B-180748, OCT 3, 1974

B-180748: Oct 3, 1974

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IS NOT ENTITLED TO TEMPORARY QUARTERS ALLOWANCE FOR QUARTERS OCCUPIED WITH HIS FAMILY WITHIN 30 DAYS OF THEIR ARRIVAL SINCE QUARTERS VACATED BY FAMILY WERE NOT SITUATED AT HIS OLD OFFICIAL STATION AS IS REQUIRED IN SECTION 2-5.2E OF FPMR 101-7 WHEN OCCUPANCY OF TEMPORARY QUARTERS DOES NOT COMMENCE WITHIN 30 DAYS OF EMPLOYEE'S TRANSFER. 2. WHOSE FAMILY REMAINED IN FLORIDA RESIDENCE UNTIL IT WAS SOLD ALMOST TWO YEARS AFTER HIS TRANSFER FROM PITTSBURGH TO WASHINGTON. IS NOT ENTITLED TO REIMBURSEMENT OF REAL ESTATE EXPENSES INCIDENT THERETO SINCE 5 U.S.C. 5724A AND IMPLEMENTING REGULATIONS IN SECTIONS 2-1.41 AND 2-6.1 IN FPMR 101-7. IS ENTITLED UNDER 5 U.S.C. 5724 AND IMPLEMENTING REGULATIONS IN SECTIONS 2 -2.2 AND 2-8.2D OF FPMR 101-7 - IN EFFECT AT TIME OF TRANSPORTATION OF HIS FAMILY AND HOUSEHOLD GOODS TO WASHINGTON TO REIMBURSEMENT ON BASIS OF ALLOWABLE COST TO GOVERNMENT OF SUCH TRANSPORTATION FORM HIS OLD TO HIS NEW OFFICIAL STATIONS.

B-180748, OCT 3, 1974

1. EMPLOYEE LIVING IN FLORIDA AT TIME OF REINSTATEMENT IN MANPOWER SHORTAGE POSITION IN PITTSBURGH, WHOSE FAMILY CONTINUED TO RESIDE IN FLORIDA UNTIL ALMOST TWO YEARS AFTER HIS TRANSFER FROM PITTSBURGH TO WASHINGTON, IS NOT ENTITLED TO TEMPORARY QUARTERS ALLOWANCE FOR QUARTERS OCCUPIED WITH HIS FAMILY WITHIN 30 DAYS OF THEIR ARRIVAL SINCE QUARTERS VACATED BY FAMILY WERE NOT SITUATED AT HIS OLD OFFICIAL STATION AS IS REQUIRED IN SECTION 2-5.2E OF FPMR 101-7 WHEN OCCUPANCY OF TEMPORARY QUARTERS DOES NOT COMMENCE WITHIN 30 DAYS OF EMPLOYEE'S TRANSFER. 2. EMPLOYEE LIVING IN FLORIDA AT TIME OF REINSTATEMENT IN MANPOWER SHORTAGE POSITION IN PITTSBURGH, WHOSE FAMILY REMAINED IN FLORIDA RESIDENCE UNTIL IT WAS SOLD ALMOST TWO YEARS AFTER HIS TRANSFER FROM PITTSBURGH TO WASHINGTON, IS NOT ENTITLED TO REIMBURSEMENT OF REAL ESTATE EXPENSES INCIDENT THERETO SINCE 5 U.S.C. 5724A AND IMPLEMENTING REGULATIONS IN SECTIONS 2-1.41 AND 2-6.1 IN FPMR 101-7, REQUIRE AS CONDITION FOR REIMBURSEMENT THAT SOLD RESIDENCE BE SITUATED AT EMPLOYEE'S OLD "OFFICIAL STATION", AS DEFINED IN SECTION 2-1.41 TO MEAN "RESIDENCE OR OTHER QUARTERS FROM WHICH THE EMPLOYEE REGULARLY COMMUTES TO AND FROM WORK." 3. EMPLOYEE TRANSFERRED FROM PITTSBURGH TO WASHINGTON WHOSE FAMILY RESIDED IN FLORIDA UNTIL ALMOST 2 YEARS AFTER HIS TRANSFER TO WASHINGTON, IS ENTITLED UNDER 5 U.S.C. 5724 AND IMPLEMENTING REGULATIONS IN SECTIONS 2 -2.2 AND 2-8.2D OF FPMR 101-7 - IN EFFECT AT TIME OF TRANSPORTATION OF HIS FAMILY AND HOUSEHOLD GOODS TO WASHINGTON TO REIMBURSEMENT ON BASIS OF ALLOWABLE COST TO GOVERNMENT OF SUCH TRANSPORTATION FORM HIS OLD TO HIS NEW OFFICIAL STATIONS, INCLUDING COST OF FAMILY'S TRAVEL TO AND FROM AIRPORT (SECTIONS 1-2.3C AND 1 4.2C(1); PAYMENT OF AUTHORIZED PER DIEM (SECTION 2-2.2B) AND TEMPORARY STORAGE (SECTION 2-8.5B(1)). THIS IS IN RESPONSE TO A REQUEST FOR RECONSIDERATION OF THE ACTION TAKEN BY OUR TRANSPORTATION AND CLAIMS DIVISION SETTLEMENT OF MAY 21, 1974, ALLOWING $1,488.10 AND DISALLOWING $5,390.63 ON THE VOUCHER OF CLARENCE G. MENKE REPRESENTING TRANSPORTATION AND RELOCATION EXPENSES INCIDENT TO HIS TRANSFER ON NOVEMBER 14, 1971, FROM PITTSBURGH, PENNSYLVANIA TO WASHINGTON, D.C. THE RECORD INDICATES THAT MR. MENKE WAS REINSTATED ON JULY 1, 1970,S FAVOR IN THIS AMOUNT IN DUE COURSE.

IN A MANPOWER SHORTAGE CATEGORY POSITION WITH THE BUREAU OF MINES AT BRUCETON, PENNSYLVANIA - IN THE VICINITY OF PITTSBURGH - AND THAT HE WAS ON TEMPORARY DETAIL IN WASHINGTON PRIOR TO HIS TRANSFER THERETO IN NOVEMBER 1971. HIS FAMILY REMAINED IN COCOA BEACH, FLORIDA, WHICH WAS THE EMPLOYEE'S RESIDENCE AT THE TIME OF HIS REINSTATEMENT, UNTIL OCTOBER 1, 1973, WHEN THEY TRAVELED TO WASHINGTON BY COMMERCIAL AIR CARRIER. THEIR RESIDENCE WAS SOLD ON SEPTEMBER 24, 1973, AND THEIR HOUSEHOLD GOODS (8,240 POINDS) WERE SHIPPED TO AN APARTMENT IN GAITHERSBURG, MARYLAND, ON SEPTEMBER 27, 1973, WITH THE EXCEPTION OF ABOUT 2,260 POINDS THAT WERE PLACED IN TEMPORARY SHORTAGE IN ALEXANDRIA, VIRGINIA.

A COPY OF THE EMPLOYEE'S TRAVEL ORDER DATED OCTOBER 14, 1971, SHOWS IN PERTINENT PART AS FOLLOWS:

ITEM 10. "PURPOSE AND REMARKS: PERMANENT CHANGE OF STATION FROM PITTSBURGH, PENNSYLVANIA TO WASHINGTON, D.C. SEE ATTACHED PERSONNEL ACTION WHICH IS PART OF THIS TRAVEL AUTHORIZATION. PROVISIONS OF P.L. 89-516 WILL APPLY TO TRAVEL. FAMILY LOCATED IN COCOA BEACH, FLORIDA AND WILL TRAVEL FROM THERE. FAMILY DID NOT ACCOMPANY EMPLOYEE TO DUTY STATION IN PITTSBURGH."

ITEM 11. "PER DIEM ALLOWANCE: $20 - EMPLOYEE; $15 EACH - WIFE AND 2 CHILDREN, AGE 14 AND 12; $10 - 1 CHILD, AGE 9."

ITEM 25. "TEMPORARY QUARTERS ALLOWANCE."

ITEM 26. "MISCELLANEOUS EXPENSE $200; REIMBURSABLE COST OF SALE OF HOUSE, $2,820; REIMBURSABLE COST OF PURCHASING NEW HOME, $2,500."

MR. MENKE URGES THAT HE IS ENTITLED TO REIMBURSEMENT OF $6,878.73 AS CLAIMED SINCE HE ENTERED INTO THE OFFICIAL MOVE FOR THE CONVENIENCE OF THE GOVERNMENT AND IN GOOD FAITH THAT EXPENSES AS DESIGNATED IN HIS TRAVEL ORDER WOULD BE REIMBURSED. THIS AMOUNT CLAIMED WAS INCIDENT TO HIS TRANSFER FROM PITTSBURGH TO WASHINGTON, D.C.

IN THE CIRCUMSTANCES OF MR. MENKE'S CASE AND FOR THE REASONS STATED BELOW, REIMBURSEMENT OF REAL ESTATE EXPENSES INCIDENT TO THE SALE OF HIS RESIDENCE AND THE PAYMENT OF THE TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE FOR THE PARTICULAR PERIOD CLAIMED, WERE NOT LEGALLY AUTHORIZED EVEN THOUGH HIS TRAVEL ORDERS MAY HAVE ERRONEOUSLY PURPORTED TO DO SO.

AS INDICATED IN MR. MENKE'S TRAVEL AUTHORIZATION BY THE REFERENCE TO PUBLIC LAW 89-516, 5 U.S.C. 5724A, A TRAVEL AUTHORIZATION CANNOT CONFER ANY ENTITLEMENTS OR LEGAL RIGHTS EXCEPT AS AUTHORIZED AND UNDER THE CONDITIONS IMPOSED BY APPLICABLE LAW. EVEN THOUGH MR. MENKE MIGHT HAVE BEEN MISINFORMED AS TO HIS ENTITLEMENTS WITH REGARD TO HIS CHANGE-OF DUTY STATION, IT IS WELL SETTLED THAT, WHEN A GOVERNMENT EMPLOYEE ACTS OUTSIDE THE SCOPE OF THE AUTHORITY ACTUALLY HELD BY HIM, THE UNITED STATES IS NOT ESTOPPED TO DENY HIS UNAUTHORIZED OR MISLEADING REPRESENTATIONS, COMMITMENTS, OR ACTS, BECAUSE THOSE WHO DEAL WITH A GOVERNMENT AGENT, OFFICER, OR EMPLOYEE ARE DEEMED TO HAVE NOTICE OF THE LIMITATIONS ON HIS AUTHORITY, AND ALSO BECAUSE EVEN THOUGH A PRIVATE INDIVIDUAL MIGHT BE ESTOPPED, THE PUBLIC SHOULD NOT SUFFER FOR THE ACT OR REPRESENTATION OF A SINGLE GOVERNMENT AGENT. UTAL POWER & LIGHT CO. V. UNITED STATES, 243 U.S. 389 (1917); BIANCO V. UNITED STATES, 171 CT. CL. 719 (1965); BORNSTEIN V. UNITED STATES, 170 CT. CL. 576, 345 F.2D 558 (1965); POTTER V. UNITED STATES, 167 CT. CL. 28 (1964), CERT DENIED, 382 U.S. 817 (1965); VOGT BROS. MFG. CO. V. UNITED STATES, 160 CT. CL. 687 (1963); BYRNE ORGANIZATION, INC. V. UNITED STATES, 152 CT. CL. 578,287 F.2D 282 (1961); NATIONAL ELECTRONICS LAB., INC. V. UNITED STATES, 148 CT. CL. 308 (1960). THE GOVERNMENT IS NOT ESTOPPED FROM REPUDIATING ADVICE GIVEN BY ONE OF ITS OFFICIALS IF THAT ADVICE IS ERRONEOUS. VON KALINOWSKI V. UNITED STATES, 151 CT. CL. 172 (1960), CERT. DENIED, 368 U.S. 829 (1971). WHERE A GOVERNMENT OFFICIAL APPROVES AND PROMISES REIMBURSEMENT BEYOND THAT ALLOWED BY APPLICABLE LAW, ANY PAYMENTS MADE UNDER SUCH UNAUTHORIZED ACTIONS ARE RECOVERABLE BY THE GOVERNMENT. W. PENN HOROLOGICAL INST. UNITED STATES, 146 CT. CL. 540 (1959).

MR. MENKE'S ENTITLEMENTS ARE GOVERNED BY THE LAW APPLICABLE TO TRANSFERRED EMPLOYEES AS SET FORTH IN 5 U.S.C. 5701-5707 AND 5724 5724A, AND IN IMPLEMENTING REGULATIONS IN EFFECT AT THE TIME OF HIS TRANSFER TO WASHINGTON, AS PUBLISHED IN OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULAR NO. A-56, REVISED AUGUST 17, 1971, AND IN FEDERAL PROPERTY MANAGEMENT REGULATIONS (FPMR) 101-7, EFFECTIVE MAY 1, 1973.

THE FOLLOWING ITEMS TOTALING $5,390.63 IN MR. MENKE'S VOUCHER WERE EITHER DISALLOWED IN FULL OR REDUCED IN OUR SETTLEMENT:

REAL ESTATE EXPENSES INCIDENT TO SALE

OF RESIDENCE. DISALLOWED IN FULL: $3,684.60

SUBSISTENCE EXPENSE WHILE OCCUPYING

TEMPORARY QUARTERS. DISALLOWED IN FULL: 1,302.00

TRANSPORTATION OF HOUSEHOLD EFFECTS.

REDUCED ON BASIS OF COMMUTED RATE FROM

PITTSBURGH TO WASHINGTON. AMOUNT DISALLOWED: 379.47

TRAVEL ALLOWANCE OF PER DIEM OF FAMILY.

REDUCED ON BASIS OF TRAVEL TIME

PITTSBURGH TO WASHINGTON, D.C.

AMOUNT DISALLOWED: 24.56

TOTAL DISALLOWED: $5,390.63

IN ADDITION, UNDER THE SETTLEMENT ACTION, THE AMOUNT OF $144.04 CLAIMED FOR MISCELLANEOUS EXPENSES WERE INCREASED TO $200 - THE MAXIMUM ALLOWABLE TO A TRANSFERRED EMPLOYEE WITH A FAMILY WITHOUT NECESSITY FOR DOCUMENTATION - AS AUTHORIZED IN SECTION 2-3.3A(2) OF FPMR 101-7.

THE DISALLOWANCE OF THE EMPLOYEE'S CLAIM FOR REIMBURSEMENT OF REAL ESTATE EXPENSES INCURRED IN THE SALE OF THE FLORIDA RESIDENCE WAS IN ACCORDANCE WITH THE FOLLOWING STATUTORY PROVISIONS AND IMPLEMENTING REGULATIONS AND IS SUSTAINED.

SUBSECTION 5724AA)(4) OF TITLE 5, U.S.C. PROVIDES IN PERTINENT PART AS FOLLOWS:

"(A) UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE AND TO THE EXTENT CONSIDERED NECESSARY AND APPROPRIATE, AS PROVIDED THEREIN, APPROPRIATIONS OR OTHER FUNDS AVAILABLE TO AN AGENCY FOR ADMINISTRATIVE EXPENSES ARE AVAILABLE FOR THE REIMBURSEMENT OF ALL OR PART OF THE FOLLOWING EXPENSES OF AN EMPLOYEE FOR WHOM THE GOVERNMENT PAYS EXPENSES OF TRAVEL AND TRANSPORTATION UNDER SECTION 5724(A) OF THIS TITLE:

"(4) EXPENSES OF THE SALE OF THE RESIDENCE (OR THE SETTLEMENT OF AN UNEXPIRED LEASE) OF THE EMPLOYEE AT THE OLD STATION AND PURCHASE OF A HOME AT THE NEW OFFICIAL STATION REQUIRED TO BE PAID BY HIM WHEN THE OLD AND NEW OFFICIAL STATIONS ARE LOCATED WITHIN THE UNITED STATES ***."

PROVISIONS IN SECTION 2-6.1 OF FPMR 101-7 ARE TO THE SAME EFFECT, AND SECTION 2-1.4I THEREIN DEFINES "OFFICIAL STATION" OR "POST OF DUTY" AS "THE BUILDING OR OTHER PLACE WHERE THE OFFICER OR EMPLOYEE REGULARLY REPORTS FOR DUTY." IT IS FURTHER EXPLAINED IN THIS SECTION THAT:

"WITH RESPECT TO ENTITLEMENT UNDER THESE REGULATIONS RELATING TO THE RESIDENCE AND THE HOUSEHOLD GOODS AND PERSONAL EFFECTS OF AN EMPLOYEE, OFFICIAL STATION OR POST OF DUTY ALSO MEANS THE RESIDENCE OR OTHER QUARTERS FROM WHICH THE EMPLOYEE REGULARLY COMMUTES TO AND FROM WORK. HOWEVER, WHERE THE OFFICIAL STATION OR POST OF DUTY IS IN A REMOTE AREA WHERE ADEQUATE FAMILY HOUSING IS NOT AVAILABLE WITHIN REASONABLY DAILY COMMUTING DISTANCE, RESIDENCE INCLUDES THE DWELLING WHERE THE FAMILY OF THE EMPLOYEE RESIDES OR WILL RESIDE, BUT ONLY IF SUCH RESIDENCE REASONABLY RELATES TO THE OFFICIAL STATION AS DETERMINED BY AN APPROPRIATE ADMINISTRATIVE OFFICIAL."

MR. MENKE'S FLORIDA RESIDENCE DOES NOT COME WITHIN THE MEANING OF "OFFICIAL STATION" AND SINCE THE RESIDENCE WAS NOT LOCATED AT HIS OLD DUTY STATION - PITTSBURGH - FROM WHICH HE COMMUTED TO WORK, THERE IS NO AUTHORITY UNDER THE LAW OR REGULATIONS WHEREBY HIS CLAIM FOR REAL ESTATE EXPENSES INCIDENT TO THE SALE OF THIS RESIDENCE MAY BE ALLOWED. SEE 46 COMP. GEN. 703 (1967) AND B-177583, FEBRUARY 9, 1973.

IN VIEW OF MR. MENKE'S NONENTITLEMENT TO REIMBURSEMENT ON THIS GROUND, IT IS NOT CONSIDERED NECESSARY TO DETERMINE THE QUESTION OF WHETHER ADMINISTRATIVE APPROVAL OF HIS AUGUST 1, 1973, REQUEST FOR A ONE-YEAR EXTENSION OF THE ONE-YEAR LIMITATION IMPOSED ON SETTLEMENT OF SALE AND PURCHASE TRANSACTIONS IN SECTION 2-6.1E OF FPMR 101-7 WAS IN ACCORDANCE WITH THE SPECIFIC REQUIREMENTS OF THAT SECTION WITH RESPECT TO SUCH APPROVAL.

DISALLOWANCE OF MR. MENKE'S CLAIM FOR SUBSISTENCE EXPENSE WHILE OCCUPYING TEMPORARY QUARTERS WITH HIS FAMILY IN WASHINGTON IN OCTOBER 1973 WAS ALSO PROPER AND IN ACCORDANCE WITH PROVISIONS IN SECTION 2 5.2E OF FPMR 101-7, WHICH READ IN PERTINENT PART AS FOLLOWS:

"E. TIME TO BEGIN OCCUPANCY. THE USE OF TEMPORARY QUARTERS FOR SUBSISTENCE EXPENSE PURPOSES UNDER THESE PROVISIONS MAY BEGIN AS SOON AS THE EMPLOYEE'S TRANSFER HAS BEEN AUTHORIZED AND THE WRITTEN AGREEMENT REQUIRED IN 2-1.5A(1) HAS BEEN SIGNED. IN ORDER TO BE ELIGIBLE FOR THE TEMPORARY QUARTERS ALLOWANCE, THE PERIOD OF USE OF SUCH QUARTERS FOR WHICH A CLAIM FOR REIMBURSEMENT IS MADE MUST BEGIN NOT LATER THAN 30 DAYS FROM THE DATE THE EMPLOYEE REPORTED FOR DUTY AT HIS NEW OFFICIAL STATION, OR IF NOT BEGUN DURING THIS PERIOD, NOT LATER THAN 30 DAYS FROM THE DATE THE FAMILY VACATES THE RESIDENCE AT THE OLD OFFICIAL STATION BUT NOT BEYOND THE MAXIMUM TIME FOR BEGINNING ALLOWABLE TRAVEL AND TRANSPORTATION."

IT IS EVIDENT THAT NEITHER OF THE CONDITIONS IN THE ABOVE REGULATION WAS MET WITH REGARD TO THE PREMISES HERE CLAIMED BY THE EMPLOYEE TO CONSTITUTE TEMPORARY QUARTERS SINCE THEY WERE NOT OCCUPIED BY THE EMPLOYEE UNTIL ALMOST TWO YEARS AFTER HE REPORTED TO HIS NEW STATION, AND ALTHOUGH HIS FAMILY MOVED INTO THESE PREMISES WITHIN 30 DAYS OF VACATING THEIR OLD RESIDENCE, THAT RESIDENCE WAS NOT SITUATED AT THE OLD OFFICIAL STATION WITHIN THE DEFINITION OF THAT PHRASE IN SECTION 2 1.41, SUPRA, AND WAS NOT THE PLACE FROM WHICH HE COMMUTED TO AND FROM WORK AT HIS OLD STATION IN PITTSBURGH.

HOWEVER, SINCE MR. MENKE MAY BE CONSIDERED TO HAVE OCCUPIED TEMPORARY QUARTERS FOR THE FIRST 30 DAYS FOLLOWING HIS REPORTING DATE AT THE NEW STATION IN WASHINGTON, HE IS NOT PRECLUDED FROM SUBMITTING ANOTHER VOUCHER FOR SUBSISTENCE EXPENSES INCURRED FOR THAT PERIOD IF HE IS IN A POSITION TO SUBSTANTIATE THEM UNDER THE CRITERIA SET FORTH IN SECTION 8.4 OF OMB CIRCULAR A-56. THIS CLAIM NECESSARILY WOULD BE BASED ON HIS OWN EXPENSES IN CONNECTION WITH QUARTERS THAT HE ACTUALLY OCCUPIED AT THAT TIME AND COULD NOT INCLUDE THE SUBSISTENCE EXPENSE OF HIS FAMILY, WHO WERE THEN OCCUPYING THEIR FLORIDA RESIDENCE.

IN THE MATTER OF REIMBURSEMENT OF THE TRAVEL EXPENSES OF MR. MENKE'S FAMILY AND THE COST OF TRANSPORTATION OF HIS HOUSEHOLD EFFECTS TO WASHINGTON UNDER THE AUTHORITY OF 5 U.S.C. 5724, SECTIONS 2-2.2 AND 2.8.2D OF IMPLEMENTING REGULATIONS IN FPMR 101-7 RESPECTIVELY, PROVIDED THAT THE TOTAL AMOUNT THAT MAY BE PAID BY THE GOVERNMENT FOR SUCH EXPENSES MAY NOT EXCEED THE ALLOWABLE COST FROM THE OLD TO THE NEW OFFICIAL DUTY STATION.

ACCORDINGLY, AND SINCE FAMILY TRAVEL WAS AUTHORIZED BY MEANS OF PRIVATELY -OWNED VEHICLE OR BY COMMON CARRIER, MR. MENKE IS ENTITLED TO REIMBURSEMENT FOR THE CONSTRUCTIVE COST OF THEIR AIR FARE FROM PITTSBURGH TO WASHINGTON IN THE AMOUNT OF $85.77 ($25.64 FOR HIS WIFE; $21.40 FOR EACH OF THE TWO OLDER CHILDREN; AND $17.33 FOR THE YOUNGEST CHILD), PLUS THE LIMOUINE COST OF $37 FOR TRAVEL TO THE AIRPORT AT ORLANDO AND THE $7.92 CLAIMED ON A MILEAGE BASIS FOR PICKING UP THE FAMILY AT THE WASHINGTON AIRPORT, UNDER PROVISIONS IN FPMR 101-7, SECTIONS 1-2.3C AND 1- 4.2C(1). HE IS ALSO ENTITLED TO PER DIEM IN THE AMOUNT OF $15 (1/4 OF $20 FOR HIS WIFE; $15 EACH FOR TWO CHILDREN AND $10 FOR THE YOUNGEST CHILD) UNDER SECTION 2-2.2B, FOR A TOTAL AMOUNT OF $145.69. HOWEVER, SINCE THE SETTLEMENT ALREADY ALLOWED $26.40 FOR THEIR TRAVEL ON A MILEAGE BASIS, MR. MENKE IS OWED THE DIFFERENCE OF $119.29 ON THIS TRAVEL ITEM.

IN VIEW OF THE RESTRICTION IN SECTION 2-8.2D OF FPMR 101-7, SUPRA, WE CONCUR WITH THE SETTLEMENT ACTION IN REDUCING PAYMENT ON HIS CLAIM TO $1,261.70, BASED ON THE CONSTRUCTIVE COST FOR THE LINE-HAUL MOVEMENT OF HIS HOUSEHOLD EFFECTS (11,000 LBS.) FROM PITTSBURGH TO WASHINGTON (COMMUTED RATE AT $10.97/CWT PLUS ADDITIONAL ALLOWANCE OF $0.50/CWT FOR MONTGOMERY COUNTRY DELIVERY). HOWEVER, HE IS ALSO ENTITLED, UNDER THE PROVISIONS OF SECTION 2-8.5B(1) OF FPMR 101-7 AND UNDER GSA BULLETIN A 2, SUPPLEMENT 42 , ATTACHMENT A, EFFECTIVE JUNE 1, 1973, TO REIMBURSEMENT OF THE ACTUAL COST, OR $50.85, FOR THE HANDLING AND TEMPORARY STORAGE OF 2,260 LBS. OF HOUSEHOLD EFFECTS FROM SEPTEMBER 27 TO OCTOBER 27, 1973, BUT NOT TO THE ADDITIONAL INSURANCE THEREON. THEREFORE, MR. MENKE IS ENTITLED TO $50.85 ON THIS ITEM IN ADDITION TO THE $1,261.70 ALREADY PAID HIM UNDER OUR CERTIFICATE OF SETTLEMENT.

IN SUMMARY, MR. MENKE IS DUE THE ADDITIONAL AMOUNT OF $170.14 COVERING ADDITIONAL REIMBURSEMENT FOR HIS FAMILY'S TRAVEL ($119.29) AND FOR THE TEMPORARY STORAGE OF A PORTION OF HIS HOUSEHOLD EFFECTS ($50.85). OUR TRANSPORTATION AND CLAIMS DIVISION WILL ISSUE A SETTLEMENT IN MR. MENKE'