B-158089, DEC. 22, 1965

B-158089: Dec 22, 1965

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IS BEING TREATED AS A REQUEST FOR REVIEW OF THE DISALLOWANCE OF THAT SUM IN OUR OFFICE SETTLEMENT OF AUGUST 31. YOU WERE PAID UNDER THE PROVISIONS OF SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946. YOU BASE YOUR CLAIM FOR REIMBURSEMENT OF YOUR ACTUAL EXPENSES ON THE FACTS THAT CERTAIN REPRESENTATIONS AS TO MOVING EXPENSES WERE MADE IN PAMPHLETS USED FOR RECRUITING NEW PERSONNEL AND THAT THE MOTOR CARRIER MOVER CHARGED YOU A RATE BASED ON 4. 000 POUNDS AS A MINIMUM WEIGHT WHEREAS THE ACTUAL WEIGHT WAS ONLY 1. THE CARRIER'S POLICY IS TO CHARGE FOR A MINIMUM OF 4. 000 POUNDS WHEN TRANSPORTATION IS REQUIRED TO BE MADE ON A SPECIFIC DATE AND WHICH DOES NOT COINCIDE WITH ANOTHER MOVE. YOU CLAIM THAT HAD YOU KNOWN OF THIS POLICY YOU WOULD HAVE ARRANGED FOR THE MOVING AT A DIFFERENT TIME IN ORDER TO OBTAIN THE BENEFIT OF THE LOWEST RATE AVAILABLE.

B-158089, DEC. 22, 1965

TO MR. MARTIN J. QUALTERS:

YOUR RECLAIM VOUCHER FOR $142.80 HAS BEEN FORWARDED HERE BY THE BUREAU OF THE CENSUS, WITH ADMINISTRATIVE COMMENTS RELATING THERETO, AND IS BEING TREATED AS A REQUEST FOR REVIEW OF THE DISALLOWANCE OF THAT SUM IN OUR OFFICE SETTLEMENT OF AUGUST 31, 1965.

YOU CLAIM ACTUAL EXPENSES OF $246 INCURRED IN THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS FROM EAST LANSING, MICHIGAN, TO DETROIT, MICHIGAN, YOUR FIRST DUTY STATION, BETWEEN MAY 1, 1965, AND MAY 31, 1965. YOU WERE PAID UNDER THE PROVISIONS OF SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, AS AMENDED, 5 U.S.C. 73B-3 (B), AS AMENDED, ON A COMMUTED BASIS AT RATES PER HUNDRED POUNDS AS FIXED BY ZONES IN TABLE I, GSA BULLETIN FPMR NO. A-2, ATTACHMENT A, SUPPLEMENT NO. 2, ISSUED MAY 21, 1965, IN THE AMOUNT OF $103.20, OR $142.80 LESS THAN YOUR ACTUAL EXPENSES. YOU BASE YOUR CLAIM FOR REIMBURSEMENT OF YOUR ACTUAL EXPENSES ON THE FACTS THAT CERTAIN REPRESENTATIONS AS TO MOVING EXPENSES WERE MADE IN PAMPHLETS USED FOR RECRUITING NEW PERSONNEL AND THAT THE MOTOR CARRIER MOVER CHARGED YOU A RATE BASED ON 4,000 POUNDS AS A MINIMUM WEIGHT WHEREAS THE ACTUAL WEIGHT WAS ONLY 1,200 POUNDS. THE CARRIER'S POLICY IS TO CHARGE FOR A MINIMUM OF 4,000 POUNDS WHEN TRANSPORTATION IS REQUIRED TO BE MADE ON A SPECIFIC DATE AND WHICH DOES NOT COINCIDE WITH ANOTHER MOVE. YOU CLAIM THAT HAD YOU KNOWN OF THIS POLICY YOU WOULD HAVE ARRANGED FOR THE MOVING AT A DIFFERENT TIME IN ORDER TO OBTAIN THE BENEFIT OF THE LOWEST RATE AVAILABLE. IT IS ALSO ASSERTED BY YOU THAT NO INSTRUCTIONS WERE GIVEN TO YOU AS TO WHAT PROCEDURES WERE TO BE FOLLOWED IN TRANSPORTING YOUR HOUSEHOLD GOODS. THE RECORD SHOWS THAT THE DATE OF THE MOVEMENT OF YOUR EFFECTS WAS SELECTED BY YOU.

AS STATED IN AN UNPUBLISHED DECISION" B-145469 OF APRIL 14, 1961, THE GENERAL RULE IS THAT AN EMPLOYEE MUST BEAR THE EXPENSE OF REPORTING TO HIS FIRST DUTY STATION WHEN HIS COMPENSATION IS FIXED BY LAW OR REGULATION. AN EXCEPTION TO THE GENERAL RULE WAS GRANTED BY SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, AS AMENDED (5 U.S.C. 73B-3 (B) (, WHICH READS IN PERTINENT PART AS FOLLOWS:

"APPROPRIATIONS FOR THE DEPARTMENTS SHALL BE AVAILABLE IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, FOR EXPENSES OF TRAVEL OF PERSONS APPOINTED * * * TO POSITIONS IN THE UNITED STATES FOR WHICH THERE IS DETERMINED BY THE CIVIL SERVICE COMMISSION TO BE A MANPOWER SHORTAGE, AND FOR EXPENSES OF TRANSPORTATION OF THEIR IMMEDIATE FAMILIES AND THEIR HOUSEHOLD GOODS AND PERSONAL EFFECTS AND FOR ADVANCES OF FUNDS TO THE EXTENT AUTHORIZED BY SECTION 73B-1 (A) AND (B) OF THIS TITLE, FROM THEIR PLACES OF ACTUAL RESIDENCE AT THE TIME OF SELECTION OR ASSIGNMENT TO THEIR DUTY STATION. * * *"

5 U.S.C. 73B-1 (B) (SECTION 1 (B) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, AS AMENDED), READS IN PERTINENT PART AS FOLLOWS:

"IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TRANSPORTATION, PACKING, CRATING, TEMPORARY STORAGE, DRAYAGE, AND UNPACKING OF HOUSEHOLD GOODS AND PERSONAL EFFECTS, IN THE CASE OF SUCH TRANSFERS BETWEEN POINTS IN CONTINENTAL UNITED STATES, REIMBURSEMENT SHALL BE MADE TO THE OFFICER OR EMPLOYEE ON A COMMUTED BASIS (NOT TO EXCEED THE AMOUNT WHICH WOULD BE ALLOWABLE FOR THE AUTHORIZED WEIGHT ALLOWANCE) AT SUCH RATES PER ONE HUNDRED POUNDS AS MAY BE FIXED BY ZONES IN REGULATIONS PRESCRIBED BY THE PRESIDENT. * * *"

THE PRESIDENT BY EXECUTIVE ORDER NO. 11012 OF MARCH 27, 1962, DELEGATED THE AUTHORITY TO MAKE REGULATIONS AUTHORIZED BY 5 U.S.C. 73B 1 (B) TO THE ADMINISTRATOR OF GENERAL SERVICES. THE ADMINISTRATOR IN TURN ISSUED REGULATIONS BY GSA BULLETIN FPMR NO. A-2, ATTACHMENT A, AND SUPPLEMENTS.

IT WAS ON THE BASIS OF THE PROVISIONS OF THE CITED GENERAL SERVICES REGULATIONS THAT REIMBURSEMENT WAS MADE TO YOU IN THE SUM OF $103.20. WAS THE CASE IN B-145469, ABOVE, NEITHER THE LAW NOR THE REGULATIONS PROVIDE FOR CONSIDERATION OF ACTUAL EXPENSES AS A FACTOR IN THE AMOUNT THE GOVERNMENT WILL PAY FOR TRANSPORTATION OF HOUSEHOLD GOODS TO INDIVIDUALS IN YOUR SITUATION. WE CONCUR IN THE VIEW THAT IT IS MOST UNFORTUNATE THAT YOU WERE NOT MORE FULLY INFORMED, PARTICULARLY CONCERNING THE CHARGE, UNDER CERTAIN CONDITIONS, ON A MINIMUM WEIGHT BASIS. IT IS NOT CLEAR, HOWEVER, WHETHER THIS KNOWLEDGE DID NOT COME TO YOUR ATTENTION PRIMARILY BECAUSE OF YOUR FAILURE TO INQUIRE SUFFICIENTLY OF THE CARRIER, OR BECAUSE OF A GOVERNMENT REPRESENTATIVE OR A REPRESENTATIVE OF THE CARRIER NOT HAVING GIVEN YOU SUFFICIENT DETAILS. NEVERTHELESS, THE FACT THAT THE ACTUAL EXPENSES PAID TO THE CARRIER BY YOU EXCEEDED THE AMOUNT TO WHICH YOU WERE ENTITLED TO ON A COMMUTED BASIS FROM THE GOVERNMENT IS NO BASIS FOR ALLOWANCE OF ANY ADDITIONAL AMOUNT IRRESPECTIVE OF WHETHER THE ADMINISTRATIVE OFFICIALS FAILED TO PROPERLY INFORM YOU IN THE MATTER. THEREFORE, THE ACTION TAKEN IN OUR SETTLEMENT OF AUGUST 31, 1965, IN DISALLOWING THE SUM OF $142.80 IS SUSTAINED.