B-47031, JANUARY 26, 1945, 24 COMP. GEN. 558

B-47031, JANUARY 26, 1945, 24 COMP. GEN. 558

TRANSPORTATION OF HOUSEHOLD EFFECTS - SHIPMENT PRIOR TO CHANGE OF STATION WHERE, PRIOR TO THE ISSUANCE OF FORMAL TRANSFER ORDERS, BUT IN CONTEMPLATION THEREOF, AN EMPLOYEE SHIPPED HIS HOUSEHOLD EFFECTS FROM HIS OFFICIAL STATION TO A PLACE WHERE HE WAS ON TEMPORARY DUTY PENDING A RECLASSIFICATION AND TRANSFER OF OFFICIAL STATION THERETO, THE SUBSEQUENT APPROVAL BY THE HEAD OF THE ESTABLISHMENT OF THE TRANSPORTATION ALREADY ACCOMPLISHED, TOGETHER WITH A SHOWING OF THE RELATIONSHIP BETWEEN THE SHIPMENT AND THE TRANSFER, MAY BE ACCEPTED AS MEETING THE APPROVAL REQUIREMENTS OF SECTION 1 OF THE UNIFORM TRANSPORTATION OF HOUSEHOLD EFFECTS REGULATIONS ( EXECUTIVE ORDER NO. 8588), SO AS TO AUTHORIZE REIMBURSEMENT FOR OTHERWISE PROPER EXPENSES OF SUCH TRANSPORTATION.

COMPTROLLER GENERAL WARREN TO PAUL MOORE, OFFICE OF PRICE ADMINISTRATION, JANUARY 26, 1945:

I HAVE YOUR LETTER OF JANUARY 15, 1945, AS FOLLOWS:

THE REGULATIONS GOVERNING TRANSPORTATION OF AN EMPLOYEE'S HOUSEHOLD GOODS IN CONNECTION WITH A CHANGE IN OFFICIAL STATION FOR PERMANENT DUTY DO NOT APPEAR TO DEFINE CLEARLY WHEN A SHIPMENT MUST COMMENCE IN ORDER TO CONFORM WITH THE REQUIREMENTS FOR AUTHORIZATION OF PAYMENT INCIDENTAL TO THE TRANSFER. THERE IS PRESENTED THEREFORE FOR YOUR EXAMINATION AND OPINION THE ENCLOSED VOUCHER IN FAVOR OF WILLIAM C. FLETCHER IN THE AMOUNT OF $125.86 FOR REIMBURSEMENT OF EXPENSES OF TRANSPORTATION OF HIS HOUSEHOLD EFFECTS ON NOVEMBER 22, 1944 PRIOR TO THE DATE OF HIS TRANSFER OF HEADQUARTERS FROM MOLINE, ILLINOIS TO GREEN BAY, WISCONSIN EFFECTIVE DECEMBER 8, 1944.

SECTION 1 OF EXECUTIVE ORDER NO. 8588, AS AMENDED BY EXECUTIVE ORDERS NOS. 9122 AND 9223, READS IN PART: "WHEN ANY CIVILIAN EMPLOYEE OF THE U.S. * * * IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY AND THE PAYMENT OF EXPENSES WHEN SPECIFICALLY AUTHORIZED OR APPROVED BY THE HEAD OF THE DEPARTMENT CONCERNED SHALL BE ALLOWED AND PAID IN ACCORDANCE WITH THE PROVISIONS OF THESE REGULATIONS.' IN NONE OF YOUR DECISIONS ON THE SUBJECT, HOWEVER, DO WE FIND ANY INTERPRETATION TO COVER A CIRCUMSTANCE WHERE THE TRANSPORTATION IS COMMENCED OR COMPLETED PRIOR TO DATE OF AUTHORIZATION OR EFFECTIVE DATE OF THE TRANSFER.

IN YOUR DECISION OF FEBRUARY 25, 1941, 20 COMP. GEN. 479, IT WAS STATED THAT "THE TIME OF ACTUAL SHIPMENT OF THE GOODS OR PAYMENT FOR THE SERVICE RENDERED, IS NOT THE CONTROLLING FACTOR; " BUT IN THAT INSTANCE, IT WAS HELD THAT THE RIGHT FOR PAYMENT OF THE EXPENSES INVOLVED WAS VESTED IN THE EMPLOYEE ON "THE DATE ON WHICH THE AUTHORIZATION WAS ISSUED TO COVER THE TRANSFER" ALTHOUGH SUCH DISCUSSION RELATED TO A SHIPMENT WHICH COMMENCED AFTER THE DATE AUTHORIZED.

YOU ADVISED IN AN OPINION B-39558 TO THE UNDERSIGNED ON FEBRUARY 9, 1944, THAT THERE WOULD BE NO LEGAL OBJECTION TO APPROVAL BY THE PRICE ADMINISTRATOR OF THE TRANSPORTATION OF HOUSEHOLD GOODS EFFECTED SUBSEQUENT TO THE EFFECTIVE DATE OF THE TRANSFER OF STATION IF THE ADMINISTRATOR IS SATISFIED THAT THE TRANSFER OF THE HOUSEHOLD GOODS WAS INCIDENT TO THE TRANSFER OF STATION.

WHEREAS IT HAS BEEN CONSISTENTLY HELD THAT TRANSPORTATION OF AN EMPLOYEE OR HIS DEPENDENTS IN ADVANCE OF ISSUANCE OF ORDERS THEREFOR IN ANTICIPATION OF CHANGE OF STATION IS NOT INCIDENT TO PERMANENT CHANGE OF STATION AND IS NOT REIMBURSABLE (1 COMP. GEN. 227; 2 ID. 567; 8 ID. 334; 11 ID. 459; 15 ID. 171; 17 ID. 606; 20 ID. 27), ON THE OTHER HAND THE REGULATIONS PROVIDE THAT MOVEMENT OF HOUSEHOLD EFFECTS MAY BE AUTHORIZED OR APPROVED.

WITH RESPECT TO THE ENCLOSED VOUCHER, THE RECORDS SHOW THAT MR. FLETCHER WAS ON TEMPORARY DUTY IN GREEN BAY, WISCONSIN IN NOVEMBER 1944 PENDING APPROVAL OF RECLASSIFICATION AND TRANSFER FROM HIS OFFICIAL STATION MOLINE, ILLINOIS. IT IS REPORTED THAT HE WAS ADVISED BY HIS SUPERIOR OFFICERS THAT THERE APPEARED TO BE NO OBSTACLE WHICH COULD PREVENT HIS TRANSFER. DUE TO THE PRESENT DIFFICULTIES IN SECURING PROPER HOUSING FACILITIES, THE EMPLOYEE HAD HIS HOUSEHOLD GOODS TRANSPORTED TO GREEN BAY, THE PROPOSED NEW OFFICIAL STATION ON NOVEMBER 22, 1944. THE TRANSFER OF OFFICIAL STATION WAS NOT AUTHORIZED UNTIL NOVEMBER 30 ON SCHEDULE OPA-388 EFFECTIVE DECEMBER 8, 1944.

YOUR EARLY CONSIDERATION AND DECISION ARE RESPECTFULLY REQUESTED TO ADVISE WHETHER THE PAYMENT OF EXPENSES OF TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF AN EMPLOYEE IN CONNECTION WITH TRANSFER TO A NEW OFFICIAL STATION FOR PERMANENT DUTY ARE PROPERLY PAYABLE WHEN THE SHIPMENT COMMENCES OR ARRIVES AT THE NEW STATION PRIOR TO THE DATE OF ISSUANCE OF THE TRANSFER AUTHORIZATION OR EFFECTIVE DATE OF THE TRANSFER, PROVIDED, THE HEAD OF THE AGENCY CONSIDERS SUCH TRANSPORTATION AS INCIDENTAL TO THE TRANSFER?

IN A RECENT DECISION--- DATED JANUARY 12, 1945, B-46478--- IT WAS HELD THAT:

SECTION 1 OF THE PRESIDENTIAL REGULATIONS ( EXECUTIVE ORDER NO. 8588, DATED NOVEMBER 7, 1940) ISSUED PURSUANT TO THE ACT OF OCTOBER 10, 1940, 54 STAT. 1105, AUTHORIZES SHIPMENT OF HOUSEHOLD EFFECTS OF PERSONS OR EMPLOYEES OF THE UNITED STATES UPON TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER "WHEN SPECIFICALLY AUTHORIZED, OR APPROVED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED.' IN 21 COMP. GEN. 921, 923, IT WAS HELD, AMONG OTHER THINGS, THAT THE SHIPMENT OF HOUSEHOLD EFFECTS UNDER THE REGULATIONS EITHER MAY BE AUTHORIZED IN ADVANCE OF THE SHIPMENT OR APPROVED AFTER THE TRANSPORTATION HAS BEEN EFFECTED. ACCORDINGLY, AS IT APPEARS FROM YOUR LETTER THAT THE SHIPMENT OF THE HOUSEHOLD GOODS OF MR. PETERSON WAS ACCOMPLISHED AFTER THE EMPLOYEE HAD BEEN INFORMED OF THE CONTEMPLATED TRANSFER OF HIS HEADQUARTERS THE SUBSEQUENT TRANSFER ORDER DATED JUNE 30, 1944, SPECIFICALLY AUTHORIZING THE TRANSPORTATION OF HIS HOUSEHOLD GOODS MAY BE ACCEPTED AS THE SUBSEQUENT APPROVAL OF THE TRANSPORTATION ALREADY ACCOMPLISHED AND IF IT WAS SIGNED BY THE SECRETARY OF THE INTERIOR OR AN ASSISTANT SECRETARY OF THE INTERIOR, REIMBURSEMENT TO THE EMPLOYEE FOR THE AMOUNT SO EXPENDED BY HIM FOR THE TRANSPORTATION OF HIS HOUSEHOLD GOODS IS AUTHORIZED, SUBJECT TO VERIFICATION OF THE RATES AND DETERMINATION OF THE MOST ECONOMICAL MODE OF TRANSPORTATION AS REQUIRED BY SECTION 5 OF EXECUTIVE ORDER 8588, AS AMENDED BY EXECUTIVE ORDER 9122 OF APRIL 6, 1942.

THE TRANSPORTATION OF THE HOUSEHOLD EFFECTS OF WILLIAM C. FLETCHER APPEARS TO HAVE TAKEN PLACE UNDER CIRCUMSTANCES THAT ARE SIMILAR TO THOSE CONSIDERED IN THE ABOVE DECISION AND WHAT WAS THERE HELD APPLIES WITH EQUAL FORCE HERE. HENCE, UPON APPROVAL BY THE PRICE ADMINISTRATOR OF THE TRANSPORTATION OF HIS HOUSEHOLD EFFECTS AND UPON A SHOWING OF RELATIONSHIP BETWEEN THE MOVEMENT OF HIS EFFECTS AND THE TRANSFER TO HIS NEW STATION, THE VOUCHER, IF OTHERWISE CORRECT AS TO ECONOMY, ETC., MAY BE CERTIFIED FOR PAYMENT.