B-174794, FEB 8, 1972

B-174794: Feb 8, 1972

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CLAIMANT IS ENTITLED TO THE HIGHER COMMUTED RATE. IF SHE IS UNABLE TO FURNISH A REASONABLE EXPLANATION FOR THE PREMATURE SHIPMENT TO DALLAS. IT WILL BE NECESSARY TO DEDUCT EXCESS HANDLING AND DRAYAGE CHARGES FROM THE ACTUAL EXPENSES INCURRED. BOVINO: REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 17. MCREAVY WAS AUTHORIZED A CHANGE OF OFFICIAL DUTY STATION FROM AUSTIN. INCLUDED THEREIN WAS A PROVISION INDICATING THAT SHE WOULD BE REIMBURSED THOSE COSTS INCURRED INCIDENT TO THE TEMPORARY STORAGE OF HER HOUSEHOLD GOODS AND PERSONAL EFFECTS. MCREAVY IS SEEKING REIMBURSEMENT FOR HANDLING CHARGES AT BOTH THE OLD AND NEW DUTY STATIONS. TO THIS END SHE HAS INDICATED THAT THE STORAGE AND RELATED COSTS INCURRED AT THE NEW DUTY STATION WERE THE RESULT OF HER BEING UNABLE TO OCCUPY HER LEASED QUARTERS AT THAT LOCATION INASMUCH AS THEY WERE NOT READY FOR OCCUPANCY AT THE TIME HER HOUSEHOLD GOODS ARRIVED.

B-174794, FEB 8, 1972

CIVILIAN PERSONNEL - REIMBURSEMENT - TEMPORARY STORAGE CONCERNING CLAIM OF MARTHA L. W. MCREAVY FOR REIMBURSEMENT OF TEMPORARY STORAGE CHARGES INCIDENT TO HER CHANGE OF OFFICIAL DUTY STATION AS AN EMPLOYEE OF THE EQUAL OPPORTUNITY EMPLOYMENT COMMISSION. UNDER THE PROVISIONS OF OMB CIRCULAR A-56, CLAIMANT IS ENTITLED TO THE HIGHER COMMUTED RATE. HOWEVER, IF SHE IS UNABLE TO FURNISH A REASONABLE EXPLANATION FOR THE PREMATURE SHIPMENT TO DALLAS, IT WILL BE NECESSARY TO DEDUCT EXCESS HANDLING AND DRAYAGE CHARGES FROM THE ACTUAL EXPENSES INCURRED.

TO MR. VICTOR J. BOVINO:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 17, 1971, WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO WHETHER THE ENCLOSED VOUCHER IN FAVOR OF MRS. MARTHA L. W. MCREAVY, AN EMPLOYEE OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, MAY BE CERTIFIED FOR PAYMENT UNDER THE CIRCUMSTANCES HEREINAFTER DESCRIBED.

THE RECORD SHOWS THAT BY TRAVEL AUTHORIZATION NO. EEOC 71-1513 DATED APRIL 28, 1971, MRS. MCREAVY WAS AUTHORIZED A CHANGE OF OFFICIAL DUTY STATION FROM AUSTIN, TEXAS, TO DALLAS, TEXAS. INCLUDED THEREIN WAS A PROVISION INDICATING THAT SHE WOULD BE REIMBURSED THOSE COSTS INCURRED INCIDENT TO THE TEMPORARY STORAGE OF HER HOUSEHOLD GOODS AND PERSONAL EFFECTS.

THE RECORD FURTHER INDICATES THAT MRS. MCREAVY IS SEEKING REIMBURSEMENT FOR HANDLING CHARGES AT BOTH THE OLD AND NEW DUTY STATIONS. TO THIS END SHE HAS INDICATED THAT THE STORAGE AND RELATED COSTS INCURRED AT THE NEW DUTY STATION WERE THE RESULT OF HER BEING UNABLE TO OCCUPY HER LEASED QUARTERS AT THAT LOCATION INASMUCH AS THEY WERE NOT READY FOR OCCUPANCY AT THE TIME HER HOUSEHOLD GOODS ARRIVED.

WITH RESPECT TO THE INSTANT CLAIM YOU HAVE STATED:

"MRS. MCREAVY IS CLAIMING THIRTY DAYS STORAGE AND HANDLING CHARGES AT BOTH AUSTIN AND DALLAS. ORDINARILY, WE ALLOW HANDLING CHARGES AT ONLY ONE LOCATION. WE FIND NO DECISION ESTABLISHING A PRECEDENT REGARDING HANDLING CHARGES AT BOTH ORIGIN AND DESTINATION, SO WE HAVE ALLOWED SIXTY DAYS STORAGE, PLUS HANDLING AT ONE POINT, AND SUSPENDED $84.85 FOR THE ONE HANDLING."

YOU THEREFORE REQUEST OUR DECISION AS TO WHETHER MRS. MCREAVY IS ENTITLED TO REIMBURSEMENT FOR ALL OR ANY PART OF THE HANDLING COSTS CLAIMED.

UNDER THE REGULATIONS CONTAINED IN OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56 WHEN AN EMPLOYEE MAKES HIS OR HER OWN ARRANGEMENTS FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS, THE COMMUTED RATE SYSTEM APPLIES BUT ANY REIMBURSEMENT UNDER THE COMMUTED RATE SYSTEM SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE STORAGE. THE REGULATIONS ALSO PROVIDE FOR STORAGE NOT IN EXCESS OF 60 DAYS AT POINT OF DEPARTURE, DESTINATION, OR WAY STATION.

IN THE INSTANT CASE, OUR VIEW IS THAT THE HIGHER COMMUTED RATE APPLICABLE TO DALLAS SHOULD BE USED IN COMPUTING THE EMPLOYEE'S MAXIMUM ENTITLEMENT. THE COMMUTED RATES SET FORTH IN THE GENERAL SERVICES ADMINISTRATION REGULATIONS APPLICABLE TO DALLAS FOR THE PERIOD HERE INVOLVED SHOW A RATE OF $4.30 PER HUNDRED FOR THE FIRST 30 DAYS OF STORAGE AND 75[ PER HUNDRED FOR THE NEXT 30 DAYS. THIS PRODUCES A TOTAL OF $297.95 (5900 X $5.05). WE DO NOT UNDERSTAND THE FIGURES USED IN YOUR LETTER AS TO THE COMMUTED RATE APPLICABLE.

THE ACTUAL EXPENSES INCURRED IN AUSTIN AND DALLAS FOR STORAGE (OTHER THAN INSURANCE WHICH IS NOT ALLOWABLE) AMOUNTED TO $159.30 AND $233.05 RESPECTIVELY OR A TOTAL OF $392.35. HOWEVER, IN THE COMPARISON OF ACTUAL EXPENSES WITH THE COMMUTED RATE THERE IS FOR CONSIDERATION WHETHER THE ADDITIONAL EXPENSES FOR DRAYAGE AND WAREHOUSE HANDLING AT ONE OF THE LOCATIONS SHOULD BE DEDUCTED FROM THE ACTUAL EXPENSES. WHILE MRS. MCREAVY STATES THE STORAGE IN DALLAS WAS NECESSARY BECAUSE HER APARTMENT WAS NOT READY WHEN HER GOODS ARRIVED FROM AUSTIN, THERE IS NO SHOWING AS TO WHY SHE COULD NOT HAVE PERMITTED THE GOODS TO REMAIN IN STORAGE IN AUSTIN UNTIL HER APARTMENT WAS READY IN DALLAS. IF THE EMPLOYEE, WHEN SHE DIRECTED SHIPMENT OF HER EFFECTS TO DALLAS, WAS UNAWARE THAT HER APARTMENT WOULD NOT BE READY THEN SHE IS ENTITLED TO THE COMMUTED RATE APPLICABLE TO DALLAS AS PREVIOUSLY INDICATED. ON THE OTHER HAND, IF SHE IS UNABLE TO FURNISH A REASONABLE EXPLANATION OF THE PREMATURE SHIPMENT TO DALLAS, IT WILL BE NECESSARY TO DEDUCT EXCESS HANDLING AND DRAYAGE CHARGES FROM THE ACTUAL EXPENSES INCURRED. THE EXPENSES OF THAT NATURE IN AUSTIN SHOULD BE USED SINCE THEY ARE LOWER, $88.50 35.40 OR $123.90, AND RESULT IN A GREATER BENEFIT TO THE EMPLOYEE. DEDUCTING $123.90 FROM THE ACTUAL EXPENSES OF $392.35 LEAVES A BALANCE OF $268.45. SINCE SUCH BALANCE WOULD BE LESS THAN THE COMMUTED RATE IN DALLAS, THEN THAT IS THE AMOUNT REIMBURSABLE ($268.45).

THE VOUCHER, WITH ACCOMPANYING PAPERS, IS RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE ABOVE.