B-166913, AUG. 7, 1969

B-166913: Aug 7, 1969

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHICH FURNITURE WAS PLACED IN STORAGE AFTER THE EMPLOYEE REPORTED TO THE NEW STATION MAY NOT HAVE THE FURNITURE REGARDED AS "ACQUIRED EN ROUTE" FOR ALLOWANCE OF TRANSPORTATION EXPENSES UNDER SECTION 6.3 OF BUREAU OF THE BUDGET CIRCULAR NO. WITH RESPECT TO THE TRANSPORTATION OF HOUSEHOLD GOODS WHICH WERE NOT WEIGHED OR MEASURED FOR CONSTRUCTIVE WEIGHT PURPOSES. YOUR REQUEST WAS FORWARDED TO US BY THE PER DIEM. 000 POUNDS AND TEMPORARY STORAGE THEREOF NOT TO EXCEED 60 DAYS WERE AUTHORIZED. THE SALES SLIP FURNISHED IS MARKED PAID IN FULL. WAS PLACED IN STORAGE ON JUNE 24. ELLISON REPORTED TO HIS NEW DUTY STATION AND THE FURNITURE WAS DELIVERED TO HIM ON JULY 6. THESE EXPENSES ARE ALLOWABLE WHETHER THE POINT OF DESTINATION IS THE NEW OFFICIAL STATION OR SOME OTHER POINT SELECTED BY THE EMPLOYEE.

B-166913, AUG. 7, 1969

CIVIL PAY - TRANSFERS - NEW FURNITURE DECISION TO A FINANCE AND ACCOUNTING OFFICER OF NATIONAL SECURITY AGENCY CONCERNING A CLAIM FOR REIMBURSEMENT OF TRANSPORTATION EXPENSES FOR NEW FURNITURE ON CHANGE OF STATION FROM PHILADELPHIA TO FORT GEORGE G. MEADE, MARYLAND. EMPLOYEE WHO 6 DAYS BEFORE TRAVELING TO NEW STATION PURCHASED NEW FURNITURE IN BALTIMORE, MD. WHICH FURNITURE WAS PLACED IN STORAGE AFTER THE EMPLOYEE REPORTED TO THE NEW STATION MAY NOT HAVE THE FURNITURE REGARDED AS "ACQUIRED EN ROUTE" FOR ALLOWANCE OF TRANSPORTATION EXPENSES UNDER SECTION 6.3 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56. WITH RESPECT TO THE TRANSPORTATION OF HOUSEHOLD GOODS WHICH WERE NOT WEIGHED OR MEASURED FOR CONSTRUCTIVE WEIGHT PURPOSES, THE COMMUTED RATE MAY NOT BE ALLOWED. IF AN ACCEPTABLE ESTIMATE AS REFERRED TO IN 28 COMP. GEN. 95 CAN BE FURNISHED PAYMENT ON AN ACTUAL EXPENSE BASIS MAY BE ALLOWED.

TO MAJOR J. E. INGLES, FC:

WE REFER TO YOUR MEMORANDUM OF MARCH 21, 1969, SERIAL: D5/0490F, SUBMITTING THE CLAIM OF MR. JEFFREY J. ELLISON, AN EMPLOYEE OF YOUR AGENCY, FOR REIMBURSEMENT OF TRANSPORTATION EXPENSES FOR NEW FURNITURE UPON A PERMANENT CHANGE OF STATION AND ASKING WHETHER THE CLAIM SHOULD BE DENIED OR PAID UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED. YOUR REQUEST WAS FORWARDED TO US BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE UNDER PDTATAC CONTROL NO. 69-11 ON MAY 7, 1969.

YOU POINT OUT THAT ON JUNE 14, 1968, AFTER SIGNING THE REQUIRED AGREEMENT, MR. ELLISON PERFORMED PERMANENT CHANGE OF STATION TRAVEL PER VERBAL ORDERS OF THE DIRECTOR, NATIONAL SECURITY AGENCY, FROM PHILADELPHIA, PENNSYLVANIA, TO FORT GEORGE G. MEADE, MARYLAND. CONFIRMATORY ORDERS ISSUED JULY 15, 1968, APPROVING SUCH TRAVEL TO BEGIN ON OR ABOUT JUNE 17, 1968, DIRECTED HIM TO REPORT TO HIS NEW DUTY STATION NOT LATER THAN JUNE 24, 1968. TRANSPORTATION OF HOUSEHOLD GOODS NOT TO EXCEED 5,000 POUNDS AND TEMPORARY STORAGE THEREOF NOT TO EXCEED 60 DAYS WERE AUTHORIZED. FURTHER, YOU POINT OUT THAT ON JUNE 8, 1968, 6 DAYS BEFORE THE PERFORMANCE OF SUCH TRAVEL, MR. ELLISON PURCHASED CERTAIN NEW FURNITURE IN BALTIMORE, MARYLAND. THE SALES SLIP FURNISHED IS MARKED PAID IN FULL, PRESUMABLY AS OF THE DATE OF PURCHASE. SUCH FURNITURE, THE RECORD SHOWS, WAS PLACED IN STORAGE ON JUNE 24, 1968, 10 DAYS AFTER MR. ELLISON REPORTED TO HIS NEW DUTY STATION AND THE FURNITURE WAS DELIVERED TO HIM ON JULY 6, 1968, AT HIS NEW DUTY STATION.

BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, SECTION 6.3,"AUTHORIZED POINTS OF ORIGIN AND DESTINATION FOR SHIPMENTS" READS, IN PERTINENT PART, AS FOLLOWS:

"ALLOWANCES OR REIMBURSEMENTS FOR TRANSPORTING HOUSEHOLD GOODS AND PERSONAL EFFECTS AUTHORIZED HEREIN MAY BE PAID WHETHER THE SHIPMENT ORIGINATES AT THE EMPLOYEE'S LAST OFFICIAL STATION OR PLACE OF ACTUAL RESIDENCE OR AT SOME OTHER POINT, OR IF PART OF THE SHIPMENT ORIGINATES AT THE LAST OFFICIAL STATION AND THE REMAINDER AT ONE OR MORE OTHER POINTS. SIMILARLY, THESE EXPENSES ARE ALLOWABLE WHETHER THE POINT OF DESTINATION IS THE NEW OFFICIAL STATION OR SOME OTHER POINT SELECTED BY THE EMPLOYEE, * * *. HOWEVER, THE TOTAL AMOUNT WHICH MAY BE PAID OR REIMBURSED BY THE GOVERNMENT SHALL NOT EXCEED THE COST OF TRANSPORTING THE PROPERTY IN ONE LOT BY THE MOST ECONOMICAL ROUTE FROM THE LAST OFFICIAL STATION OF THE TRANSFERRING EMPLOYEE * * * TO THE NEW OFFICIAL STATION. NO EXPENSES SHALL BE ALLOWABLE FOR TRANSPORTATION OF PROPERTY ACQUIRED EN ROUTE. * *

IN THIS CASE SINCE THE EMPLOYEE PURCHASED AND PAID IN FULL FOR HIS NEW FURNITURE PRIOR TO THE DATE HE PERFORMED HIS PERMANENT CHANGE OF STATION TRAVEL, WE CONCLUDE THAT SUCH NEW FURNITURE WAS NOT "ACQUIRED EN ROUTE" AS CONTEMPLATED BY THE ABOVE-QUOTED SECTION OR AFTER THE EFFECTIVE DATE OF HIS CHANGE OF STATION ORDERS (24 COMP. GEN. 69).

WE UNDERSTAND INFORMALLY THAT NO HOUSEHOLD GOODS WERE SHIPPED FROM PHILADELPHIA, THE OLD DUTY STATION, AND THAT ALL SUCH GOODS, GENERALLY IDENTIFIED IN A RECEIPT FURNISHED BY THE RELIABLE MOVING AND HAULING CO., INC., WERE TRANSPORTED FROM VARIOUS POINTS IN BALTIMORE, MARYLAND, TO COLLEGE PARK, MARYLAND, WHICH IS NEAR FT. MEADE, THE NEW DUTY STATION. FURTHER, WE INFORMALLY UNDERSTAND THAT SUCH GOODS WERE NOT WEIGHED NOR HAS ANY CONSTRUCTIVE WEIGHT BASED ON A CUBIC FOOT MEASUREMENT BEEN FURNISHED BY THE CLAIMANT. IN THE ABSENCE OF EVIDENCE OF ACTUAL WEIGHT OR OF CUBIC FOOTAGE OF PROPERLY LOADED VAN SPACE USED AS REQUIRED UNDER THE PROVISIONS OF JOINT TRAVEL REGULATIONS, VOLUME 2, PARAGRAPH C10201, THE COMMUTED RATE MAY NOT BE ALLOWED. ADDITIONALLY, UNLESS THE CLAIMANT CAN FURNISH AN ACCEPTABLE ESTIMATED WEIGHT FROM THE COMPANY WHICH MOVED HIS FURNITURE, NO BASIS EXISTS UPON THE RECORD FOR PAYMENT OF ANY AMOUNT IN THIS CASE. HOWEVER, IF HE CAN FURNISH AN ACCEPTABLE ESTIMATE AS REFERRED TO IN 28 COMP. GEN. 95, THERE WOULD BE A BASIS FOR PAYING THE ACTUAL EXPENSES INCURRED, BUT IN NO EVENT MAY THE AMOUNT EXCEED THE RATE FOR SUCH WEIGHT COMPUTED ON THE APPROPRIATE RATE AND SURCHARGE, IF ANY, IN THE APPLICABLE COMMUTED RATE SCHEDULE FOR THE DISTANCE SUCH FURNITURE WAS TRANSPORTED.

WITH RESPECT TO THE OTHER QUESTIONS PRESENTED BY YOU, WE POINT OUT THAT NO ANSWER IS REQUIRED FOR THE PURPOSES OF THIS CASE. ACCORDINGLY, AND IN VIEW OF VARIOUS FACTS AND CIRCUMSTANCES THAT COULD BE PERSUASIVE IN A DETERMINATION AS TO WHETHER TITLE TO PERSONAL PROPERTY DOES OR DOES NOT PASS, WE MUST DECLINE TO ANSWER THE OTHER QUESTIONS PRESENTED.

THE PAPERS SUBMITTED WITH YOUR REQUEST ARE RETURNED FOR PROCESSING IN ACCORDANCE WITH THE FOREGOING.