B-157413, OCT. 13, 1965

B-157413: Oct 13, 1965

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THE RECORD SHOWS THAT YOU WERE RELEASED FROM ACTIVE MILITARY DUTY AT NORTON AIR FORCE BASE. THAT INCIDENT TO THAT RELEASE YOU WERE AUTHORIZED UNDER CHAPTER 8 OF THE JOINT TRAVEL REGULATIONS TO TRANSPORTATION AT GOVERNMENT EXPENSE OF 9. CONCURRENTLY WITH YOUR RELEASE FROM THE MILITARY SERVICE YOU WERE APPOINTED TO A CIVILIAN POSITION WITH THE DEPARTMENT OF THE AIR FORCE AT DAYTON. INCIDENT TO THAT APPOINTMENT YOU WERE AUTHORIZED TO TRANSPORT 7. YOU ELECTED TO HAVE YOUR GOODS TRANSPORTED UNDER THE FORMER AUTHORITY. THE BILL OF LADING UNDER WHICH YOUR GOODS WERE TRANSPORTED REFLECTS CHARGES PAID BY THE GOVERNMENT AS FOLLOWS: 9. HAD YOU TRANSPORTED YOUR GOODS UNDER THE AUTHORITY ISSUED INCIDENT TO YOUR CIVILIAN EMPLOYMENT YOU WOULD HAVE BEEN ENTITLED TO REIMBURSEMENT AS FOLLOWS: 7.

B-157413, OCT. 13, 1965

TO MR. CLYDE F. AUTIO:

WE REFER TO YOUR LETTER OF JUNE 12, 1965, TRANSMITTED TO US BY THE AIR FORCE ACCOUNTING AND FINANCE CENTER, UNDER ITS LETTER OF JULY 23, 1965, IN WHICH YOU REQUEST REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT OF MARCH 30, 1964. THAT SETTLEMENT DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF AN ADDITIONAL AMOUNT OF EXPENSE INCURRED FOR THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS AND EFFECTS INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY WITH THE MILITARY SERVICE ON DECEMBER 19, 1963, AND YOUR APPOINTMENT TO CIVILIAN GOVERNMENT SERVICE AT DAYTON, OHIO.

THE RECORD SHOWS THAT YOU WERE RELEASED FROM ACTIVE MILITARY DUTY AT NORTON AIR FORCE BASE, CALIFORNIA, ON DECEMBER 19, 1963, AND THAT INCIDENT TO THAT RELEASE YOU WERE AUTHORIZED UNDER CHAPTER 8 OF THE JOINT TRAVEL REGULATIONS TO TRANSPORTATION AT GOVERNMENT EXPENSE OF 9,000 POUNDS OF HOUSEHOLD GOODS AND EFFECTS FROM COLTON, CALIFORNIA, TO LEAD, SOUTH DAKOTA, YOUR HOME OF RECORD.

CONCURRENTLY WITH YOUR RELEASE FROM THE MILITARY SERVICE YOU WERE APPOINTED TO A CIVILIAN POSITION WITH THE DEPARTMENT OF THE AIR FORCE AT DAYTON, OHIO. INCIDENT TO THAT APPOINTMENT YOU WERE AUTHORIZED TO TRANSPORT 7,000 POUNDS NET OF YOUR HOUSEHOLD GOODS FROM COLTON,CALIFORNIA, TO DAYTON, OHIO, PURSUANT TO PUB.L. 86-857, APPROVED JULY 5, 1960, 5 U.S.C. 73B-3 (B).

YOU ELECTED TO HAVE YOUR GOODS TRANSPORTED UNDER THE FORMER AUTHORITY, REIMBURSING THE AIR FORCE FOR THE EXPENSE INCURRED FOR THE EXCESS WEIGHT AND EXCESS DISTANCE INVOLVED IN MOVING YOUR GOODS TO DAYTON, OHIO, IN LIEU OF YOUR HOME OF RECORD AT LEAD, SOUTH DAKOTA.

THE BILL OF LADING UNDER WHICH YOUR GOODS WERE TRANSPORTED REFLECTS CHARGES PAID BY THE GOVERNMENT AS FOLLOWS:

9,280 POUNDS NET AT $13.35/CWT. $1,238.88

ADDITIONAL SERVICES (PACKING, CRATING, ETC.) 327.25

OTHER SERVICES 10.00

TOTAL $1,576.13

OF THIS AMOUNT YOU SAY THAT YOU REFUNDED $334.08 (OUR LATEST RECORD DATED AUGUST 25, 1964, INDICATES A REFUND OF $315.52) TO THE AIR FORCE FOR THE EXCESS WEIGHT AND DISTANCE, LEAVING A NET BALANCE OF $1,242.05 PAID BY THE GOVERNMENT, REPRESENTING THE COST OF MOVING THE AUTHORIZED WEIGHT OF YOUR GOODS TO YOUR HOME OF RECORD.

HAD YOU TRANSPORTED YOUR GOODS UNDER THE AUTHORITY ISSUED INCIDENT TO YOUR CIVILIAN EMPLOYMENT YOU WOULD HAVE BEEN ENTITLED TO REIMBURSEMENT AS FOLLOWS:

7,000 POUNDS NET FOR 2,150 MILES AT $16.60 PER CWT. OR $1,162 (SEE GENERAL SERVICES ADMINISTRATION CIRCULAR NO. 263, REVISION NO. 4, DATED SEPTEMBER 30, 1963, TABLE 5, COLUMN (H), WHICH WAS IN EFFECT AT THE TIME OF THE SHIPMENT).

YOU EXPRESS THE VIEW THAT THE TRANSPORTATION FURNISHED INCIDENT TO YOUR MILITARY SERVICE WAS A BENEFIT DUE FOR PAST SERVICE, WHILE THAT AUTHORIZED BECAUSE OF YOUR CIVILIAN EMPLOYMENT IS AN ADDITIONAL BENEFIT FOR A DIFFERENT PURPOSE. YOU APPARENTLY CONCLUDE THAT THE CIVILIAN ALLOWANCE IS AVAILABLE TO REIMBURSE YOU FOR THE $334.08 REFUNDED TO THE AIR FORCE.

THERE ARE CIRCUMSTANCES IN WHICH THE TWO ALLOWANCES MAY SUPPLEMENT EACH OTHER AS WHEN THE AUTHORIZED CIVILIAN ALLOWANCE, DOLLAR WISE, IS IN EXCESS OF THE AUTHORIZED ALLOWANCE IN THE SAME TERMS FOR THE MILITARY SHIPMENT. IN THOSE CASES WE MAY REGARD THE TRANSPORTATION AS BEING FURNISHED UNDER THE COMMUTED RATE SYSTEM APPLICABLE TO CIVILIANS AND ALLOW THE DIFFERENCE IN TERMS OF MONEY BETWEEN THE AUTHORIZED MILITARY PAYMENT AND THE AMOUNT DUE UNDER THE COMMUTED RATE SYSTEM.

YOUR CASE, HOWEVER, DOES NOT FALL WITHIN THE CATEGORY CONTEMPLATED ABOVE, SINCE THE AMOUNT EXPENDED BY THE GOVERNMENT FOR YOUR AUTHORIZED MILITARY BENEFITS IS IN EXCESS OF THAT AUTHORIZED TO BE EXPENDED FOR THE TRANSPORTATION OF YOUR GOODS UNDER THE COMMUTED RATE SYSTEM.

THE BENEFITS AUTHORIZED UNDER LAW APPLICABLE TO THE MILITARY AND THOSE APPLICABLE TO CIVILIAN EMPLOYEES DIFFER IN WEIGHT LIMITATIONS, RATES (THE LATTER INCLUDING AN UNDISCLOSED AMOUNT TO COVER PACKING AND CRATING COSTS ON A COMMUTED BASIS) AND, GENERALLY, AS TO DESTINATION OF THE HOUSEHOLD GOODS. THEREFORE, THE TWO BENEFITS ARE NOT COMPARABLE; NEITHER ARE THEY SUSCEPTIBLE OF BEING ADDED WHEN THERE IS BUT A SINGLE SHIPMENT. AS A CONSEQUENCE WE HAVE HERETOFORE RULED THAT THERE IS NO LAWFUL BASIS FOR HANDLING A SINGLE SHIPMENT UNDER BOTH THE MILITARY AND THE CIVILIAN LAWS.

FURTHER, AND IN RESPONSE TO YOUR EXPRESSED OPINION, THE GOVERNMENT IN SUCH CASES HAS BUT A SINGLE BASIC OBLIGATION AND THAT IS TO MOVE IN KIND OR OTHERWISE THE HOUSEHOLD GOODS OF THE MEMBER OR EMPLOYEE BETWEEN THE POINTS AUTHORIZED AT THE MINIMUM EXPENSE TO THE INDIVIDUAL, WITHIN THE LIMITS IMPOSED BY LAW. IN YOUR CASE THE ALLOWANCE OF THE AMOUNT CLAIMED BY YOU WOULD BE TANTAMOUNT TO ALLOWING THE TRANSPORTATION OF 9,280 POUNDS OF GOODS OVER 2,150 MILES, AN AMOUNT IN EXCESS OF THE BENEFITS AUTHORIZED BY EITHER THE MILITARY OR CIVILIAN LAW.

THEREFORE, UPON REVIEW THE OFFICE SETTLEMENT OF MARCH 30, 1964, DISALLOWING YOUR CLAIM MUST BE AND IS SUSTAINED.