B-154774, AUG. 12, 1964

B-154774, AUG. 12, 1964

TO MAJOR ERNEST H. DUNAHOO, USAF (RET.):

YOUR LETTER OF JULY 9, 1964, REQUESTS REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT OF MAY 13, 1964, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL AND TRANSPORTATION EXPENSES INCURRED INCIDENT TO THE TRANSFER OF YOUR OFFICIAL STATION FROM RAPID CITY, SOUTH DAKOTA, TO SNYDER, OKLAHOMA, AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.

THE RECORD SHOWS THAT UPON YOUR DISCHARGE FROM THE MILITARY SERVICE IN MINOT, NORTH DAKOTA, ON AUGUST 31, 1963, FOR RETIREMENT UNDER 10 U.S.C. 8911, YOU, AT YOUR OWN EXPENSE, TRAVELED AND TRANSPORTED YOUR DEPENDENTS AND 2,350 POUNDS OF YOUR HOUSEHOLD GOODS TO RAPID CITY, SOUTH DAKOTA, WHERE YOU ACCEPTED EMPLOYMENT AS A CIVILIAN EMPLOYEE OF THE AIR FORCE ON OR ABOUT SEPTEMBER 10, 1963. INCIDENT TO YOUR LATER TRANSFER TO ALTUS AIR FORCE BASE, OKLAHOMA, YOU TRAVELED AND TRANSPORTED YOUR DEPENDENTS AND THE 2,350 POUNDS OF HOUSEHOLD GOODS TO SNYDER, OKLAHOMA, ON NOVEMBER 27, 1963, BY MEANS OF TWO PRIVATELY OWNED AUTOMOBILES AND A PRIVATELY-OWNED TRAILER. ALSO, AT THE TIME OF YOUR TRANSFER TO ALTUS AIR FORCE BASE YOU SELECTED SNYDER, OKLAHOMA, AS YOUR HOME FOR THE PURPOSE OF OBTAINING THE TRANSPORTATION ALLOWANCES TO WHICH YOU WERE ENTITLED INCIDENT TO YOUR DISCHARGE FROM THE MILITARY SERVICE. THIS WAS IN ACCORDANCE WITH THE JOINT TRAVEL REGULATIONS WHICH PERMITTED YOU ONE YEAR IN WHICH TO SELECT A HOME FOR PURPOSES OF AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES. UNDER YOUR MILITARY ORDERS YOU SHIPPED THE REMAINING 6,750 POUNDS OF YOUR HOUSEHOLD GOODS FROM MINOT TO SNYDER AND YOU WERE PAID MILEAGE FOR THE CONSTRUCTIVE TRANSPORTATION OF YOU AND YOUR DEPENDENTS BETWEEN THOSE POINTS.

WE HAVE RULED THAT WHEN, UNDER AUTHORITY OF TWO STATUTES, ESSENTIALLY THE SAME TRANSPORTATION IS FURNISHED AN EMPLOYEE TO THE SAME POINT AT THE SAME TIME, HE CANNOT RECOVER UNDER BOTH. SEE OUR DECISIONS OF APRIL 30, 1963, AND AUGUST 8, 1963, B-150723, COPIES OF WHICH ARE ENCLOSED. THE RATIONALE OF THOSE DECISIONS IS THAT EACH OF THE STATUTES--- THAT PERTAINING TO THE MILITARY AS WELL AS THAT PERTAINING TO THE CIVILIAN--- IS DESIGNED TO MAKE WHOLE, TO THE EXTENT PROVIDED BY LAW, TO THE MEMBER OF EMPLOYEE THE COSTS INCURRED BY HIM IN MAKING THE AUTHORIZED MOVEMENT.

YOU HAVE BEEN REIMBURSED MILEAGE FOR THE CONSTRUCTIVE TRANSPORTATION OF YOU AND YOUR DEPENDENTS TO SNYDER, OKLAHOMA, FROM MINOT, NORTH DAKOTA, A DISTANCE OF 1,113 MILES AS COMPARED TO THE DISTANCE FROM RAPID CITY OF 845 MILES. ALSO, YOU HAVE BEEN ALLOWED TRANSPORTATION FOR THE 6,750 POUNDS OF HOUSEHOLD GOODS STORED AT MINOT. THUS, WHILE YOU ARE NOT ENTITLED TO ADDITIONAL ALLOWANCE FOR YOUR TRAVEL OR THAT OF YOUR DEPENDENTS, YOU HAVE NOT BEEN REIMBURSED FOR THE TRANSPORTATION OF THE 2,350 POUNDS OF HOUSEHOLD GOODS MOVED BETWEEN RAPID CITY AND SNYDER.

SINCE THE WEIGHT OF THAT GOODS IS EVIDENCED BY A SCALE TICKET AND SINCE IT WAS EXCLUDED FROM THE SHIPMENT OF YOUR HOUSEHOLD GOODS MADE UNDER YOUR MILITARY ENTITLEMENT, YOU MAY BE ALLOWED THE COMMUTED PAYMENT FOR SUCH TRANSPORTATION UNDER LAW APPLICABLE TO YOUR STATUS AS A CIVILIAN EMPLOYEE.

OUR CLAIMS DIVISION IS BEING INSTRUCTED TODAY TO ISSUE SETTLEMENT IN YOUR FAVOR FOR THE PROPER AMOUNT DUE AND YOU SHOULD RECEIVE A CHECK IN REGULAR COURSE FOR THAT AMOUNT. IN OTHER RESPECTS, THE OFFICE SETTLEMENT OF MAY 13, 1964, IS CORRECT AND UPON REVIEW, IS SUSTAINED.