE OF DUTY STATION FROM BATTLE CREEK, MICHIGAN, TO HAMPTON, VIRGINIA. TRANSPORTATION OF HIS GOODS WAS AUTHORIZED. THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION REIMBURSED MR. JANOTA IN THE AMOUNT OF $810.16, REPRESENTING $613.36 FOR 6,560 POUNDS AT $9.35 CWT., FROM BATTLE CREEK TO HAMPTON, 724 MILES, PLUS STORAGE FOR 60 DAYS, $196.80.

ON OCTOBER 15, 1963, THE GOODS INVOLVED WERE ACTUALLY SHIPPED DIRECT FROM FORT WORTH TO HAMPTON, 1,410 MILES. THE ACTUAL CHARGES AS SHOWN BY THE COPY OF THE BILL OF LADING TOTAL $1,076.24, MADE UP AS FOLLOWS: 6,560 POUNDS AT $11.15 CWT., $731.44; PACKING $148; PLUS $196.80, COVERING STORAGE $65.60, WAREHOUSE $32.80, AND DELIVERY $98.40. WE ASSUME THE STORAGE OCCURRED AT HAMPTON, VIRGINIA.

5 U.S.C. 73B-1 PROVIDES IN PERTINENT PART AS FOLLOWS:

"/A) UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, ANY CIVILIAN OFFICER OR EMPLOYEE OF THE GOVERNMENT WHO, IN THE INTEREST OF THE GOVERNMENT, IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER, INCLUDING TRANSFER FROM ONE DEPARTMENT TO ANOTHER, FOR PERMANENT DUTY, SHALL * * * WHEN AUTHORIZED OR APPROVED * * * BE ALLOWED AND PAID FROM GOVERNMENT FUNDS THE EXPENSES OF TRAVEL OF HIMSELF AND THE EXPENSES OF TRANSPORTATION OF HIS IMMEDIATE FAMILY * * * AND THE EXPENSES OF TRANSPORTATION, PACKING, CRATING, TEMPORARY STORAGE, DRAYAGE, AND UNPACKING OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS (NOT TO EXCEED SEVEN THOUSAND POUNDS NET WEIGHT) * * * PROVIDED FURTHER, THAT IN CASE OF TRANSFER FROM ONE DEPARTMENT TO ANOTHER SUCH EXPENSES SHALL BE PAYABLE FROM THE FUNDS OF THE DEPARTMENT TO WHICH THE OFFICER OR EMPLOYEE IS TRANSFERRED * * *"

IT IS EVIDENT FROM THE LANGUAGE OF THE FOREGOING PROVISION THAT, IN THE CASE OF TRANSFER FROM ONE DEPARTMENT TO ANOTHER, THE EXPENSES THEREOF ARE PAYABLE FROM THE FUNDS OF THE DEPARTMENT TO WHICH THE EMPLOYEE TRANSFERS BUT WE VIEW THAT PROVISION AS APPLICABLE ONLY TO THE EXPENSES OF TRAVEL AND TRANSPORTATION IMMEDIATELY INCIDENT TO THE TRANSFER TO THE NEW STATION --- IN THIS CASE FROM BATTLE CREEK TO HAMPTON.

THE USUAL RULE CONCERNING THE TRANSPORTATION OF HOUSEHOLD GOODS BETWEEN SUCCESSIVE CHANGES OF DUTY STATION IS THAT THE EMPLOYEE IS ENTITLED TO THE AMOUNT DUE FROM THE FIRST TO THE LAST DUTY STATION IF THE SHIPMENT IS MADE WITHIN THE 2-YEAR TIME PERIOD LIMITATION. 27 COMP. GEN. 267, 513. SINCE MR. JANOTA TRANSFERRED FROM FORT WORTH TO BATTLE CREEK INCIDENT TO HIS EMPLOYMENT BY YOUR DEPARTMENT, THE FACT THAT SHIPMENT OF HIS GOODS INCIDENT TO THAT TRANSFER WAS NOT ACCOMPLISHED DURING HIS TENURE AS AN EMPLOYEE OF YOUR DEPARTMENT IS NOT MATERIAL AS LONG AS THE GOODS WERE SHIPPED WITHIN THE ALLOWABLE TIME LIMIT. SEE 29 COMP. GEN. 103.

IN VIEW OF THE FOREGOING, PAYMENT SHOULD BE MADE TO MR. JANOTA FROM THE FUNDS OF YOUR DEPARTMENT OF THE DIFFERENCE BETWEEN THE COMMUTED RATE PAID BY THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AND THE COMMUTED RATE APPLICABLE TO THE SHIPMENT FROM FORT WORTH TO HAMPTON WHICH DIFFERENCE IS STATED TO BE $249.28.