B-159899, SEP. 7, 1966

B-159899: Sep 7, 1966

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THE ONLY EVIDENCE FURNISHED OF SUCH TRANSACTION IS A RECEIPT FOR $400 SIGNED BY JULES LONGREN AND DATED JUNE 27. WE HAVE CONSISTENTLY HELD THAT AN EMPLOYEE WHO DOES NOT FURNISH PROPER EVIDENCE OF ACTUAL WEIGHT OR VOLUME. SUCH AS WILL SATISFY THE LAW AND REGULATIONS. IF BILLS OF LADING ARE NOT AVAILABLE. IF NO ADEQUATE SCALE IS AVAILABLE AT POINT OF ORIGIN. CARTER DID NOT OBTAIN THE ACTUAL WEIGHT OF HIS HOUSEHOLD GOODS AT THE TIME HE TRANSPORTED THEM HE MAY BE PAID AT THE COMMUTED RATE ONLY IF HE IS ABLE TO SHOW (1) THAT WEIGHING FACILITIES WERE NOT REASONABLY AVAILABLE OVER THE ROUTE AND AT THE TIME HE TRANSPORTED HIS GOODS. (3) THAT THE GOODS WERE PROPERLY LOADED IN THE SPACE AVAILABLE OR.

B-159899, SEP. 7, 1966

TO THE AUTHORIZED CERTIFYING OFFICER, ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE:

BY LETTER DATED JULY 27, 1966, AND ENCLOSURES, YOUR REFERENCE WFC 511, YOU REQUESTED OUR DECISION CONCERNING THE AMOUNT YOU MAY CERTIFY FOR PAYMENT IN CONNECTION WITH THE VOUCHER OF WILLIAM J. CARTER FOR REIMBURSEMENT OF HIS EXPENSES IN TRANSPORTING HIS HOUSEHOLD GOODS FROM STEWARTVILLE, MINNESOTA, TO BISMARK, NORTH DAKOTA, INCIDENT TO A PERMANENT CHANGE OF STATION.

MR. CARTER STATES THAT HE TRANSPORTED 5,000 POUNDS OF HOUSEHOLD GOODS IN THE PRIVATELY-OWNED TRUCK OF ONE JULES LONGREN FROM STEWARTVILLE, TO BISMARK AT A COST OF $400. THE ONLY EVIDENCE FURNISHED OF SUCH TRANSACTION IS A RECEIPT FOR $400 SIGNED BY JULES LONGREN AND DATED JUNE 27, 1966. NO EVIDENCE OF WEIGHT, EITHER ACTUAL OR CONSTRUCTIVE, HAS BEEN FURNISHED BY MR. CARTER.

YOU POINT OUT THAT REIMBURSEMENT ON THE COMMUTED RATE BASIS FOR SUCH SHIPMENT WOULD BE $465.

WE HAVE CONSISTENTLY HELD THAT AN EMPLOYEE WHO DOES NOT FURNISH PROPER EVIDENCE OF ACTUAL WEIGHT OR VOLUME, SUCH AS WILL SATISFY THE LAW AND REGULATIONS, MAY NOT BE ALLOWED REIMBURSEMENT AT THE COMMUTED RATE FOR THE MOVEMENT OF HOUSEHOLD EFFECTS. IN THAT REGARD SECTION 2.1G OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, PROVIDES IN PART AS FOLLOWS:

"DOCUMENTATION REQUIRED. IN SUPPORT OF CLAIMS FOR REIMBURSEMENT UNDER THE COMMUTED RATE SYSTEM EMPLOYEES SHALL SUBMIT * * * THE ORIGINAL BILLS OF LADING OR CERTIFIED COPIES, OR, IF BILLS OF LADING ARE NOT AVAILABLE, OTHER EVIDENCE SHOWING POINT OF ORIGIN, DESTINATION, AND WEIGHT. IF NO ADEQUATE SCALE IS AVAILABLE AT POINT OF ORIGIN, AT ANY POINT EN ROUTE, OR AT DESTINATION, A CONSTRUCTIVE WEIGHT, BASED ON SEVEN PUNDS PER CUBIC FOOT OF PROPERLY LOADED VAN SPACE, MAY BE USED. * * *"

UNDER THAT REGULATION THE WEIGHT OF HOUSEHOLD GOODS TRANSPORTED FOR THE PURPOSE OF COMPUTING THE COMMUTED RATE PAYMENT ALLOWABLE MUST BE DETERMINED EITHER BY THE ACTUAL SCALE WEIGHT OF THE GOODS OR BY THE CONSTRUCTIVE WEIGHT OF SUCH GOODS DETERMINED ON THE BASIS OF THE SPACE OCCUPIED WHEN PROPERLY LOADED FOR TRANSPORTATION IN A VAN. SINCE MR. CARTER DID NOT OBTAIN THE ACTUAL WEIGHT OF HIS HOUSEHOLD GOODS AT THE TIME HE TRANSPORTED THEM HE MAY BE PAID AT THE COMMUTED RATE ONLY IF HE IS ABLE TO SHOW (1) THAT WEIGHING FACILITIES WERE NOT REASONABLY AVAILABLE OVER THE ROUTE AND AT THE TIME HE TRANSPORTED HIS GOODS, (2) THE AMOUNT OF SPACE OCCUPIED BY THOSE GOODS, AND (3) THAT THE GOODS WERE PROPERLY LOADED IN THE SPACE AVAILABLE OR, IN THE ABSENCE OF EVIDENCE OF PROPER LOADING, A LIST OF ITEMS TRANSPORTED, TOGETHER WITH THE ACTUAL VOLUME OCCUPIED BY EACH--- BASED ON ACTUAL MEASUREMENT OR A UNIFORM TABLE, PREFERABLY PREPARED BY A COMMERCIAL CARRIER. SEE B 148627, MAY 11, 1962 (COPY ENCLOSED).

IF MR. CARTER IS UNABLE TO ESTABLISH HIS ENTITLEMENT TO A COMMUTED PAYMENT BY COMPLYING WITH THE REQUIREMENTS LISTED ABOVE, HE MAY BE REIMBURSED THE ACTUAL EXPENSES INCURRED IN TRANSPORTING HIS HOUSEHOLD GOODS UPON COMPLYING WITH THE RULE SET OUT IN 38 COMP. GEN. 554, 555, AS FOLLOWS:

"WHEN, HOWEVER, AS HERE, THE EVIDENCE AVAILABLE AFFORDS A BASIS FOR CONCLUDING THAT THE ACTUAL WEIGHT OF THE GOODS SHIPPED REASONABLY APPROXIMATES THE ESTIMATED WEIGHT, THE EMPLOYEE MAY BE REIMBURSED FOR HIS ACTUAL EXPENSES TO THE EXTENT THEY DO NOT EXCEED THE AMOUNT WHICH WOULD HAVE BEEN PAYABLE FOR SUCH ESTIMATED WEIGHT AT THE APPLICABLE COMMUTED RATES.' SEE ALSO B-129708, DECEMBER 6, 1956 (COPY ENCLOSED).

THEREFORE, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT ON THE BASIS OF THE PRESENT RECORD.