B-183053, MAR 12, 1975

B-183053: Mar 12, 1975

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ARE ENTITLED TO REIMBURSEMENT OF TRANSPORTATION COSTS FOR SHIPPING HOUSEHOLD GOODS ON ACTUAL EXPENSE BASIS AND WITHOUT LIMITATION BASED ON GOVERNMENT'S COST IF SHIPMENT HAD BEEN BY GOVERNMENT BILL OF LADING. WHICH WAS FORWARDED BY THE PER DIEM. BOWMAN AND DAUGHERTY WERE RECRUITED IN HAWAII FOR APPOINTMENT TO MANPOWER SHORTAGE POSITIONS IN WASHINGTON. AT THE TIME OF THEIR RECRUITMENT THEY WERE AUTHORIZED TO TRAVEL AND SHIP HOUSEHOLD GOODS FROM HAWAII TO WASHINGTON AT GOVERNMENT EXPENSE. THEY WERE BOTH EVIDENTLY ADVISED TO MAKE THEIR OWN ARRANGEMENTS IN OBTAINING THE SERVICES OF COMMERICAL CARRIERS FOR SHIPMENT OF THEIR HOUSEHOLD GOODS TO WASHINGTON. THE DISBURSING OFFICER QUESTIONS WHETHER ANY REIMBURSEMENT IS PROPER UNDER JTR AND.

B-183053, MAR 12, 1975

EMPLOYEES OF DEFENSE MAPPING AGENCY, DOD, RECRUITED IN HAWAII FOR MANPOWER SHORTAGE POSITIONS IN WASHINGTON, D.C., THEIR FIRST DUTY STATION, ARE ENTITLED TO REIMBURSEMENT OF TRANSPORTATION COSTS FOR SHIPPING HOUSEHOLD GOODS ON ACTUAL EXPENSE BASIS AND WITHOUT LIMITATION BASED ON GOVERNMENT'S COST IF SHIPMENT HAD BEEN BY GOVERNMENT BILL OF LADING, SINCE AGENCY OFFICIAL INSTRUCTED THEM TO SELECT THEIR OWN CARRIER; HOWEVER, ONE EMPLOYEE WHO DECLARED EXCESSIVE VALUATION MUST PAY ADDITIONAL INSURANCE COST.

BRUCE R. BOWMAN AND KENNETH I. DAUGHERTY - TRANSPORTATION OF HOUSEHOLD EFFECTS OF MANPOWER SHORTAGE APPOINTEES TO FIRST DUTY STATION:

THIS MATTER CONCERNS A REQUEST FOR AN ADVANCE DECISION BY A DISBURSING OFFICER, WHICH WAS FORWARDED BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE (CONTROL NO. 75-3), ON THE CLAIMS OF BRUCE R. BOWMAN AND KENNETH I. DAUGHERTY FOR REIMBURSEMENT OF TRANSPORTATION COSTS FOR SHIPPING HOUSEHOLD GOODS INCIDENT TO THEIR APPOINTMENT TO MANPOWER SHORTAGE POSITIONS WITH THE DEFENSE MAPPING AGENCY IN WASHINGTON, D.C.

THE RECORD INDICATES THAT MESSRS. BOWMAN AND DAUGHERTY WERE RECRUITED IN HAWAII FOR APPOINTMENT TO MANPOWER SHORTAGE POSITIONS IN WASHINGTON, D.C., WITH REPORTING DATES OF AUGUST 19, 1974, AND FEBRUARY 15, 1974, RESPECTIVELY. AT THE TIME OF THEIR RECRUITMENT THEY WERE AUTHORIZED TO TRAVEL AND SHIP HOUSEHOLD GOODS FROM HAWAII TO WASHINGTON AT GOVERNMENT EXPENSE, SUBJECT TO VOLUME 2 OF THE JOINT TRAVEL REGULATIONS (JTR). THEY WERE BOTH EVIDENTLY ADVISED TO MAKE THEIR OWN ARRANGEMENTS IN OBTAINING THE SERVICES OF COMMERICAL CARRIERS FOR SHIPMENT OF THEIR HOUSEHOLD GOODS TO WASHINGTON, AND BOTH OF THEM ACCOMPLISHED THEIR MOVES ACCORDING TO THAT ADVICE. SINCE THE EMPLOYEES MADE THE SHIPMENTS FROM HAWAII AND DID NOT USE GOVERNMENT BILLS OF LADING, THE DISBURSING OFFICER QUESTIONS WHETHER ANY REIMBURSEMENT IS PROPER UNDER JTR AND, IF PROPER, THE CORRECT AMOUNTS.

THE TRAVEL AND TRANSPORTATION EXPENSES OF NEW APPOINTEES TO MANPOWER SHORTAGE POSITIONS ARE ALLOWABLE UNDER 5 U.S.C. SECS. 5723, 5724 (1970) AND REGULATIONS ISSUED THEREUNDER - THE FEDERAL TRAVEL REGULATIONS (FPMR 101-7, MAY 1973). THE CITED CODE PROVISIONS AND REGULATIONS ARE ALSO ADMINISTRATIVELY IMPLEMENTED IN VOLUME 2 OF THE JTR, WHICH APPLIES TO MOST CIVILIAN PERSONNEL IN THE VARIOUS DEPARTMENTS AND AGENCIES OF THE DEPARTMENT OF DEFENSE.

IT IS CLEAR UNDER BOTH FEDERAL TRAVEL REGULATIONS (FTR) AND JTR THAT NEW APPOINTEES RECRUITED FOR MANPOWER SHORTAGE POSITIONS IN ANY OF THE 50 STATES AND THE DISTRICT OF COLUMBIA ARE ELIGIBLE FOR TRAVEL AND TRANSPORTATION EXPENSES FROM THEIR PLACES OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT, TO THEIR FIRST OFFICIAL STATIONS ANYWHERE WITHIN THE 50 STATES. CF. FTR PARA. 2-1.2A(3), PARA. 2-1.3, AND PARA. 2-1.5F (MAY 1973), AND 2 JTR PARA. C4050-1.2 AND PARA. C4051. WE NOTE THAT, IN DESCRIBING THE ELIGIBILITY FOR TRANSPORTATION EXPENSES OF NEW APPOINTEES TO MANPOWER SHORTAGE POSITIONS, 2 JTR PARA. C4050-1.2 MAKES NO QUALIFICATION AS TO PLACE OF RECRUITMENT; THEREFORE, THE ELIGIBILITY OF SUCH APPOINTEES FOR TRAVEL AND TRANSPORTATION ALLOWANCES IS DEPENDENT ONLY ON THEIR APPOINTMENT TO MANPOWER SHORTAGE POSITIONS WITHIN THE CONTINENTAL UNITED STATES. (SEE DEFINITION OF "MANPOWER SHORTAGE POSITIONS," 2 JTR C1100.)

BOTH FTR AND JTR SET FORTH THE TYPES OF TRAVEL AND TRANSPORTATION ALLOWANCES TO WHICH NEW APPOINTEES TO MANPOWER SHORTAGE POSITIONS ARE ENTITLED. FOR PRESENT PURPOSES IT IS SUFFICIENT TO POINT OUT THAT COSTS FOR TRANSPORTATION OF HOUSEHOLD GOODS ARE ONE OF THE ITEMS ALLOWABLE. CF. FTR PARA. 2-1.5F(3)(D) (MAY 1973); AND 2 JTR PARA. C7051-1, PARA. C7052-1A (CHANGE 110, DECEMBER 1, 1974), PARA. C7002-1, AND APPENDIX F - TABLE OF ELIGIBILITY. SINCE THE JTRS ARE PATTERNED AFTER THE FTRS, WHICH ARE THE PRIMARY REGULATORY AUTHORITY, WE WILL HEREAFTER RELATE AND APPLY PERTINENT PORTIONS OF THE FTR TO THE TRANSPORTATION OF THE HOUSEHOLD GOODS.

PARAGRAPH 2-1.5F(3) OF FTR (MAY 1973) PROVIDES THAT TRANSPORTATION ALLOWANCES PAYABLE TO MANPOWER SHORTAGE APPOINTEES FOR SHIPMENT OF HOUSEHOLD GOODS TO THEIR FIRST OFFICIAL DUTY STATIONS ARE GOVERNED BY FTR PARA. 2-8 (MAY 1973). PARAGRAPH 2-8.4 OF FTR (MAY 1973) PROVIDES THAT COSTS FOR TRANSPORTATION OF HOUSEHOLD GOODS FROM A POINT OUTSIDE THE 48 STATES - IN THIS CASE, HAWAII - ARE ALLOWABLE ONLY ON AN ACTUAL EXPENSE BASIS. PARAGRAPH 2-8.4C(1) PROVIDES IN PERTINENT PART THAT: "ACTUAL EXPENSE INCLUDES COSTS OF TRANSPORTATION OF HOUSEHOLD GOODS, PACKING AND CRATING *** UNPACKING, AND OTHER NECESSARY ACCESSORIAL CHANGES WITHIN APPLICABLE LIMITS." THE REGULATIONS (FTR PARA. 2 8.4D(2) (MAY 1973)) PROVIDE THAT SHIPMENTS ON AN ACTUAL EXPENSE BASIS SHOULD BE MADE ON GOVERNMENT BILLS OF LADING "WHENEVER POSSIBLE," BUT IF THE EMPLOYEE SELECTS AND RETAINS A COMMERCIAL CARRIER HIMSELF, REIMBURSEMENT IS MADE FOR TRANSPORTATION EXPENSES ACTUALLY AND NECESSARILY INCURRED WITHIN APPLICABLE LIMITATIONS, NOT IN EXCESS OF THE CHARGES THAT WOULD HAVE BEEN INCURRED IF THE EMPLOYEE USED THE MEANS OF TRANSPORTATION SELECTED BY THE GOVERNMENT. (FTR PARA. 2 8.4E.) SINCE IN THIS CASE BOTH EMPLOYEES STATE, AND THE AGENCY DOES NOT DENY, THAT THEY WERE ADVISED BY AGENCY PERSONNEL TO SELECT AND ARRANGE FOR A COMMERICAL CARRIER, IT APPEARS THAT SHIPMENT BY GOVERNMENT BILL OF LADING WAS NOT CONSIDERED POSSIBLE OR FEASIBLE. ANY CASE THE GOVERNMENT IN EFFECT SELECTED THE MEANS USED BY THE TWO EMPLOYEES WHEN IT INSTRUCTED THEM TO SELECT AND ARRANGE FOR THEIR OWN CARRIERS. THEREFORE, THE AMOUNTS ACTUALLY PAID FOR TRANSPORTATION OF THE HOUSEHOLD GOODS ARE REIMBURSABLE, IF OTHERWISE CORRECT, SINCE THE SHIPMENT WEIGHTS WERE WITHIN THE TRAVEL AUTHORIZATIONS ISSUED TO EACH EMPLOYEE.

IN MR. DAUGHERTY'S CASE REIMBURSEMENT CANNOT BE MADE FOR THE $200 IN INSURANCE CHARGES, SINCE THAT AMOUNT RESULTS FROM HIS PERSONAL DECISION TO DECLARE A SHIPMENT VALUATION ABOVE THE MINIMUM LIABILITY ASSUMED BY THE CARRIER WITHOUT EXTRA CHARGE. PARAGRAPH 2-8.4E(3) OF FTR (MAY 1973) PERMITS AN EMPLOYEE TO DECLARE A VALUATION ABOVE THE CARRIER'S MINIMUM, BUT REQUIRES THE EMPLOYEE TO ASSUME THE ADDITIONAL INSURANCE COSTS FOR THE HIGHER VALUATION.

BEFORE MR. BOWMAN'S CLAIM IS PAID, HE SHOULD BE REQUIRED TO FURNISH A RECEIPTED COPY OF A BILL OF LADING SHOWING THE WEIGHT AND COST OF ADDITIONAL SERVICES RENDERED IN ADDITION TO THE TRANSPORTATION CHARGES. SEE FTR PARA. 2-8.4D(3).

WE CONCLUDE THAT THE VOUCHERS ARE PAYABLE IN ACCORDANCE WITH THE FOREGOING - MR. DAUGHERTY'S FOR $3,413.15 AND MR. BOWMAN'S FOR $537 - IF OTHERWISE CORRECT AND THE NECESSARY DOCUMENTATION IS SUBMITTED.