B-35527, JULY 16, 1943, 23 COMP. GEN. 32

B-35527: Jul 16, 1943

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IS NOT AUTHORIZED WHILE HE IS IN THE MILITARY SERVICE. WHERE A PAPER TRANSFER OF AN EMPLOYEE'S OFFICIAL STATION WAS MADE WHILE HE WAS ON FURLOUGH FROM HIS CIVILIAN POSITION TO PERFORM ACTIVE MILITARY SERVICE. IS THE DATE THE TRANSFER IS CONSUMMATED BY ENTRANCE ON DUTY AT THE NEW STATION UPON REEMPLOYMENT AFTER MILITARY DUTY IN ACCORDANCE WITH THE APPLICABLE STATUTE. THE EMPLOYEE WOULD HAVE SIX MONTHS FROM THE DATE OF HIS REEMPLOYMENT TO EFFECT SHIPMENT OF HIS HOUSEHOLD GOODS AT GOVERNMENT EXPENSE. AUTHORIZI0NG IN THE CASE OF A CIVILIAN EMPLOYEE FURLOUGHED FOR THE DURATION OF MILITARY OR NAVAL DUTY AN EXTENSION OF THE SIX MONTH PERIOD WITHIN WHICH SHIPMENTS OF HOUSEHOLD GOODS UPON TRANSFER OF OFFICIAL STATIONS ARE REQUIRED TO BEGIN.

B-35527, JULY 16, 1943, 23 COMP. GEN. 32

TRANSPORTATION OF HOUSEHOLD EFFECTS OF CIVILIAN EMPLOYEES - "PAPER TRANSFER" OF OFFICIAL STATION WHILE IN MILITARY SERVICE; EXTENSIONS OF TIME LIMIT FOR MAKING SHIPMENTS THE ACT OF OCTOBER 10, 1640, AND THE EXECUTIVE REGULATIONS ISSUED THEREUNDER, GOVERNING THE PAYMENT OF EXPENSES OF TRANSPORTATION OF HOUSEHOLD GOODS OF CIVILIAN EMPLOYEES TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY, CONTEMPLATE THAT THE EMPLOYEE REPORT TO HIS NEW OFFICIAL STATION, AND, THEREFORE, TRANSPORTATION OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE, INCIDENT TO A PAPER TRANSFER OF OFFICIAL STATIONS MADE SOLELY FOR THE PURPOSE OF THE ADMINISTRATIVE RECORD OF AN EMPLOYEE WHO HAS LEFT HIS CIVILIAN POSITION AND ENTERED THE ACTIVE MILITARY OR NAVAL SERVICE, IS NOT AUTHORIZED WHILE HE IS IN THE MILITARY SERVICE. WHERE A PAPER TRANSFER OF AN EMPLOYEE'S OFFICIAL STATION WAS MADE WHILE HE WAS ON FURLOUGH FROM HIS CIVILIAN POSITION TO PERFORM ACTIVE MILITARY SERVICE, THE "EFFECTIVE DATE OF TRANSFER OF THE EMPLOYEE" WITHIN THE MEANING OF SECTION 12 OF EXECUTIVE ORDER NO. 8588, AS AMENDED, ISSUED PURSUANT TO THE ACT OF OCTOBER 10, 1940, AUTHORIZING SHIPMENT OF HOUSEHOLD GOODS UPON TRANSFER OF OFFICIAL STATIONS TO BE MADE WITHIN SIX MONTHS OF SUCH EFFECTIVE DATE, IS THE DATE THE TRANSFER IS CONSUMMATED BY ENTRANCE ON DUTY AT THE NEW STATION UPON REEMPLOYMENT AFTER MILITARY DUTY IN ACCORDANCE WITH THE APPLICABLE STATUTE, AND THE EMPLOYEE WOULD HAVE SIX MONTHS FROM THE DATE OF HIS REEMPLOYMENT TO EFFECT SHIPMENT OF HIS HOUSEHOLD GOODS AT GOVERNMENT EXPENSE. SECTION 12 OF EXECUTIVE ORDER NO. 8588, AS AMENDED, ISSUED PURSUANT TO THE UNIFORM TRANSPORTATION OF HOUSEHOLD EFFECTS STATUTE OF OCTOBER 10, 1940, AUTHORIZI0NG IN THE CASE OF A CIVILIAN EMPLOYEE FURLOUGHED FOR THE DURATION OF MILITARY OR NAVAL DUTY AN EXTENSION OF THE SIX MONTH PERIOD WITHIN WHICH SHIPMENTS OF HOUSEHOLD GOODS UPON TRANSFER OF OFFICIAL STATIONS ARE REQUIRED TO BEGIN, RELATES ONLY TO CASES WHERE THE TRANSFER OF OFFICIAL STATION ALREADY HAS TAKEN EFFECT AND THE EMPLOYEE HAS ENTERED UPON ACTIVE MILITARY OR NAVAL DUTY WITHIN THE SIX MONTHS IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF THE TRANSFER. UNDER THE UNIFORM TRANSPORTATION OF HOUSEHOLD EFFECTS STATUTE OF OCTOBER 10, 1940, AND EXECUTIVE REGULATIONS ISSUED PURSUANT THERETO, A CIVILIAN EMPLOYEE WHOSE OFFICIAL STATION WAS CHANGED BY A PAPER TRANSFER WHILE HE WAS ON ACTIVE MILITARY DUTY MAY NOT, UPON REEMPLOYMENT IN HIS CIVILIAN POSITION AND ENTRANCE ON DUTY AT THE NEW STATION, BE REIMBURSED FOR EXPENSES INCURRED IN TRANSPORTING HIS HOUSEHOLD GOODS TO THE NEW STATION PRIOR TO SUCH REEMPLOYMENT AND ENTRANCE ON DUTY.

ACTING COMPTROLLER GENERAL YATES TO THE FEDERAL SECURITY ADMINISTRATOR, JULY 16, 1943:

I HAVE YOUR LETTER OF JULY 3, 1943, AS FOLLOWS:

REFERENCE IS MADE TO EXECUTIVE ORDER NO. 8588," PRESCRIBING REGULATIONS GOVERNING THE PAYMENT OF EXPENSES OF TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF CERTAIN CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES.' THIS EXECUTIVE ORDER WAS ISSUED UNDER THE ACT OF OCTOBER 10, 1940, PUBLIC NO. 839, 76TH CONGRESS, ENTITLED " AN ACT TO PROVIDE FOR UNIFORMITY OF ALLOWANCES FOR THE TRANSPORTATION OF HOUSEHOLD GOODS OF CIVILIAN OFFICER AND EMPLOYEES WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY.'

SECTION 1 OF THIS ORDER READS AS FOLLOWS: " WHEN ANY CIVILIAN OFFICER OR EMPLOYEE OF ANY OF THE EXECUTIVE DEPARTMENTS OR ESTABLISHMENTS OF THE UNITED STATES, HEREINAFTER CALLED EMPLOYEE, IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY AND THE PAYMENT OF EXPENSES OF TRANSPORTATION OF HIS HOUSEHOLD GOODS AND OTHER PERSONAL EFFECTS IS AUTHORIZED BY LAW, SUCH EXPENSES, WHEN SPECIFICALLY AUTHORIZED OR APPROVED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED,SHALL BE ALLOWED AND PAID IN ACCORDANCE WITH THE PROVISIONS OF THESE REGULATIONS.'

THERE IS FOR CONSIDERATION THE CASE OF CHARLES T. MCCOY, WHOSE OFFICIAL STATION WAS CHANGED FROM WILKES-BARRE, PENNSYLVANIA, TO CHESTER, PENNSYLVANIA, ON FEBRUARY 17, 1943. THIS CHANGE OF STATION WAS MADE IN ABSENTIA, AS MR. MCCOY WAS INDUCTED INTO THE ARMY ON DECEMBER 28, 1942, AND HAD ACCUMULATED LEAVE TO FEBRUARY 11, 1943. EXPENSE OF TRAVEL, PER DIEM AT THE RATE OF $6.00, AND TRANSPORTATION OF HOUSEHOLD GOODS AND OTHER PERSONAL EFFECTS AS PRESCRIBED BY EXECUTIVE ORDER NO. 8588, AS AMENDED, WAS AUTHORIZED.

MR. MCCOY WAS ORIGINALLY TRANSFERRED FROM CHESTER TO WILKES-BARRE TO FILL A MILITARY DURATION POSITION, WITH REEMPLOYMENT RIGHTS TO HIS PERMANENT POSITION IN CHESTER. UPON INDUCTION INTO MILITARY SERVICE, HIS STATION WAS CHANGED FROM WILKES-BARRE TO CHESTER, THE POSITION WHICH WILL BE HELD FOR HIM. HIS WIFE NOW WISHES TO MOVE HER HOUSEHOLD FURNITURE TO CHESTER AT THE EXPENSE OF THE GOVERNMENT WHERE THE FAMILY HOME WILL BE MAINTAINED DURING THE EMPLOYEE'S MILITARY SERVICE.

IN VIEW OF THE FACT THAT THE ABOVE-MENTIONED EXECUTIVE ORDER PRESCRIBES THAT THE EXPENSE OF SHIPMENT OF THE HOUSEHOLD GOODS INCIDENT TO THE CHANGE OF OFFICIAL STATION BE PAID BY THE GOVERNMENT, IT IS REQUESTED THAT WE BE ADVISED WHETHER THE FACT THAT THE INDIVIDUAL DOES NOT REPORT TO THE NEW OFFICIAL STATION BEFORE ENTERING MILITARY SERVICE PRECLUDES PAYMENT OF SHIPMENT OF HOUSEHOLD GOODS TO HIS NEW OFFICIAL STATION BY HIS WIFE WHILE THE EMPLOYEE IS IN MILITARY SERVICE, PROVIDED THAT REQUIREMENTS OF THE ORDER HAVE BEEN COMPLIED WITH OTHERWISE.

WE WOULD ALSO APPRECIATE YOUR ADVICE ON THE FOLLOWING TWO ADDITIONAL QUESTIONS:

(1) MAY THE TIME LIMIT ESTABLISHED BY SECTION 12 OF EXECUTIVE ORDER 8588 AS AMENDED BY EXECUTIVE ORDER 9122 BE EXTENDED NOT TO EXCEED 60 DAYS FOLLOWING THE DATE OF TERMINATION OF THE FURLOUGH IN SUCH CASES AT THE TIME THE CHANGE OF OFFICIAL STATION, TRAVEL AND TRANSPORTATION OF HOUSEHOLD GOODS IS FIRST AUTHORIZED?

(2) IF THE RIGHT OF AN EMPLOYEE TO TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE MAY BE EXERCISED ONLY IF THE EMPLOYEE ACTUALLY REPORTS TO THE NEW DUTY STATION, MAY THE HOUSEHOLD GOODS BE SHIPPED AT THE EMPLOYEE'S EXPENSE AND REIMBURSEMENT CLAIMED BY THE EMPLOYEE WITHIN 60 DAYS AFTER REPORTING TO THE NEW DUTY STATION UPON EXPIRATION OF THE FURLOUGH?

THE ACT OF OCTOBER 10, 1940, 54 STAT. 1105, AUTHORIZING THE ISSUANCE BY THE PRESIDENT OF UNIFORM REGULATIONS IN CONNECTION WITH EXPENSES OF SHIPPING HOUSEHOLD EFFECTS, ETC., UPON TRANSFER OF AN EMPLOYEE'S OFFICIAL STATION, WHEN SUCH EXPENSES ARE AUTHORIZED TO BE PAID FROM GOVERNMENT FUNDS, RELATES SPECIFICALLY TO "TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF CIVILIAN OFFICERS AND EMPLOYEES OF ANY OF THE EXECUTIVE DEPARTMENTS OR ESTABLISHMENTS OF THE UNITED STATES WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY.' ITALICS SUPPLIED.)

OBVIOUSLY THE STATUTE AND THE PRESIDENT'S REGULATIONS ISSUED PURSUANT THERETO, E.O. 8588, NOVEMBER 7, 1940, SECTION 1 OF WHICH IS QUOTED IN YOUR LETTER, ARE APPLICABLE ONLY WHEN AN EMPLOYEE ACTUALLY IS TRANSFERRED FROM ONE STATION TO ANOTHER FOR PERMANENT DUTY, WHICH SITUATION, OF COURSE, CONTEMPLATES THAT THE EMPLOYEE REPORT TO HIS NEW OFFICIAL STATION. COMPARE 18 COMP. GEN. 408. THERE IS NO REASONABLE BASIS FOR APPLYING THE LAW AND REGULATION TO AUTHORIZE THE TRANSPORTATION OF HOUSEHOLD GOODS, INCIDENT TO A PAPER TRANSFER OF OFFICIAL STATIONS MADE SOLELY FOR THE PURPOSE OF THE ADMINISTRATIVE RECORD OF AN EMPLOYEE WHO HAS LEFT HIS CIVILIAN POSITION AND HAS ENTERED THE ACTIVE MILITARY SERVICE. ACCORDINGLY, ON THE BASIS OF THE FACTS PRESENTED, IT MUST BE HELD THAT THERE IS NO AUTHORITY TO REIMBURSE MR. MCCOY, OR HIS WIFE, FOR THE COST OF TRANSPORTING HIS HOUSEHOLD GOODS FROM WILKES-BARRE TO CHESTER, PENNSYLVANIA.

SECTION 12 OF THE REGULATIONS, AS AMENDED BY EXECUTIVE ORDER NO. 9122, APRIL 6, 1942, MADE EFFECTIVE AS OF OCTOBER 1, 1942, BY EXECUTIVE ORDER NO. 9223, AUGUST 15, 1942, PROVIDES:

TIME LIMIT.--- ALL SHIPMENTS ALLOWABLE UNDER THESE REGULATIONS SHALL BEGIN WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THE TRANSFER OF THE EMPLOYEE UNLESS AN EXTENSION IS SPECIFICALLY GRANTED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT. SUCH AN EXTENSION SHALL BE APPROVED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT WITHIN THE SIX MONTHS' PERIOD DURING WHICH SHIPMENT WOULD OTHERWISE BEGIN AND SHALL IN NO CASE BE FOR A PERIOD EXCEEDING TWO YEARS FROM THE EFFECTIVE DATE OF THE TRANSFER, EXCEPT THAT, FOR EMPLOYEES WHO ENTER UPON ACTIVE MILITARY, NAVAL, OR COAST GUARD DUTY AT ANY TIME PRIOR TO THE EXPIRATION OF THE PERIOD WITHIN WHICH TRANSPORTATION OF THEIR EFFECTS IS AUTHORIZED AND WHO ARE FURLOUGHED FOR THE DURATION OF SUCH DUTY, THE EXTENSION MAY BE MADE EFFECTIVE UNTIL A DATE NOT MORE THAN SIXTY DAYS FOLLOWING THE DATE OF TERMINATION OF THE FURLOUGH.

THAT REGULATION RELATES ONLY TO PERIODS AFTER THE EFFECTIVE DATE OF TRANSFER OF OFFICIAL STATIONS, AND NOT TO CASES WHERE THE TRANSPORTATION OF HOUSEHOLD GOODS TAKES PLACE PRIOR TO THE EFFECTIVE DATE OF A TRANSFER WHERE THE TRANSFER OF AN OFFICIAL STATION ALREADY HAS TAKEN EFFECT AND WHERE THE EMPLOYEE HAS ENTERED ACTIVE MILITARY OR NAVAL SERVICE DURING THE FIRST SIX MONTHS THEREAFTER.

IN THE CASE PRESENTED THE "EFFECTIVE DATE OF THE TRANSFER OF THE EMPLOYEE" WITHIN THE MEANING OF THE REGULATION, WOULD BE THE DATE THAT THE TRANSFER OF MR. MCCOY IS CONSUMMATED BY HIS ENTRANCE UPON DUTY AT CHESTER, PENNSYLVANIA, UPON HIS REEMPLOYMENT IN A CIVILIAN POSITION WITHIN 40 DAYS AFTER HONORABLE DISCHARGE FROM THE MILITARY SERVICE IN ACCORDANCE WITH THE TERMS AND CONDITIONS PRESCRIBED BY STATUTE. 22 COMP. GEN. 825. COMPARE 21 COMP. GEN. 398. THAT IS, THE EMPLOYEE WOULD HAVE SIX MONTHS FROM THE DATE OF REEMPLOYMENT TO TRANSPORT HIS HOUSEHOLD GOODS AT GOVERNMENT EXPENSE IF AT THAT TIME THEY WERE NOT ALREADY AT HIS NEW OFFICIAL STATION.

ACCORDINGLY, IF YOUR QUESTION 1 RELATES TO FEBRUARY 17, 1943, THE DATE THE PAPER TRANSFER OF MR. MCCOY WAS ADMINISTRATIVELY AUTHORIZED, THE QUESTION IS ANSWERED IN THE NEGATIVE.