B-160786, MAR. 8, 1967

B-160786: Mar 8, 1967

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000POUNDS MAXIMUM NET WEIGHT ALLOWABLE UNDER GOVERNMENT REGULATIONS IN EFFECT AT THE TIME HIS PERMANENT DUTY STATION WAS CHANGED BY VERBAL ORDERS EFFECTIVE DECEMBER 31. 000 LBS NET IS AUTHORIZED * * *.'. IN THIS CASE) IS RESPONSIBLE FOR INITIATING ACTION FOR ISSUANCE OF A CONFIRMATORY TRAVEL ORDER. ITEM 2 OF THAT TRANSMITTAL MEMORANDUM IS IN PERTINENT PART AS FOLLOWS: "2. ARE EFFECTIVE BEGINNING WITH THE EFFECTIVE DATE OF TRANSFER OR APPOINTMENT OF THE EMPLOYEE OCCURRING ON OR AFTER JULY 21. THE DATE AN EMPLOYEE OR NEW APPOINTEE REPORTS FOR DUTY AT HIS NEW OFFICIAL STATION IS CONSIDERED THE EFFECTIVE DATE OF THE TRANSFER OR APPOINTMENT. WHO PREVIOUSLY WOULD HAVE BEEN ENTITLED TO THE 7. 000 POUND WEIGHT ALLOWANCE IS ENTITLED TO THE 11.

B-160786, MAR. 8, 1967

TO FINANCE AND ACCOUNTING OFFICER:

YOUR LETTER OF JANUARY 19, 1967, AND ENCLOSURES, YOUR REFERENCE SERIAL: D5/125, FORWARDED HERE JANUARY 27, 1967, BY THE U.S. ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, REQUESTS OUR DECISION WHETHER REIMBURSEMENT TO MR. JAMES J. PLAZAK SHOULD BE LIMITED TO THE 7,000POUNDS MAXIMUM NET WEIGHT ALLOWABLE UNDER GOVERNMENT REGULATIONS IN EFFECT AT THE TIME HIS PERMANENT DUTY STATION WAS CHANGED BY VERBAL ORDERS EFFECTIVE DECEMBER 31, 1964, THAT HE PROCEED TO THE NEW STATION ON OR ABOUT JANUARY 1, 1965, AS INDICATED IN PARAGRAPH 1 OF LETTER ORDERS 4767, RETURN PCS (CONUS) (CONFIRMATORY) DATED SEPTEMBER 21, 1966. PARAGRAPH 5 OF SUCH CONFIRMATORY ORDERS INDICATED " * * * MOVEMENT OF HHG NOT TO EXCEED 11,000 LBS NET IS AUTHORIZED * * *.'

AS TO YOUR STATEMENT THAT YOU DO NOT KNOW THE REASONS FOR THE DELAY FROM DECEMBER 31, 1964, TO SEPTEMBER 21, 1966, THE DATE OF ISSUANCE OF THE CONFIRMATORY ORDERS, WE NOTE THAT PARAGRAPH C2051 OF THE JOINT TRAVEL REGULATIONS, VOLUME 2, PROVIDES THAT THE OFFICIAL WHO DIRECTED THE TRAVEL (CHANGE OF STATION, IN THIS CASE) IS RESPONSIBLE FOR INITIATING ACTION FOR ISSUANCE OF A CONFIRMATORY TRAVEL ORDER. HOWEVER, WE POINT OUT THAT THE DETAILED PROVISIONS OF A CONFIRMATORY ORDER--- AS IN AN AMENDMENT OF AN EXISTING TRAVEL ORDER (PARAGRAPH C2053-2/--- MAY NOT ALONE VALIDATE A CHANGE OF THE BASIS OF REIMBURSEMENT EXCEPT TO THE EXTENT AS MAY BE EXPRESSLY AUTHORIZED BY APPLICABLE LAW OR STATUTORY REGULATION.

SO FAR AS PERTINENT HERE, PURSUANT TO SUBSECTION 1 (A) (2), PUB.L. 89- 516, APPROVED JULY 21, 1966, 80 STAT. 323, BUREAU OF THE BUDGET CIRCULAR NO. A-56, TRANSMITTAL MEMORANDUM NO. 6, DATED JULY 26, 1966, PROVIDED INTERIM GUIDELINES. ITEM 2 OF THAT TRANSMITTAL MEMORANDUM IS IN PERTINENT PART AS FOLLOWS:

"2. EFFECTIVE DATE. THE AMENDMENTS, CONTAINED IN ATTACHMENT A, ARE EFFECTIVE BEGINNING WITH THE EFFECTIVE DATE OF TRANSFER OR APPOINTMENT OF THE EMPLOYEE OCCURRING ON OR AFTER JULY 21, 1966. FOR THE PURPOSE OF THE AMENDMENTS IN ATTACHMENT A, THE DATE AN EMPLOYEE OR NEW APPOINTEE REPORTS FOR DUTY AT HIS NEW OFFICIAL STATION IS CONSIDERED THE EFFECTIVE DATE OF THE TRANSFER OR APPOINTMENT.

"THE EMPLOYEE OR NEW APPOINTEE REPORTING ON OR AFTER JULY 21, 1966, WHO PREVIOUSLY WOULD HAVE BEEN ENTITLED TO THE 7,000 POUND WEIGHT ALLOWANCE IS ENTITLED TO THE 11,000 POUND ALLOWANCE PROVIDED HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS WERE TURNED OVER TO THE CARRIER ON OR AFTER JULY 21, 1966, OR THEIR TRANSPORTATION OTHERWISE BEGAN ONOR AFTER THAT DATE.'

THE RECORD HERE SHOWS MR. PLAZAK FIRST REPORTED FOR DUTY AT HIS NEW DUTY STATION ON OR ABOUT JANUARY 1, 1965. THEREFORE, THE STATUTORY INCREASE OF THE MAXIMUM WEIGHT FROM 7,000 TO 11,000 POUNDS BEING APPLICABLE ONLY TO TRANSFERS OR APPOINTMENTS OCCURRING ON OR AFTER JULY 21, 1966, HE MAY BE ALLOWED ONLY $381.50. THAT SUM REPRESENTS COMMUTED REIMBURSEMENT AT THE RATE OF $5.45 PER HUNDRED POUNDS FOR MOVEMENT OF 7,000 POUNDS OF HIS HOUSEHOLD GOODS A DISTANCE OF 42 MILES FROM SPRINGFIELD, VIRGINIA, TO LAUREL, MARYLAND, ON OCTOBER 21, 1966. SEE GENERAL SERVICES ADMINISTRATION BULLETIN FPMR NO. A-2, GENERAL SUPPLEMENT NO. 7, DATED AUGUST 2, 1966; COMPARE SUPPLEMENT NO. 6, DATED JULY 6, 1966, TABLE 3.

THE AMOUNT OF $4.20, MILEAGE CLAIMED FOR THE "POV" TRANSPORTATION OF HIS DEPENDENTS 42 MILES ON OCTOBER 21, 1966, APPEARS TO BE PROPERLY FOR ALLOWANCE AS SUCH TRANSPORTATION OCCURRED WITHIN THE TWO-YEAR LIMIT OF SECTION 1.6 OF CIRCULAR NO. A-56, IN EFFECT ON JANUARY 1, 1965; NOW CONTAINED IN SECTION 1.3D OF ATTACHMENT A, CIRCULAR NO. A-56, REVISED, OCTOBER 12, 1966.

THE VOUCHER IS RETURNED HEREWITH AND, IF OTHERWISE CORRECT, IT MAY BE PAID IN THE AMOUNT OF $385.70 ($381.50 PLUS $4.20), THAT SUM TO BE CREDITED AGAINST ANY OUTSTANDING TRAVEL ADVANCE.