B-30883, FEBRUARY 1, 1943, 22 COMP. GEN. 725

B-30883: Feb 1, 1943

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OF THE EMPLOYEE'S HOUSEHOLD EFFECTS TO THE NEW STATION FROM A "PREVIOUS PLACE OF RESIDENCE" OTHER THAN THE OLD STATION ARE NOT ILLEGAL. THE PREFERABLE PROCEDURE IS THAT PRESCRIBED IN 20 COMP. PAYMENT BY THE GOVERNMENT IN EXCESS OF THE ALLOWABLE CONSTRUCTIVE COST OF SHIPMENT OF THE EFFECTS FROM THE SECOND STATION TO THE THIRD IS PRECLUDED BY THE PROVISIONS OF SECTION 12 OF EXECUTIVE ORDER NO. 8588. IN THE ABSENCE OF A SHOWING THAT SOME ACTUAL DUTY WAS CALLED FOR AT AN EMPLOYEE'S PREVIOUS PLACE OF RESIDENCE AT A PLACE OTHER THAN THAT OF THE DESIGNATED STATION FROM WHICH THE EMPLOYEE'S TRANSFER TO A NEW STATION WAS ORDERED. AS AMENDED) AS HAVING BEEN ONE OF DUAL HEADQUARTERS FROM WHICH HE IS ENTITLED TO HAVE HIS HOUSEHOLD EFFECTS TRANSPORTED AT GOVERNMENT EXPENSE AT A COST IN EXCESS OF THE ALLOWABLE CONSTRUCTIVE COST TO THE NEW STATION FROM THE PLACE FROM WHICH THE TRANSFER WAS ORDERED.

B-30883, FEBRUARY 1, 1943, 22 COMP. GEN. 725

TRANSPORTATION OF HOUSEHOLD EFFECTS OF CIVILIAN EMPLOYEES; PROCEDURE FOR SUBMISSION BY CERTIFYING OFFICERS OF VOUCHERS FOR ADVANCE DECISION UPON THE TRANSFER OF AN EMPLOYEE FROM ONE OFFICIAL STATION TO ANOTHER, A FORMAL GOVERNMENT CONTRACT WITH THE CARRIER AND THE USE OF A GOVERNMENT BILL OF LADING TO OBTAIN THE TRANSPORTATION, AS AUTHORIZED BY SECTION 11 OF EXECUTIVE ORDER NO. 8588, AS AMENDED, OF THE EMPLOYEE'S HOUSEHOLD EFFECTS TO THE NEW STATION FROM A "PREVIOUS PLACE OF RESIDENCE" OTHER THAN THE OLD STATION ARE NOT ILLEGAL, BUT THE PREFERABLE PROCEDURE IS THAT PRESCRIBED IN 20 COMP. GEN. 568 AND 21 ID. 283, TO THE EFFECT THAT THE EMPLOYEE SHOULD ASSUME RESPONSIBILITY FOR THE SHIPMENT AND CLAIM REIMBURSEMENT FOR ANY AMOUNT PAYABLE BY THE GOVERNMENT. A MOTOR CARRIER MAY NOT LAWFULLY COLLECT AN AMOUNT UNDER ITS CONTRACT WITH THE GOVERNMENT- -- FOR THE TRANSPORTATION OF THE HOUSEHOLD EFFECTS OF AN EMPLOYEE UPON TRANSFER OF OFFICIAL STATION--- COMPUTED AT A RATE HIGHER THAN THAT AVAILABLE UNDER ITS TARIFF, UNLESS SOME PACKING OR OTHER ACCESSORIAL SERVICES BE SHOWN TO WARRANT PAYMENT OF THE HIGHER CONTRACT PRICE. WHERE THE SHIPMENT OF AN EMPLOYEE'S HOUSEHOLD EFFECTS FROM HIS FIRST OFFICIAL STATION TO THE THIRD DID NOT BEGIN UNTIL MORE THAN TWO YEARS AFTER THE FIRST TRANSFER OF OFFICIAL STATION, THERE HAVING BEEN NO SHIPMENT TO THE INTERMEDIATE STATION, PAYMENT BY THE GOVERNMENT IN EXCESS OF THE ALLOWABLE CONSTRUCTIVE COST OF SHIPMENT OF THE EFFECTS FROM THE SECOND STATION TO THE THIRD IS PRECLUDED BY THE PROVISIONS OF SECTION 12 OF EXECUTIVE ORDER NO. 8588, AS AMENDED, THAT SHIPMENTS OF HOUSEHOLD EFFECTS OF TRANSFERRED EMPLOYEES MUST BEGIN WITHIN 6 MONTHS OF THE EFFECTIVE DATE OF THE TRANSFER UNLESS THE TIME BE EXTENDED (UP TO A LIMIT OF TWO YEARS) BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT. IN THE ABSENCE OF A SHOWING THAT SOME ACTUAL DUTY WAS CALLED FOR AT AN EMPLOYEE'S PREVIOUS PLACE OF RESIDENCE AT A PLACE OTHER THAN THAT OF THE DESIGNATED STATION FROM WHICH THE EMPLOYEE'S TRANSFER TO A NEW STATION WAS ORDERED, SUCH PREVIOUS PLACE OF RESIDENCE MAY NOT BE CONSIDERED UNDER THE CONTROLLING REGULATIONS ( EXECUTIVE ORDER NO. 8588, AS AMENDED) AS HAVING BEEN ONE OF DUAL HEADQUARTERS FROM WHICH HE IS ENTITLED TO HAVE HIS HOUSEHOLD EFFECTS TRANSPORTED AT GOVERNMENT EXPENSE AT A COST IN EXCESS OF THE ALLOWABLE CONSTRUCTIVE COST TO THE NEW STATION FROM THE PLACE FROM WHICH THE TRANSFER WAS ORDERED. A VOUCHER NEED NOT BE CERTIFIED WHEN IT IS SUBMITTED BY A CERTIFYING OFFICER FOR THE PURPOSE OF REQUESTING OF THE COMPTROLLER GENERAL, UNDER AUTHORITY OF THE ACT OF DECEMBER 29, 1941, AN ADVANCE DECISION AS TO THE LEGALITY OF THE PROPOSED PAYMENT. THE SUBMISSION OF A VOUCHER TO THIS OFFICE BY A CERTIFYING OFFICER FOR THE PURPOSE OF REQUESTING OF THE COMPTROLLER GENERAL, UNDER AUTHORITY OF THE ACT OF DECEMBER 29, 1941, AN ADVANCE DECISION AS TO THE LEGALITY OF A PROPOSED PAYMENT--- AS DISTINGUISHED FROM A REQUEST FOR DIRECT SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE OF A CLAIM UNDER THE PROVISIONS OF SECTION 236, REVISED STATUTES, AS AMENDED--- SHOULD BE ADDRESSED TO THE " COMPTROLLER GENERAL OF THE UNITED STATES, WASHINGTON, D.C.'

COMPTROLLER GENERAL WARREN TO HENRY W. MILLER, DEPARTMENT OF AGRICULTURE, FEBRUARY 1, 1943:

CONSIDERATION HAS BEEN GIVEN THE MATTER PRESENTED IN YOUR LETTER OF OCTOBER 10, 1942, ADDRESSED TO THE GENERAL ACCOUNTING OFFICE, AS FOLLOWS:

HEREWITH IS BUREAU VOUCHER NO. 3614 IN FAVOR OF THE BROADWAY STORAGE COMPANY, INC., 1702 E. FAYETTE STREET, BALTIMORE, MARYLAND, FOR $78.00, COVERING THE MOVEMENT OF HOUSEHOLD GOODS FROM CATONSVILLE, MARYLAND TO WOODBURY, NEW JERSEY (OR VICINITY) ON BEHALF OF MR. MERL F. HERSHBERGER, ASSOCIATE SOIL SCIENTIST, FOR CONSIDERATION IN THE MATTER OF THE LEGALITY OF PAYMENT AT THE EXPENSE OF THE GOVERNMENT. THE VOUCHER IS SUPPORTED BY THE FOLLOWING:

UNNUMBERED CONTRACT DATED SEPTEMBER 3, 1942, AWARDED BY THE CHIEF OF THE REGIONAL ADMINISTRATIVE SERVICES DIVISION OF THIS BUREAU.

CERTIFIED COPIES OF THE AUTHORIZATION FOR THE MOVEMENT OF MR. HERSHBERGER'S HOUSEHOLD EFFECTS FROM UPPER DARBY, PENNSYLVANIA TO WOODBURY, NEW JERSEY, DATED AUGUST 10, 1942.

ORIGINAL BILL OF LADING A-2003813 COVERING 4855 POUNDS, THE WEIGHT OF THE PARTICULAR SHIPMENT, INDICATING THE SATISFACTORY COMPLETION OF THE SHIPMENT.

WEIGHMASTER'S CERTIFICATES.

MR. HERSHBERGER ORIGINALLY ENTERED ON DUTY WITH THE SOIL EROSION SERVICE OF THE DEPARTMENT OF INTERIOR ON MARCH 4, 1935, AT ZANESVILLE, OHIO. HIS PLACE OF RESIDENCE WAS URBANA, ILLINOIS, AND THE COST OF PLACING HIMSELF IN A DUTY STATUS AT THE ORIGINAL POINT OF EMPLOYMENT WAS BORNE BY THE EMPLOYEES. THE SOIL EROSION SERVICE WAS SUBSEQUENTLY TRANSFERRED TO THE JURISDICTION OF THE UNITED STATES DEPARTMENT OF AGRICULTURE. THIS TRANSFER OCCURRED ON APRIL 26, 1935. MR. HERSHBERGER WAS ONE OF THE EMPLOYEES COVERED BY THIS TRANSFER AND HE HAS HAD CONSECUTIVE PROPERLY EXECUTED AUTHORIZATIONS CHANGING HIS HEADQUARTERS FROM SEVERAL POINTS UP TO JULY 1, 1940, AT WHICH TIME HIS OFFICIAL HEADQUARTERS WAS BALTIMORE, MARYLAND, AND AT WHICH TIME HIS OFFICIAL HEADQUARTERS WAS CHANGED FROM THAT POINT TO UPPER DARBY, PENNSYLVANIA, CERTIFIED COPY ALSO ENCLOSED.

MR. HERSHBERGER WAS A MEMBER OF THE MOBILE SURVEY GROUP AND THIS CHANGE OF HEADQUARTERS WAS EFFECTED FOR ADMINISTRATIVE REASONS TO COORDINATE THE CONTROL AT A CENTRAL POINT OF THE PREPARATION OF CONSERVATION SURVEYS. BECAUSE OF THE EMPLOYEE'S BEING SUBJECT TO MOVES FROM PLACE TO PLACE, IT WAS DEEMED UNWISE TO HAVE MR. HERSHBERGER MOVE TO THE HEADQUARTERS THEN DESIGNATED. DUAL HEADQUARTERS WERE THEN ESTABLISHED AT CATONSVILLE, MARYLAND FOR THE PURPOSE OF PRECLUDING THE PAYMENT OF PER DIEM TO THE EMPLOYEE WHILE SERVING AT THAT LOCATION.

THE UNCERTAINTY OF REQUIREMENTS WITH RESPECT TO MAPPING AND THE FACT THAT THE EMPLOYEE WAS SUBJECT TO MOVES ANYWHERE IN THE UNITED STATES DEPENDING UPON THE NEEDS OF THE SERVICE, THE LENGTH OF TIME THAT HE WOULD BE STATIONED IN CATONSVILLE, MARYLAND WAS NOT READILY DETERMINABLE. HOWEVER, CIRCUMSTANCES CAUSED THE CONTINUOUS ASSIGNMENT OF MR. HERSHBERGER AT CATONSVILLE FOR THE PERIOD FROM JULY 1, 1940 TO ON OR ABOUT SEPTEMBER 1, 1942, AT WHICH TIME IT WAS DEEMED IN THE BEST INTEREST OF THE SERVICE TO TRANSFER HIM FROM CATONSVILLE, MARYLAND TO WOODBURY, NEW JERSEY.

THE AUTHORIZATION FOR THE MOVEMENT OF HOUSEHOLD EFFECTS WAS ISSUED, CERTIFIED COPY OF WHICH IS ATTACHED TO THE VOUCHER IN QUESTION, COVERING THE MOVEMENT FROM MR. HERSHBERGER'S OFFICIAL HEADQUARTERS UPPER DARBY, PENNSYLVANIA, TO WOODBURY, NEW JERSEY. MR. HERSHBERGER, NOT HAVING EVER BEEN REQUIRED TO MOVE HIS HOUSEHOLD EFFECTS TO UPPER DARBY, PENNSYLVANIA, NATURALLY MOVED HIS HOUSEHOLD EFFECTS FROM CATONSVILLE, MARYLAND DIRECTLY TO WOODBURY HEIGHTS, NEW JERSEY, A SUBURB OF WOODBURY, NEW JERSEY UNDER THIS AUTHORIZATION.

THIS EMPLOYEE IS MARRIED AND HAS DEPENDENTS AND UNDER THE AUTHORITY CONTAINED IN EXECUTIVE ORDER NO. 9122 (8588) HE IS ENTITLED TO THE BENEFITS OF 5000 POUNDS OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE WHENEVER THE MOVEMENT OF HIS HOUSEHOLD EFFECTS IS REQUIRED FOR THE CONVENIENCE OF THE GOVERNMENT. THE LIST ATTACHED TO THE UNNUMBERED CONTRACT LISTING HOUSEHOLD EFFECTS INDICATES THAT THERE ARE NO ARTICLES RESTRICTED BY EXECUTIVE ORDER NO. 8588.

SECTION II (3) OF EXECUTIVE ORDER 9122 (AMENDED SECTION 11 OF EXECUTIVE ORDER NO. 8588 SO THAT IT) READS AS FOLLOWS:

" SECTION II. (11) SHIPMENT FROM POINTS OTHER THAN OFFICIAL STATION.--- THE EXPENSES OF TRANSPORTATION AUTHORIZED HEREUNDER SHALL BE ALLOWABLE WHETHER THE SHIPMENT ORIGINATES FROM THE EMPLOYEE'S LAST OFFICIAL STATION OR FROM SOME PREVIOUS PLACE OF RESIDENCE, OR PARTIALLY FROM OTH: PROVIDED, THAT THE COST TO THE GOVERNMENT SHALL NOT EXCEED THE COST OF SHIPMENT IN ONE LOT BY THE MOST ECONOMICAL ROUTE FROM THE LAST OFFICIAL STATION TO THE NEW. SHIPMENTS INVOLVING A COST GREATER THAN THAT AUTHORIZED BY THIS SECTION MAY BE MADE ON A GOVERNMENT BILL OF LADING, BUT THE EMPLOYEE SHALL BE REQUIRED TO REIMBURSE THE GOVERNMENT FOR THE EXCESS COST IMMEDIATELY UPON COMPLETION OF THE SHIPMENT. NO EXPENSES SHALL BE ALLOWABLE FOR THE TRANSPORTATION OF PROPERTY ACQUIRED ENROUTE FROM THE LAST OFFICIAL STATION TO THE NEW. FOR THE PURPOSES OF THESE REGULATIONS, THE TERM "OFFICIAL STATION" SHALL BE CONSTRUED TO INCLUDE ANY POINT FROM WHICH THE EMPLOYEE COMMUTES DAILY TO HIS OFFICIAL POST OF DUTY.'

IN DEFINING THE OFFICIAL HEADQUARTERS OF MR. HERSHBERGER, IT APPEARS FOR PRACTICAL PURPOSES THAT CATONSVILLE, MARYLAND WAS HIS OFFICIAL HEADQUARTERS, ALTHOUGH DAILY COMMUTATION BETWEEN UPPER DARBY, PENNSYLVANIA, AND CATONSVILLE, MARYLAND WOULD BE IMPRACTICABLE; HOWEVER, UNDER THE AUTHORIZATION SETTING UP HIS DUAL HEADQUARTERS, MR. HERSHBERGER WAS ALLOWED TRAVEL EXPENSES BETWEEN THE TWO POINTS WHENEVER OFFICIALLY REQUIRED. THE DISTANCE BETWEEN CATONSVILLE, MARYLAND AND UPPER DARBY, PENNSYLVANIA IS APPROXIMATELY 111 MILES. THE MILEAGE BETWEEN CATONSVILLE, MARYLAND, AND WOODBURY, NEW JERSEY IS APPROXIMATELY 106 MILES, AND TO WOODBURY, NEW JERSEY VIA UPPER DARBY, PENNSYLVANIA 130 MILES.

THE CIRCUMSTANCES SURROUNDING THIS CASE WERE NOT CREATED BY ANY CONSIDERATION FOR THE CONVENIENCE OF THE EMPLOYEE, BUT ON THE CONTRARY, IT HAS BEEN SOMEWHAT OF A HARDSHIP DUE TO THE UNCERTAINTIES CARRIED WITH HIS TYPE OF EMPLOYMENT. IN VIEW OF THE FACT THAT THE CIRCUMSTANCES WERE CREATED BY OFFICIAL NECESSITY, APPROVAL IS RESPECTFULLY REQUESTED FOR PAYMENT IN FULL OF THE ENCLOSED VOUCHER AT GOVERNMENT EXPENSE.

THE INVOLVED SHIPMENT HAVING BEEN MADE, IF NOT FROM THE EMPLOYEE'S HEADQUARTERS, AT LEAST FROM A "PREVIOUS PLACE OF RESIDENCE" (REFERRING TO THE EXECUTIVE ORDER QUOTED, IN PART, IN YOUR LETTER ( E.O. NO. 9122, APRIL 6, 1942), THE FORMAL GOVERNMENT CONTRACT WITH THE CARRIER AND THE USE OF A GOVERNMENT BILL OF LADING WERE NOT ILLEGAL; THE CARRIER IS ENTITLED TO BE PAID ITS PROPER CHARGES. (HOWEVER, FOR THE PREFERABLE PROCEDURE IN SUCH A CASE, SEE 20 COMP. GEN. 568; 21 COMP. GEN. 283.) WHILE THE LUMP-SUM BID OF $78 (OFFERED AT THE TIME WHEN THE ONLY WEIGHT AVAILABLE WAS AN ESTIMATE OF 5,400 POUNDS) WAS ACCEPTED, THE BID STATED, FURTHER, THAT THE CARRIER HOLDS A MOTOR CARRIER'S CERTIFICATE ISSUED BY THE INTERSTATE COMMERCE COMMISSION AND THAT IT OPERATES UNDER THE HOUSEHOLD GOODS CARRIERS' BUREAU TARIFF. THE TARIFF RATE BEING AVAILABLE, THE CARRIER MAY NOT LAWFULLY COLLECT UNDER ITS CONTRACT WITH THE GOVERNMENT AT A RATE HIGHER THAN THE FREIGHT CHARGEABLE UNDER THE TARIFF. 22 COMP. GEN. 22; ID. 503. THE TARIFF CITED PROVIDES AN APPLICABLE RATE OF $1.56 PER CWT., RESULTING IN A CHARGE OF $75.74, WHICH AMOUNT, ONLY, SHOULD BE PAID TO THE CARRIER--- UNLESS SOME PACKING OR OTHER ACCESSORIAL SERVICES BE SHOWN TO WARRANT PAYMENT OF THE HIGHER FIGURE CLAIMED. THERE IS INVOLVED, ALSO, THE QUESTION WHETHER ANY PORTION OF THE AMOUNT PAID IS CHARGEABLE TO THE EMPLOYEE.

IF THE FACTS BE THAT THERE WAS A TRANSFER OF STATION ON JULY 1, 1940, FROM BALTIMORE TO UPPER DARBY, PENNSYLVANIA, AND A FURTHER TRANSFER TO WOODBURY, NEW JERSEY, EFFECTIVE SEPTEMBER 1, 1942, WITH NO SHIPMENT OF EFFECTS UNTIL AFTER THE SECOND TRANSFER, THE SHIPMENT OF THE EFFECTS DIRECT FROM THE FIRST POST TO THE THIRD WOULD NOT BE REIMBURSABLE IN FULL, SINCE THE SHIPMENT DID NOT BEGIN WITHIN THE LIMIT OF SIX MONTHS (OR ANY EXTENSION THEREOF UP TO TWO YEARS) FROM THE DATE OF THE FIRST TRANSFER--- THE ULTIMATE TIME LIMITATION PRESCRIBED BY EXECUTIVE ORDER NO. 8588, AS AMENDED. 20 COMP. GEN. 568; B-28260, OCTOBER 24, 1942.

THE PAPERS SUBMITTED WITH YOUR LETTER INCLUDE A COPY OF A LETTER DATED JULY 1, 1940, SIGNED BY THE REGIONAL CONSERVATOR, ADVISING MR. HERSHBERGER THAT HIS HEADQUARTERS WERE CHANGED, EFFECTIVE THAT DAY, FROM BALTIMORE TO UPPER DARBY, WITH AUTHORITY GRANTED FOR PAYMENT OF THE COST OF SHIPPING HIS EFFECTS, AND, ALSO, A COPY OF A SIMILAR LETTER DATED AUGUST 10, 1942, APPROVED BY THE ASSISTANT SECRETARY OF AGRICULTURE, WHICH ADVISED MR. HERSHBERGER AS FOLLOWS:

IN CONNECTION WITH THE CHANGE OF YOUR HEADQUARTERS FROM UPPER DARBY, PENNSYLVANIA TO WOODBURY, NEW JERSEY EFFECTIVE ON OR ABOUT SEPTEMBER 1, 1942, TRANSFER OF YOUR HOUSEHOLD EFFECTS IS AUTHORIZED UNDER EXISTING REGULATIONS, THE AMOUNT AND TYPE OF GOODS TO BE TRANSPORTED TO CONFORM WITH EXECUTIVE ORDER NO. 8588, DATED NOVEMBER 7, 1940.

THIS TRANSFER IS FOR THE BENEFIT OF THE GOVERNMENT AND NOT FOR THE PERSONAL CONVENIENCE OF THE EMPLOYEE. IF, AS WOULD BE THE PRESUMPTION, THOSE LETTERS WRITTEN AT THE TIME OF THE "TRANSFERS" REFLECT THE TRUE STATE OF AFFAIRS, IT IS NOT UNDERSTOOD UPON WHAT EVIDENCE IT IS NOW ASSERTED THAT IT WAS DEEMED UNWISE FOR THE EMPLOYEE TO MOVE TO UPPER DARBY, AND THAT DUAL HEADQUARTERS WERE THEN ESTABLISHED AT CATONSVILLE (A SUBURB OF BALTIMORE) FOR THE PURPOSE OF PRECLUDING THE PAYMENT OF PER DIEM WHILE THERE.

UNLESS SOME ACTUAL DUTY WAS CALLED FOR AT CATONSVILLE, THE EMPLOYEE'S HOME AT THAT PLACE COULD NOT BECOME HIS OFFICIAL HEADQUARTERS OR ONE OF DUAL HEADQUARTERS--- THE GENERAL RULE BEING, AS HELD IN A COMPARABLE MATTER CONSIDERED IN 22 COMP. GEN. 231, THAT IT IS "IMPROPER IN ANY CASE TO DESIGNATE THE HOME OF A CONSULTANT AT WHICH NO WORK IS PERFORMED AS HIS OFFICIAL STATION * * *.' WHETHER MR. HERSHBERGER'S HEADQUARTERS ONCE ESTABLISHED AT BALTIMORE ACTUALLY WERE TRANSFERRED TO UPPER DARBY IN 1940 DEPENDS NOT ALONE UPON HIS PURPORTED TRANSFER ORDER, BUT ALSO UPON THE ACTUAL FACTS, SUCH AS THE NATURE OF HIS WORK, THE DESIGNATION OF HIS POSITION, AND AT WHAT SPECIFIC LOCATIONS HE WAS EXPECTED TO, AND DID, RENDER SERVICE. 10 COMP. GEN. 469; 15 ID. 624; 16 ID. 47; 18 ID. 423; 19 ID. 347; 22 ID. 231. IN OTHER WORDS, THE LOCATION OF AN EMPLOYEE'S OFFICIAL HEADQUARTERS IS DETERMINED FROM THE PRINCIPAL PLACE OF HIS WORK RATHER THAN FROM A MERE DESIGNATION IN AN ORDER.

WHAT WERE THE ACTUAL FACTS OF MR. HERSHBERGER'S PLACE OF ASSIGNED DUTIES DOES NOT APPEAR FROM YOUR LETTER AND, ACCORDINGLY, THE ONLY DETERMINATION JUSTIFIABLE ON THE PRESENT RECORD IS THAT, AS HIS ORDERS STATED, HE WAS TRANSFERRED TO UPPER DARBY IN JULY, 1940. FROM THIS IT WOULD FOLLOW THAT, SINCE HIS FURTHER TRANSFER WAS MORE THAN TWO YEARS LATER, HE IS CHARGEABLE WITH THE EXPENSE INCURRED FOR THE SHIPMENT OF HIS EFFECTS OVER AND ABOVE THE CONSTRUCTIVE COST FROM UPPER DARBY TO THE NEW POST AT WOODBURY, NEW JERSEY (20 COMP. GEN. 479), WHICH, ACCORDING TO INDEPENDENT MOVERS' AND WAREHOUSEMEN'S TARIFF 1-B, MF, ICC NO. 7, APPEARS TO BE $33.12. UNLESS SOME EVIDENCE CAN BE ADDUCED TO ESTABLISH THAT THE EMPLOYEE'S HEADQUARTERS DID IN FACT REMAIN AT BALTIMORE, OR THAT HIS HEADQUARTERS, OR ONE OF DUAL HEADQUARTERS, ACTUALLY AND PROPERLY WERE FIXED AT BALTIMORE OR CATONSVILLE UNTIL THE FINAL MOVE TO NEW JERSEY (COMPARE THE CASE OF DR. W. O. GORDON, OF THE BUREAU OF AGRICULTURAL CHEMISTRY AND ENGINEERING, B-29647, OCTOBER 27, 1942), THERE SHOULD BE REPORTED THE COLLECTION FROM THE EMPLOYEE OF THE DIFFERENCE BETWEEN $33.12 AND THE AMOUNT PROPERLY TO BE PAID ON THE VOUCHER IN ACCORDANCE WITH THE FOREGOING. THE VOUCHER IS RETURNED HEREWITH.

WHEN YOUR LETTER WAS RECEIVED IN THIS OFFICE, IT WAS NOT ENTIRELY CLEAR WHETHER IT WAS YOUR PURPOSE TO FORWARD THE CLAIM TO THE GENERAL ACCOUNTING OFFICE FOR DIRECT SETTLEMENT UNDER THE PROVISIONS OF SECTION 236, REVISED STATUTES, AS AMENDED, OR TO REQUEST OF THE COMPTROLLER GENERAL, UNDER AUTHORITY OF THE ACT OF DECEMBER 29, 1941, 55 STAT. 875, 876, 31 U.S.C. 82C, AN ADVANCE DECISION AS TO THE LEGALITY OF THE PROPOSED PAYMENT. THAT CONNECTION, THERE IS FOR NOTING THAT YOUR LETTER WAS ADDRESSED TO THE GENERAL ACCOUNTING OFFICE--- NOT TO THE COMPTROLLER GENERAL OF THE UNITED STATES. WHEN A CERTIFYING OFFICER DESIRES AN ADVANCE DECISION, THE VOUCHER NEED NOT BE CERTIFIED AND, TO FACILITATE HANDLING HERE, THE SUBMISSION SHOULD BE ADDRESSED TO THE " COMPTROLLER GENERAL OF THE UNITED STATES, WASHINGTON, D.C.'