B-161697, JUL. 3, 1967

B-161697: Jul 3, 1967

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FOR REIMBURSEMENT FOR HOUSEHOLD EFFECTS WHICH WERE TURNED OVER TO CARRIER ON JULY 16. HELD THAT SHIPMENT BEGAN AT TIME TURNED OVER TO CARRIER WHICH WAS BEFORE NEW LIMITATION IN PUBLIC LAW 89-516. WHICH WAS EFFECTIVE AUGUST 25. WERE PICKED UP AT HIS RESIDENCE AND TAKEN TO A LOCAL WAREHOUSE. 875 POUNDS OF THOSE GOODS WERE REMOVED FROM THE LOCAL WAREHOUSE FOR TRANSPORTATION TO SPOKANE AND ON JULY 23 THE BALANCE OF THE GOODS. WERE REMOVED FOR TRANSPORTATION TO SPOKANE. UPON ARRIVAL IN SPOKANE THE HOUSEHOLD GOODS WERE PLACED IN STORAGE WHERE THEY REMAINED UNTIL AUGUST 31 WHEN THEY WERE DELIVERED TO MR. GLOEGE WAS REIMBURSED AT THE COMMUTED RATE FOR TRANSPORTATION OF 7. THE QUESTION PRESENTED IS WHETHER IN THE CIRCUMSTANCES THE 7.

B-161697, JUL. 3, 1967

TRANSPORTATION - HOUSEHOLD EFFECTS - PUBLIC LAW 89-516 - TIME FOR BENEFITS DECISION TO CERTIFYING OFFICER RURAL ELECTRIFICATION ADMIN. FOR REIMBURSEMENT FOR HOUSEHOLD EFFECTS WHICH WERE TURNED OVER TO CARRIER ON JULY 16, 1966, WITH PORTION MOVING FROM WAREHOUSE ON JULY 20 AND BALANCE ON JULY 23, 1966. HELD THAT SHIPMENT BEGAN AT TIME TURNED OVER TO CARRIER WHICH WAS BEFORE NEW LIMITATION IN PUBLIC LAW 89-516, EFFECTIVE ON OR AFTER JULY 21, 1966. HOWEVER, EMPLOYEE ALLOWED TEMPORARY STORAGE ON 8,000 LIMITATION AT NEW STATION SINCE IT BEGAN AFTER JULY 21.

TO MR. DAVID M. ADISON, AUTHORIZED CERTIFYING OFFICER, RURAL ELECTRIFICATION ADMINISTRATION, UNITED STATES DEPARTMENT OF AGRICULTURE:

WE REFER TO YOUR LETTER OF JUNE 2, 1966, REQUESTING OUR ADVANCE DECISION WHETHER YOU MAY PROPERLY CERTIFY FOR PAYMENT THE RECLAIM TRAVEL VOUCHER OF MR. DONALD V. GLOEGE, AN EMPLOYEE OF THE RURAL ELECTRIFICATION ADMINISTRATION, UNITED STATES DEPARTMENT OF AGRICULTURE, TO REIMBURSE HIM AT THE COMMUTED RATE FOR TRANSPORTATION AND TEMPORARY STORAGE OF 1,000 POUNDS OF HOUSEHOLD GOODS INCIDENT TO HIS TRANSFER FROM SARATOGA SPRINGS, NEW YORK, TO SPOKANE, WASHINGTON, WHICH WAS EFFECTIVE AUGUST 25, 1966.

MR. GLOEGE DEPARTED HIS OLD DUTY STATION, SARATOGA SPRINGS, AND ON JULY 17 REPORTED TO WASHINGTON, D. C. FOR TEMPORARY DUTY. UPON COMPLETION OF THAT TEMPORARY DUTY HE PROCEEDED DIRECTLY TO HIS NEW DUTY STATION IN SPOKANE ARRIVING ON AUGUST 25. ON JULY 16, BEFORE LEAVING SARATOGA SPRINGS, MR. GLOEGE'S HOUSEHOLD GOODS, WEIGHING A TOTAL OF 8,000 POUNDS, WERE PICKED UP AT HIS RESIDENCE AND TAKEN TO A LOCAL WAREHOUSE. ON JULY 20, 6,875 POUNDS OF THOSE GOODS WERE REMOVED FROM THE LOCAL WAREHOUSE FOR TRANSPORTATION TO SPOKANE AND ON JULY 23 THE BALANCE OF THE GOODS, 1,125 POUNDS, WERE REMOVED FOR TRANSPORTATION TO SPOKANE. UPON ARRIVAL IN SPOKANE THE HOUSEHOLD GOODS WERE PLACED IN STORAGE WHERE THEY REMAINED UNTIL AUGUST 31 WHEN THEY WERE DELIVERED TO MR. GLOEGE'S NEW RESIDENCE.

MR. GLOEGE WAS REIMBURSED AT THE COMMUTED RATE FOR TRANSPORTATION OF 7,000 POUNDS OF HOUSEHOLD GOODS AND AT THE RATE CHARGED FOR STORAGE OF 7,000 POUNDS OF HOUSEHOLD GOODS. THE QUESTION PRESENTED IS WHETHER IN THE CIRCUMSTANCES THE 7,000 POUND LIMIT APPLICABLE TO THE TRANSPORTATION OF AN EMPLOYEE'S HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WHICH WAS IN EFFECT THROUGH JULY 20, 1966, IS APPLICABLE, OR WHETHER THE 11,000 POUND LIMIT AS PROVIDED BY SECTION 1 OF THE ACT OF JULY 21, 1966, PUB. L. 89-516 SHOULD BE APPLIED.

ALTHOUGH MR. GLOEGE REPORTED FOR DUTY AT HIS NEW DUTY STATION AFTER JULY 21 HE WOULD BE ELIGIBLE FOR REIMBURSEMENT UP TO THE 11,000 POUND LIMIT ONLY IN ACCORDANCE WITH BUREAU OF THE BUDGET CIRCULAR NO. A-56, TRANSMITTAL MEMORANDUM NO. 6, JULY 26, 1966, WHICH SPECIFIES THAT THE 11,000 POUND LIMIT IS APPLICABLE IF "HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS WERE TURNED OVER TO THE CARRIER ON OR AFTER JULY 21, 1966, OR THEIR TRANSPORTATION OTHERWISE BEGAN ON OR AFTER THAT DATE;, SEE ALSO 29 COMP. GEN. 100; 20 ID. 568, 571. THE PHRASE IN TRANSMITTAL MEMORANDUM NO. 6 ,OR THEIR TRANSPORTATION OTHERWISE BEGAN" IS REGARDED AS COVERING CASES IN WHICH HOUSEHOLD GOODS ARE NOT TRANSPORTED BY A COMMON CARRIER, E.G; WHEN AN EMPLOYEE TRANSPORTS HIS OWN HOUSEHOLD GOODS IN A RENTED OR PRIVATELY OWNED TRUCK OR TRAILER.

WE ASSUME THAT WHEN MR. GLOEGE TURNED HIS HOUSEHOLD GOODS OVER TO A COMMON CARRIER OR THE AGENT OF A COMMON CARRIER ON JULY 16 HE DIRECTED THE CARRIER OR THE CARRIER'S AGENT AT THAT TIME TO TRANSPORT THE GOODS TO SPOKANE. THE FACT THAT THE HOUSEHOLD GOODS WERE TRANSPORTED IN TWO LOTS, ONE LEAVING SARATOGA SPRINGS ON JULY 20 AND THE OTHER ON JULY 23, APPEARS TO HAVE BEEN A MATTER WITHIN THE CONTROL OF THE CARRIER AND NOT THE RESULT OF INSTRUCTIONS BY MR. GLOEGE. MOVEMENT OF HOUSEHOLD GOODS TO LOCAL STORAGE ORDINARILY IS NOT REGARDED AS THE BEGINNING OF SHIPMENT IF THE CARRIER INVOLVED IS NOT INSTRUCTED TO TRANSPORT SUCH GOODS. HOWEVER, WHEN GOODS ARE TURNED OVER TO THE CARRIER WITH DIRECTIONS TO TRANSPORT THEM TO THE EMPLOYEE'S NEW STATION OR TO SOME ALTERNATE DESTINATION SHIPMENT BEGINS AT THE TIME EVEN THOUGH THE CARRIER MAY FOR ITS OWN REASONS KEEP THE GOODS IN STORAGE BEFORE ACTUAL TRANSPORTATION TO THE DESTINATION BEGINS.

ON THE BASIS OF THE FOREGOING WE MUST CONCLUDE THAT MR. GLOEGE WAS SUBJECT TO THE LIMITATION OF 7,000 POUNDS SO FAR AS CONCERNS HIS ENTITLEMENT TO TRANSPORTION OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE. HOWEVER, HE WOULD BE ENTITLED TO TEMPORARY STORAGE OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IN SPOKANE ON THE BASIS OF 8,000 POUNDS RATHER THAN BEING SUBJECT TO THE 7,000 POUND LIMITATION, SINCE IT IS EVIDENT THAT SUCH STORAGE BEGAN AFTER JULY 21, 1966.

THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT ONLY IN THE AMOUNT PROPERLY ALLOWABLE FOR TEMPORARY STORAGE OF THE ADDITIONAL 1,000 POUNDS OF HOUSEHOLD GOODS IN SPOKANE, WASHINGTON, IN ACCORDANCE WITH SECTION 6 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56.