B-165332, OCT. 11, 1968

B-165332: Oct 11, 1968

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BLACKWELL: WE ARE IN RECEIPT OF YOUR LETTER OF SEPTEMBER 24. PARAGRAPH 4.D (1) AS QUOTED IN YOUR LETTER IS THE APPLICABLE REGULATION PRESCRIBING THE METHOD TO BE USED IN DETERMINING THE AMOUNT DUE UNDER THE COMMUTED RATE SYSTEM. ISSUED PURSUANT THERETO PAYMENT ON A COMMUTED BASIS IS THE ONLY AUTHORIZED METHOD OF REIMBURSING CIVILIAN EMPLOYEES FOR THE COST OF TRANSPORTATION OF THEIR HOUSEHOLD EFFECTS INCIDENT TO A TRANSFER FROM ONE PERMANENT STATION TO ANOTHER WITHIN THE CONTINENTAL UNITED STATES. WE HAVE NO AUTHORITY TO DISREGARD THE EXPRESS PROVISIONS OF THE APPLICABLE STATUTORY REGULATIONS IN DETERMINING THE REIMBURSEMENT DUE IN SUCH CASES BUT RATHER MUST APPLY THE APPLICABLE REGULATIONS IN EFFECT AT THE TIME THE TRANSPORTATION CHARGES WERE INCURRED.

B-165332, OCT. 11, 1968

TO MRS. NEDRA A. BLACKWELL:

WE ARE IN RECEIPT OF YOUR LETTER OF SEPTEMBER 24, 1968, YOUR REFERENCE 360, REQUESTING OUR ADVICE AS TO WHETHER A VOUCHER TRANSMITTED THEREWITH COVERING REIMBURSEMENT FOR TRANSPORTATION EXPENSES UNDER THE COMMUTED RATE SYSTEM MAY PROPERLY BE CERTIFIED FOR PAYMENT EVEN THOUGH THE AMOUNT STATED THEREON EXCEEDS THE CLAIMANT'S ACTUAL EXPENSES FOR THE SHIPMENT.

THE VOUCHER IN QUESTION INVOLVES A MOVE FROM CONRAD, MONTANA, TO GRAND COULEE, WASHINGTON, A DISTANCE OF 523 MILES AS SHOWN IN THE APPLICABLE MILEAGE GUIDE FILED WITH THE INTERSTATE COMMERCE COMMISSION. THE CARRIER BILLED THE CLAIMANT ON THE BASIS OF 411 MILES AND YOU EXPRESS SOME DOUBT IN REIMBURSING THE CLAIMANT FOR THE FULL NUMBER OF MILES SHOWN ON THE APPLICABLE MILEAGE GUIDE.

BUREAU OF THE BUDGET CIRCULAR NO. A-56, SECTION 6, PARAGRAPH 4.D (1) AS QUOTED IN YOUR LETTER IS THE APPLICABLE REGULATION PRESCRIBING THE METHOD TO BE USED IN DETERMINING THE AMOUNT DUE UNDER THE COMMUTED RATE SYSTEM. UNDER 5 U.S.C. 5724 AND EXECUTIVE ORDER 11230, AS AMENDED, ISSUED PURSUANT THERETO PAYMENT ON A COMMUTED BASIS IS THE ONLY AUTHORIZED METHOD OF REIMBURSING CIVILIAN EMPLOYEES FOR THE COST OF TRANSPORTATION OF THEIR HOUSEHOLD EFFECTS INCIDENT TO A TRANSFER FROM ONE PERMANENT STATION TO ANOTHER WITHIN THE CONTINENTAL UNITED STATES. WE HAVE NO AUTHORITY TO DISREGARD THE EXPRESS PROVISIONS OF THE APPLICABLE STATUTORY REGULATIONS IN DETERMINING THE REIMBURSEMENT DUE IN SUCH CASES BUT RATHER MUST APPLY THE APPLICABLE REGULATIONS IN EFFECT AT THE TIME THE TRANSPORTATION CHARGES WERE INCURRED. B-153015, DECEMBER 23, 1963. SEE ALSO 27 COMP. GEN. 740; 32 COMP. GEN. 286.

THEREFORE, THE ATTACHED VOUCHER COMPUTED IN ACCORDANCE WITH THE APPLICABLE REGULATION MAY BE CERTIFIED FOR PAYMENT.