B-165676, JAN. 6, 1969

B-165676: Jan 6, 1969

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THE PERTINENT FACTS TRANSMITTED HERE ARE AS FOLLOWS: ON SEPTEMBER 24. SHIRLEY WAS TRANSFERRED FROM ORLANDO. 200 POUNDS FROM ORLANDO TO ATLANTA FOR WHICH HE WAS REIMBURSED $215.66 BASED ON A RATE PER HUNDREDWEIGHT OF $9.80. HE MADE A SECOND SHIPMENT OF 229 POUNDS FOR WHICH HE WAS REIMBURSED $22.44 BASED UPON THE SAME RATE PER HUNDREDWEIGHT. WHERE HIS WIFE WAS LIVING AND MAINTAINED A HOME. THE RECORD IS NOT ENTIRELY CLEAR AS TO HOW MUCH THE EMPLOYEE WAS REIMBURSED FOR THIS LAST SHIPMENT. THE QUESTION IS RAISED AS TO HIS ENTITLEMENT TO ANY REIMBURSEMENT FOR SUCH LAST SHIPMENT ON THE BASIS THAT IT MIGHT BE REGARDED AS A SHIPMENT PRIMARILY FOR THE CONVENIENCE OF THE EMPLOYEE RATHER THAN BEING INCIDENT TO A TRANSFER IN THE INTEREST OF THE GOVERNMENT.

B-165676, JAN. 6, 1969

TO CAPTAIN J. E. DUNKLEY:

WE REFER TO YOUR LETTER OF NOVEMBER 7, 1968, TRANSMITTED HERE ON NOVEMBER 21, 1968, BY THE CHIEF, ACCOUNTING AND FINANCE DIVISION, OFFICE OF THE COMPTROLLER GENERAL, DEFENSE SUPPLY AGENCY, WHEREIN YOU REQUEST A DECISION CONCERNING THE PROPRIETY OF PAYMENT OF A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MR. HERMAN B. SHIRLEY COVERING TRANSPORTATION OF HOUSEHOLD GOODS BETWEEN ORLANDO, FLORIDA, AND JACKSON, MISSISSIPPI, INCIDENT TO A TRANSFER OF OFFICIAL STATION BETWEEN ORLANDO, FLORIDA, AND ATLANTA, GEORGIA.

THE PERTINENT FACTS TRANSMITTED HERE ARE AS FOLLOWS: ON SEPTEMBER 24, 1965, MR. SHIRLEY WAS TRANSFERRED FROM ORLANDO, FORIDA, TO ATLANTA, GEORGIA, AND REPORTED TO HIS NEW DUTY STATION ON OCTOBER 21, 1965. MADE AN INITIAL SHIPMENT OF HOUSEHOLD EFFECTS IN THE AMOUNT OF 2,200 POUNDS FROM ORLANDO TO ATLANTA FOR WHICH HE WAS REIMBURSED $215.66 BASED ON A RATE PER HUNDREDWEIGHT OF $9.80. ON OCTOBER 20, 1965, HE MADE A SECOND SHIPMENT OF 229 POUNDS FOR WHICH HE WAS REIMBURSED $22.44 BASED UPON THE SAME RATE PER HUNDREDWEIGHT. THEREAFTER, IN SEPTEMBER 1967 WITHIN THE 2-YEAR LIMIT SPECIFIED IN BUREAU OF THE BUDGET CIRCULAR NO. A- 56 (SEE SECTION 1.3D), HE SHIPPED 4,070 POUNDS OF EFFECTS FROM ORLANDO TO JACKSON, MISSISSIPPI, WHERE HIS WIFE WAS LIVING AND MAINTAINED A HOME. THE RECORD IS NOT ENTIRELY CLEAR AS TO HOW MUCH THE EMPLOYEE WAS REIMBURSED FOR THIS LAST SHIPMENT. HOWEVER, THE QUESTION IS RAISED AS TO HIS ENTITLEMENT TO ANY REIMBURSEMENT FOR SUCH LAST SHIPMENT ON THE BASIS THAT IT MIGHT BE REGARDED AS A SHIPMENT PRIMARILY FOR THE CONVENIENCE OF THE EMPLOYEE RATHER THAN BEING INCIDENT TO A TRANSFER IN THE INTEREST OF THE GOVERNMENT.

WHILE IT IS TRUE THAT UNDER THE APPLICABLE LAW AND REGULATIONS THE TRANSFER OF AN EMPLOYEE FROM ONE OFFICIAL STATION TO ANOTHER MUST BE IN THE INTEREST OF THE GOVERNMENT AND NOT PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE EMPLOYEE IN ORDER TO ENTITLE HIM TO REIMBURSEMENT FOR THE TRANSPORTATION OF HIS EFFECTS, IT IS SIGNIFICANT THAT SUCH PROVISIONS APPLY ONLY TO THE TRANSFER OF THE EMPLOYEE AND ARE NOT FOR CONSIDERATION IN DETERMINING THE POINTS BETWEEN WHICH AN EMPLOYEE'S EFFECTS MAY BE SHIPPED. WHEN AN EMPLOYEE PERFORMS AN OFFICIAL CHANGE OF STATION PURSUANT TO PROPER ORDERS THAT WERE ISSUED IN THE INTEREST OF THE GOVERNMENT HE IS PERMITTED TO SHIP HIS EFFECTS FROM ANY POINT TO ANY POINT. HOWEVER, THE TOTAL AMOUNT FOR WHICH HE MAY BE REIMBURSED MAY NOT EXCEED THE COST OF TRANSPORTATION OF EFFECTS IN ONE LOT BY THE MOST ECONOMICAL ROUTE FROM THE LAST OFFICIAL STATION TO THE NEW OFFICIAL STATION. SEE SECTION 6.3 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56.

IT FOLLOWS THAT SINCE THE EFFECTS WERE SHIPPED WITHIN THE 2-YEAR TIME LIMIT AUTHORIZED UNDER THE CONTROLLING REGULATIONS THE EMPLOYEE IS ENTITLED TO REIMBURSEMENT FOR ALL THREE SHIPMENTS BUT IN AN AMOUNT NOT TO EXCEED THE CONSTRUCTIVE COST OF SHIPPING THE EFFECTS FROM THE OLD STATION TO THE NEW STATION IN ONE LOT. IN SUCH CONNECTION WE HAVE HELD THAT WHEN MORE THAN ONE SHIPMENT IS INVOLVED THE MAXIMUM ALLOWANCE UNDER SECTION 6.3, ABOVE, WOULD BE THE COST OF TRANSPORTING THE PROPERTY IN ONE LOT UNDER THE MOST FAVORABLE RATE. SEE DECISION OF AUGUST 10, 1967, B- 162065. IN THE INSTANT CASE THAT WOULD BE THE RATE IN EFFECT IN SEPTEMBER 1967, I.E., 6,499 LBS. $8.75 CWT (438 MILES) OR $568.66 PLUS THE $4.87 SURCHARGE TOTALING $573.53.

IN ACCORDANCE WITH THE FOREGOING THE VOUCHER WITH ATTACHMENTS IS RETURNED HEREWITH FOR RECOMPUTATION AND THE DIFFERENCE BETWEEN THE AMOUNT PREVIOUSLY PAID AND $573.53 MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.

THE APPROPRIATION CHARGEABLE WITH THE SHIPMENT OF THE EFFECTS IS THAT IN EFFECT DURING THE FISCAL YEAR IN WHICH THE GOODS WERE TURNED OVER TO THE CARRIER FOR SHIPMENT (31 COMP. GEN. 471).