B-159033, MAY 27, 1966

B-159033: May 27, 1966

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YOUR CLAIM WAS DISALLOWED ON THE GROUND THAT YOU DID NOT SUBMIT EVIDENCE OF THE ACTUAL WEIGHT. IT WAS INDICATED THAT YOU MAY BE ENTITLED TO REIMBURSEMENT OF ACTUAL EXPENSES BASED ON THE ESTIMATED WEIGHT OF THE HOUSEHOLD EFFECTS IF RECEIPTS OR OTHER ACCEPTABLE EVIDENCE WERE PROVIDED TO REFLECT THE ADDITIONAL EXPENSES INCURRED BY REASON OF CARRYING SUCH EFFECTS IN YOUR AUTOMOBILE. WE NOTE THAT REIMBURSEMENT TO YOU FOR TRAVEL INCIDENT TO THE CHANGE OF DUTY STATION WAS BASED ON AN AUTHORIZATION OF A MILEAGE RATE OF 12 CENTS PER MILE FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE NOT TO EXCEED THE COST BY A USUAL ROUTE AND MODE OF TRANSPORTATION. PAYMENT WAS LIMITED TO CONSTRUCTIVE COST FAMILY PLAN AIR FARE.

B-159033, MAY 27, 1966

TO CHARLES F. BRYAN:

THIS REFERS TO YOUR LETTER OF APRIL 14, 1966, REFERENCE SMNBTA, REQUESTING RECONSIDERATION OF OUR OFFICE SETTLEMENT OF MARCH 28, 1966, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF 390 POUNDS OF HOUSEHOLD GOODS CARRIED IN YOUR PRIVATELY OWNED AUTOMOBILE INCIDENT TO YOUR CHANGE OF STATION FROM OLMSTED AIR FORCE BASE, PENNSYLVANIA, TO MCCLELLAN AIR FORCE BASE, CALIFORNIA.

YOUR CLAIM WAS DISALLOWED ON THE GROUND THAT YOU DID NOT SUBMIT EVIDENCE OF THE ACTUAL WEIGHT. HOWEVER, IT WAS INDICATED THAT YOU MAY BE ENTITLED TO REIMBURSEMENT OF ACTUAL EXPENSES BASED ON THE ESTIMATED WEIGHT OF THE HOUSEHOLD EFFECTS IF RECEIPTS OR OTHER ACCEPTABLE EVIDENCE WERE PROVIDED TO REFLECT THE ADDITIONAL EXPENSES INCURRED BY REASON OF CARRYING SUCH EFFECTS IN YOUR AUTOMOBILE.

WHILE YOU SAY THAT MILEAGE HAS NOT BEEN PAID, WE NOTE THAT REIMBURSEMENT TO YOU FOR TRAVEL INCIDENT TO THE CHANGE OF DUTY STATION WAS BASED ON AN AUTHORIZATION OF A MILEAGE RATE OF 12 CENTS PER MILE FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE NOT TO EXCEED THE COST BY A USUAL ROUTE AND MODE OF TRANSPORTATION. THUS, PAYMENT WAS LIMITED TO CONSTRUCTIVE COST FAMILY PLAN AIR FARE. SUCH PAYMENT IS NOT AN ACTUAL EXPENSE REIMBURSEMENT BUT IS PREDICATED UPON THE MILEAGE RATE, LIMITED, HOWEVER, TO CONSTRUCTIVE AIR TRAVEL COSTS.

SPECIFICALLY, CONCERNING YOUR EFFECTS, YOU HAVE NOT FURNISHED THE ACTUAL WEIGHT OF THE HOUSEHOLD EFFECTS TRANSPORTED IN YOUR AUTOMOBILE. IN THE CIRCUMSTANCES, NO ADDITIONAL PAYMENT IS AUTHORIZED COVERING THE MOVEMENT OF THOSE EFFECTS IN THE ABSENCE OF A SHOWING OF EXTRA EXPENSES RESULTING FROM THE EFFECTS HAVING BEEN SO TRANSPORTED. WE FIND NO PROPER BASIS TO CONCUR IN YOUR CONCLUSION THAT THE SETTING BY REGULATION OF A MILEAGE RATE OF 10 CENTS PER MILE--- WHICH IS A COMMUTED RATE IN LIEU OF ACTUAL EXPENSES--- FOR CERTAIN TRAVEL BY PRIVATELY OWNED AUTOMOBILE ESTABLISHES THE "ACTUAL EXPENSE" FOR THE SHIPMENT OF THE EFFECTS IN YOUR AUTOMOBILE.

ON THE BASIS OF THE FOREGOING WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE DISALLOWANCE OF YOUR CLAIM.