B-176064, JUL 10, 1972

B-176064, JUL 10, 1972

CIVILIAN EMPLOYEE - CHANGE OF STATION - TRANSPORTATION OF HOUSEHOLD EFFECTS - REIMBURSEMENT CONCERNING THE ENTITLEMENT OF JOHN E. LESHKO TO REIMBURSEMENT OF TRANSPORTATION OF HOUSEHOLD EFFECTS INCIDENT TO A PERMANENT CHANGE OF STATION. SECTION 1.3D OF OMB CIRCULAR NO. A-56, AS REVISED OCTOBER 12, 1966, PERMITS REIMBURSEMENT OF SUCH COSTS FOR TWO YEARS FROM THE EFFECTIVE DATE OF THE EMPLOYEE'S TRANSFER. THE COMP. GEN. HAS PREVIOUSLY HELD THAT THE TWO-YEAR PERIOD COMMENCES WHEN THE CARRIER'S LIABILITY ATTACHES TO THE SHIPMENT. 20 COMP. GEN. 568 (1941). ACCORDINGLY, SINCE MR. LESHKO'S GOODS WERE SHIPPED MORE THAN TWO YEARS AFTER HE BEGAN HIS TOUR AT THE NEW DUTY STATION, THE VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT.

TO MR. CHARLES B. MORMAN:

THIS REFERS TO YOUR LETTER OF MAY 17, 1972, REFERENCE BR341, WITH ENCLOSURES, FORWARDED HERE BY THE DIRECTOR OF FINANCIAL MANAGEMENT ON MAY 23, 1972, REFERENCE BFG, FOR AN ADVANCE DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER IN FAVOR OF MR. JOHN E. LESHKO FOR REIMBURSEMENT OF $225.05 REPRESENTING REIMBURSEMENT OF TRANSPORTATION EXPENSES OF HOUSEHOLD EFFECTS INCIDENT TO A PERMANENT CHANGE OF STATION.

BY CHANGE OF STATION ORDER OF DECEMBER 6, 1968, MR. LESHKO WAS TRANSFERRED FROM HOUSTON, TEXAS, TO DOVER, DELAWARE, EFFECTIVE DECEMBER 1, 1968. NO REIMBURSEMENT WAS AUTHORIZED SINCE MR. LESHKO HAD BEEN ON TEMPORARY DUTY AT DOVER SINCE MAY 24, 1968. THE ORDERS WERE AMENDED OCTOBER 27, 1970, TO AUTHORIZE SHIPMENT OF HOUSEHOLD GOODS NOT TO EXCEED 5,000 POUNDS.

5 U.S.C. 5724 PERTAINING TO TRAVEL AND TRANSPORTATION EXPENSES OF EMPLOYEES TRANSFERRED AUTHORIZES UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, THE TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FOR CIVILIAN OFFICERS OR EMPLOYEES TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER. SECTION 1.3D OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, AS REVISED OCTOBER 12, 1966, ISSUED PURSUANT TO THAT ACT, AND APPLICABLE HERE, PROVIDES IN PERTINENT PART THAT:

"*** ALL TRAVEL, INCLUDING THAT FOR THE IMMEDIATE FAMILY, AND TRANSPORTATION, INCLUDING THAT FOR HOUSEHOLD GOODS AND PERSONAL EFFECTS ALLOWED UNDER THESE REGULATIONS, SHOULD BE ACCOMPLISHED AS SOON AS POSSIBLE. THE MAXIMUM TIME FOR BEGINNING ALLOWABLE TRAVEL AND TRANSPORTATION WILL NOT EXCEED TWO YEARS FROM THE EFFECTIVE DATE OF THE EMPLOYEE'S TRANSFER ***"

THE PROVISIONS OF THIS STATUTORY REGULATION MAY NOT BE WAIVED OR DISREGARDED.

THE EFFECTIVE DATE OF THE TRANSFER OF AN EMPLOYEE TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER IN THE SAME DEPARTMENT OR AGENCY IS THE DATE HE ENTERS UPON DUTY AT THE NEW OFFICIAL STATION, OR IF HE IS ALREADY PERFORMING TEMPORARY DUTY UNDER COMPETENT ORDERS AT THE NEW STATION, THE TRANSFER IS EFFECTIVE UPON THE DATE HE RECEIVES NOTICE THEREOF. 26 COMP. GEN. 293 (1946); 28 ID. 285 (1948); 29 ID. 100 (1949).

IN APPLYING THE WORDS "TRANSPORTATION WILL NOT EXCEED TWO YEARS FROM THE EFFECTIVE DATE OF THE EMPLOYEE'S TRANSFER" APPEARING IN SECTION 1.3D OF CIRCULAR NO. A-56, IT IS PROPER TO COMPUTE THE BEGINNING OF THE 2-YEAR PERIOD FROM THE TIME THE COMMON CARRIER'S LIABILITY ATTACHES TO THE SHIPMENT, NAMELY, THE TIME THE CARRIER RECEIVES THE GOODS WITH AN ORDER TO FORWARD THEM TO A PARTICULAR DESTINATION. SEE 20 COMP. GEN. 568 (1941). A GOVERNMENT BILL OF LADING SHOWS THAT THE GLOBAL VAN LINES PICKED UP 1,100 POUNDS OF HOUSEHOLD GOODS APRIL 12, 1971, AT CLEAR LAKE CITY, TEXAS, FOR DELIVERY TO THE EMPLOYEE'S NEW DUTY STATION WHICH WAS MORE THAN 2 YEARS AFTER THE EFFECTIVE DATE OF THE TRANSFER.

SINCE THE TRANSPORTATION OF MR. LESHKO'S HOUSEHOLD GOODS OCCURRED MORE THAN 2 YEARS AFTER HE ENTERED ON DUTY AT HIS NEW DUTY STATION, NO LEGAL BASIS EXISTS UPON WHICH PAYMENT MAY BE MADE. ACCORDINGLY, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.