B-55476, FEBRUARY 18, 1946, 25 COMP. GEN. 598

B-55476: Feb 18, 1946

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WHERE THE SIX-MONTH PERIOD GRANTED BY SECTION 12 OF EXECUTIVE ORDER NO. 9122 WITHIN WHICH SHIPMENT OF AN EMPLOYEE'S HOUSEHOLD EFFECTS INCIDENT TO A CHANGE OF STATION WAS REQUIRED TO BEGIN WAS NOT EXTENDED AS AUTHORIZED BY SAID EXECUTIVE ORDER UPON THE EMPLOYEE'S ENTRY INTO THE MILITARY SERVICE DURING SAID PERIOD. THE PERIOD EXPIRED WHILE THE EMPLOYEE WAS IN THE MILITARY SERVICE. - THERE IS NO AUTHORITY FOR GRANTING AN EXTENSION OF TIME SUBSEQUENT TO THE EMPLOYEE'S RETURN TO DUTY. 1946: I HAVE YOUR LETTER OF JANUARY 23. AS FOLLOWS: REFERENCE IS MADE TO EXECUTIVE ORDER NO. 8588 WHICH PRESCRIBES REGULATIONS GOVERNING THE PAYMENT OF EXPENSES OF TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF GOVERNMENT EMPLOYEES UPON TRANSFER OF OFFICIAL STATION.

B-55476, FEBRUARY 18, 1946, 25 COMP. GEN. 598

TRANSPORTATION - HOUSEHOLD EFFECTS - EFFECT OF ENTRANCE UPON MILITARY SERVICE ON TIME LIMITATION FOR SHIPMENT THE FACT THAT AN EMPLOYEE ENTERED THE MILITARY SERVICE PRIOR TO SHIPMENT OF HIS HOUSEHOLD EFFECTS INCIDENT TO A PERMANENT CHANGE OF STATION HAS NO EFFECT TO STOP THE RUNNING OF THE SIX-MONTH PERIOD PRESCRIBED BY SECTION 12 OF EXECUTIVE ORDER 9122 WITHIN WHICH SHIPMENT MAY BE MADE WITHOUT EXTENSION OF TIME, SO AS TO ENTITLE THE EMPLOYEE TO SHIPMENT TO THE NEW STATION UPON RELEASE FROM MILITARY SERVICE AND RETURN TO DUTY AFTER EXPIRATION OF THE SIX-MONTH PERIOD. WHERE THE SIX-MONTH PERIOD GRANTED BY SECTION 12 OF EXECUTIVE ORDER NO. 9122 WITHIN WHICH SHIPMENT OF AN EMPLOYEE'S HOUSEHOLD EFFECTS INCIDENT TO A CHANGE OF STATION WAS REQUIRED TO BEGIN WAS NOT EXTENDED AS AUTHORIZED BY SAID EXECUTIVE ORDER UPON THE EMPLOYEE'S ENTRY INTO THE MILITARY SERVICE DURING SAID PERIOD, AND THE PERIOD EXPIRED WHILE THE EMPLOYEE WAS IN THE MILITARY SERVICE--- THE RUNNING OF THE PERIOD NOT HAVING BEEN AFFECTED BY THE EMPLOYEE'S ENTRANCE UPON MILITARY SERVICE--- THERE IS NO AUTHORITY FOR GRANTING AN EXTENSION OF TIME SUBSEQUENT TO THE EMPLOYEE'S RETURN TO DUTY.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF AGRICULTURE, FEBRUARY 18, 1946:

I HAVE YOUR LETTER OF JANUARY 23, 1946, AS FOLLOWS:

REFERENCE IS MADE TO EXECUTIVE ORDER NO. 8588 WHICH PRESCRIBES REGULATIONS GOVERNING THE PAYMENT OF EXPENSES OF TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF GOVERNMENT EMPLOYEES UPON TRANSFER OF OFFICIAL STATION.

SECTION 12 OF THE ORDER (AS AMENDED) PROVIDES THAT SHIPMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS SHALL BE MADE WITHIN ONE YEAR FROM THE EFFECTIVE DATE OF THE TRANSFER UNLESS AN EXTENSION OF TIME IS SPECIFICALLY AUTHORIZED, BUT THAT SUCH EXTENSION SHALL BE APPROVED WITHIN THE ONE-YEAR PERIOD DURING WHICH SHIPMENT WOULD OTHERWISE BEGIN AND SHALL BE FOR A PERIOD NOT EXCEEDING TWO YEARS FROM THE EFFECTIVE DATE OF THE TRANSFER. IT FURTHER PROVIDES 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 SUCH MILITARY DUTY, THE EXTENSION MAY BE MADE EFFECTIVE UNTIL A DATE NOT MORE THAN SIX MONTHS FOLLOWING THE DATE OF TERMINATION OF THE FURLOUGH.

QUESTION HAS ARISEN AS TO EXPIRATION OF TIME LIMIT UNDER THE REGULATION WITH RESPECT TO AN EMPLOYEE INDUCTED INTO MILITARY SERVICE BETWEEN THE DATE OF HIS TRANSFER TO A NEW STATION AND THE EXPIRATION OF THE PERIOD WITHIN WHICH HE WAS AUTHORIZED TO SHIP HIS HOUSEHOLD GOODS, WHERE NO TIME EXTENSION WAS MADE. AN EMPLOYEE OF THE FOREST SERVICE, TRANSFERRED ON DECEMBER 26, 1942, UNDER PROPER AUTHORIZATION, FROM SALINAS, CALIFORNIA, TO LOS ANGELES, CALIFORNIA; WAS INDUCTED INTO MILITARY SERVICE ON MARCH 1, 1943, BEFORE SHIPMENT OF HIS HOUSEHOLD GOODS; AND RETURNED TO DUTY FROM MILITARY FURLOUGH ON OCTOBER 8, 1945. LITTLE MORE THAN TWO MONTHS OF THE SIX-MONTH PERIOD HAD ELAPSED AT TIME OF INDUCTION; THROUGH OVERSIGHT THE PERIOD FOR SHIPMENT WAS NOT EXTENDED. DECISION IS REQUESTED AS TO WHETHER HE MAY SHIP UNDER THE ORIGINAL AUTHORIZATION (A) WITHIN THE PERIOD OF SIX MONTHS FOLLOWING DATE OF RETURN TO DUTY MINUS THE TIME THAT HAD ELAPSED AT TIME OF FURLOUGH OR (B) WITHIN ONE YEAR (THE INITIAL TIME LIMIT NOW IN EFFECT) MINUS THE ELAPSED TIME, IN EITHER CASE WITHOUT FURTHER ADMINISTRATIVE ACTION EXTENDING THE TIME?

IF THE TIME LIMIT FOR SHIPMENT OF HOUSEHOLD GOODS MAY NOT BE AUTOMATICALLY EXTENDED BY THE MILITARY FURLOUGH, FURTHER DECISION IS DESIRED AS TO WHETHER FOLLOWING RETURN TO DUTY AN EXTENSION OF TIME FOR AN ADDITIONAL PERIOD MAY BE GRANTED, THE ORIGINAL SIX-MONTH PERIOD HAVING EXPIRED WHILE THE EMPLOYEE WAS IN MILITARY SERVICE.

AS INDICATED IN YOUR LETTER, EXECUTIVE ORDER 9587 OF JULY 6, 1945, WHICH AMENDED SECTION 12 OF EXECUTIVE ORDER 8588, PROVIDES IN EFFECT THAT SHIPMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS SHALL BE MADE WITHIN ONE YEAR FROM THE EFFECTIVE DATE OF THE TRANSFER OF THE EMPLOYEE INVOLVED UNLESS AN EXTENSION OF TIME IS AUTHORIZED. HOWEVER, IT IS SPECIFICALLY STATED IN THE FINAL PARAGRAPH THEREOF THAT "THIS ORDER SHALL BE EFFECTIVE AS OF JULY 1, 1945.' HENCE, NO RETROACTIVE EFFECT BEYOND THAT DATE CAN BE GIVEN THERETO.

SECTION 12 OF EXECUTIVE ORDER 9122 OF APRIL 6, 1942, WHICH AMENDED SECTION 12 OF EXECUTIVE ORDER 8588, EFFECTIVE OCTOBER 1, 1942 (SEE EXECUTIVE ORDER 9223, DATED AUGUST 15, 1942), READS AS OLLOWS:

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 FORA 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.

THE ABOVE-QUOTED REGULATION IS 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. CF. 23 COMP. GEN. 32. ACCORDINGLY, WHILE IT IS NOT SO STATED IN YOUR LETTER, FOR THE PURPOSE OF THE DECISION, IT WILL BE ASSUMED THAT THE INVOLVED EMPLOYEE REPORTED FOR DUTY AT LOS ANGELES ON OR ABOUT DECEMBER 26, 1942--- A DATE PRIOR TO THE DATE OF HIS INDUCTION INTO MILITARY SERVICE, MARCH 1, 1943.

THE QUESTION OF WHEN A SHIPMENT IS REQUIRED TO BEGIN WITHIN THE MEANING OF EXECUTIVE ORDER 8588 WAS CONSIDERED IN 20 COMP. GEN. 568, WHEREIN IT WAS HELD (QUOTING FROM THE SYLLABUS):

UNDER SECTION 12 OF EXECUTIVE ORDER NO. 8588, DATED NOVEMBER 7, 1940, SHIPMENT OF AN EMPLOYEE'S HOUSEHOLD EFFECTS MUST BEGIN WITHIN 6 MONTHS OF THE EFFECTIVE DATE OF HIS TRANSFER, AND THE TIME THE CARRIER RECEIVES THE GOODS WITH AN ORDER TO FORWARD THEM MAY BE CONSIDERED THE BEGINNING OF SHIPMENT WITHIN THE MEANING OF THIS SECTION.

IN THE DECISION OF SEPTEMBER 27, 1943, B-36872, TO THE SECRETARY OF THE NAVY, THERE WAS CONSIDERED A CASE IN WHICH A BILL OF LADING WAS ISSUED WITHIN 6 MONTHS FROM THE EFFECTIVE DATE OF THE EMPLOYEE'S TRANSFER, BUT THE HOUSEHOLD GOODS ACTUALLY WERE NOT SHIPPED UNTIL AFTER THE 6-MONTH PERIOD--- NO EXTENSION OF TIME HAVING BEEN GRANTED. IT WAS HELD IN THAT DECISION:

IN THE INSTANT CASE IT DOES NOT APPEAR THAT ANY EXTENSION OF TIME WAS GRANTED BY YOU AS HEAD OF THE DEPARTMENT WITHIN THE PERIOD PRESCRIBED BY SECTION 12 OF THE REGULATION REFERRED TO IN YOUR LETTER, THAT IS, WITHIN THE SIX MONTHS' PERIOD FROM THE EFFECTIVE DATE OF TRANSFER, AUGUST 9, 1942, OR PRIOR TO FEBRUARY 9, 1943. IT FOLLOWS, IN THE LIGHT OF THE EXPRESS TERMS OF THE REFERRED-TO REGULATION AS CONSTRUED IN THE DECISION, SUPRA, THAT NO RIGHT VESTS IN THE EMPLOYEE TO HAVE HIS HOUSEHOLD EFFECTS SHIPPED AT GOVERNMENT EXPENSE UNLESS SHIPMENT OF HIS EFFECTS BEGAN PRIOR TO THE DATE OF EXPIRATION OF SIX MONTHS FROM THE EFFECTIVE DATE OF HIS TRANSFER.

SO FAR AS IS SHOWN BY THE RECORD IN THE INSTANT CASE, THE SHIPMENT OF HOUSEHOLD GOODS WAS NOT MADE, AND NO EXTENSION OF TIME FOR THE SAID SHIPMENT WAS GRANTED WITHIN THE 6 MONTHS' PERIOD ALLOWED BY THE REGULATION; RATHER, IT IS SPECIFICALLY STATED THAT "THROUGH OVERSIGHT THE PERIOD FOR SHIPMENT WAS NOT EXTENDED.'

THE PRESIDENT'S REGULATION ( EXECUTIVE ORDER 9122) WAS ISSUED UNDER AUTHORITY OF THE ACT OF OCTOBER 10, 1940, 54 STAT. 1105, AND, THEREFORE, HAS THE FULL FORCE AND EFFECT OF LAW. CONSEQUENTLY, NEITHER THE DEPARTMENT OF AGRICULTURE NOR THIS OFFICE HAS ANY AUTHORITY TO WAIVE ITS REQUIREMENTS. B-31573, JANUARY 15, 1943; B-40609, APRIL 13, 1944; B- 47454, FEBRUARY 15, 1945; B-47966, MARCH 12, 1945.

ACCORDINGLY, SINCE IT IS INDICATED BY THE RECORD THAT THE SHIPMENT DID NOT BEGIN WITHIN 6 MONTHS OF THE EFFECTIVE DATE OF THE TRANSFER OF THE INVOLVED EMPLOYEE, UNDER THE APPLICABLE LAW AND REGULATION SHIPMENT OF HIS HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS NOT NOW AUTHORIZED; HENCE, QUESTIONS (A) AND (B) ARE ANSWERED IN THE NEGATIVE.

WITH RESPECT TO QUESTION (C), SINCE UNDER THE TERMS OF EXECUTIVE ORDER 9122, THE ENTRANCE UPON ACTIVE MILITARY DUTY OF THE EMPLOYEE ON MARCH 1, 1943, HAD NO EFFECT TO STOP THE RUNNING OF THE 6 MONTHS' PERIOD WITHIN WHICH THE "EXTENSION * * * SPECIFICALLY GRANTED BY THE HEAD OF THE DEPARTMENT * * * SHALL BE APPROVED" AND THE SAID 6 MONTHS' PERIOD EXPIRED WHILE THE EMPLOYEE WAS IN MILITARY SERVICE, THERE WOULD BE NO AUTHORITY OF LAW FOR THE GRANTING SUBSEQUENT TO THE DATE OF THE EMPLOYEE'S RETURN TO DUTY IN THE DEPARTMENT OF AGRICULTURE, OCTOBER 8, 1945, OF SUCH AN EXTENSION.