B-68675, AUGUST 29, 1947, 27 COMP. GEN. 128

B-68675: Aug 29, 1947

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TRANSPORTATION OF HOUSEHOLD EFFECTS - ADVANCE AUTHORIZATION NECESSITY AN EMPLOYEE WHOSE CHANGE OF STATION ORDERS DID NOT PROVIDE FOR THE TRANSPORTATION OF HIS HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS NOT ENTITLED TO PAYMENT THEREFOR UNDER SECTION 1 OF THE ADMINISTRATIVE EXPENSE STATUTE OF AUGUST 2. 1947: REFERENCE IS MADE TO YOUR LETTER OF JULY 15. THIS VOUCHER IS FORWARDED FOR ADVANCE DECISION AS TO WHETHER PAYMENT THEREON MAY BE MADE IN VIEW OF THE FACT THAT THE EMPLOYEE MOVED HIS HOUSEHOLD GOODS UNDER A TRAVEL ORDER THAT HE DID NOT AUTHORIZE SUCH SHIPMENT. 3. BERGEN STATES THAT HE DID NOT REQUEST AUTHORITY FOR SHIPMENT OF HIS HOUSEHOLD GOODS AT THE TIME TRAVEL ORDER NO. 1516 (COPY OF WHICH IS ATTACHED TO THE INCLOSED VOUCHER) WAS ISSUED BECAUSE HE FELT THAT THE ASSIGNMENT TO CAMP CAMPBELL WOULD NOT BE OF SUFFICIENT DURATION TO WARRANT THE SHIPMENT.

B-68675, AUGUST 29, 1947, 27 COMP. GEN. 128

TRANSPORTATION OF HOUSEHOLD EFFECTS - ADVANCE AUTHORIZATION NECESSITY AN EMPLOYEE WHOSE CHANGE OF STATION ORDERS DID NOT PROVIDE FOR THE TRANSPORTATION OF HIS HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS NOT ENTITLED TO PAYMENT THEREFOR UNDER SECTION 1 OF THE ADMINISTRATIVE EXPENSE STATUTE OF AUGUST 2, 1946, WHICH PROVIDES FOR SUCH PAYMENT ONLY "WHEN AUTHORIZED IN THE ORDER DIRECTING THE TRAVEL," AND THE ORDERS CANNOT BE SUPPLEMENTED RETROACTIVELY AFTER THE TRANSFER HAS TAKEN PLACE.

COMPTROLLER GENERAL WARREN TO MAJ. O. M. HANEY, U.S. ARMY, AUGUST 29, 1947:

REFERENCE IS MADE TO YOUR LETTER OF JULY 15, 1947, FORWARDED TO THIS OFFICE BY SECOND INDORSEMENT FROM THE OFFICE OF CHIEF OF ENGINEERS, AUGUST 7, 1947, AND REQUESTING A DECISION AS FOLLOWS:

1. REIMBURSEMENT VOUCHER DRAWN PAYABLE TO WARREN L. BERGEN, AN EMPLOYEE OF THE CORPS OF ENGINEERS, LOUISVILLE DISTRICT, COVERING SHIPMENT OF HOUSEHOLD GOODS FROM INDIANAPOLIS, INDIANA, TO CAMP CAMPBELL, KENTUCKY, HAS BEEN PRESENTED TO THE UNDERSIGNED AS DEPUTY DISBURSING OFFICER TO B. B. TALLEY, COLONEL, C.E. SYMBOL 231-566, FOR PAYMENT.

2. THIS VOUCHER IS FORWARDED FOR ADVANCE DECISION AS TO WHETHER PAYMENT THEREON MAY BE MADE IN VIEW OF THE FACT THAT THE EMPLOYEE MOVED HIS HOUSEHOLD GOODS UNDER A TRAVEL ORDER THAT HE DID NOT AUTHORIZE SUCH SHIPMENT.

3. MR. BERGEN STATES THAT HE DID NOT REQUEST AUTHORITY FOR SHIPMENT OF HIS HOUSEHOLD GOODS AT THE TIME TRAVEL ORDER NO. 1516 (COPY OF WHICH IS ATTACHED TO THE INCLOSED VOUCHER) WAS ISSUED BECAUSE HE FELT THAT THE ASSIGNMENT TO CAMP CAMPBELL WOULD NOT BE OF SUFFICIENT DURATION TO WARRANT THE SHIPMENT. SUBSEQUENTLY IT BECAME EVIDENT THAT THE ASSIGNMENT WOULD PROVE OF LONGER DURATION THAN HE HAD ORIGINALLY ANTICIPATED AND HE ACCORDINGLY MOVED HIS HOUSEHOLD GOODS AFTER FAMILY QUARTERS HAD BEEN MADE AVAILABLE TO HIM.

4. HAD THE EMPLOYEE REQUESTED MOVEMENT OF HIS HOUSEHOLD GOODS AT GOVERNMENT EXPENSE AT THE TIME TRAVEL ORDER NO. 1516 WAS ISSUED CHANGING HIS PERMANENT STATION FROM LOUISVILLE, KENTUCKY, TO CAMP CAMPBELL, KENTUCKY, THE MOVEMENT WOULD HAVE BEEN AUTHORIZED. IT IS NOT CLEAR, HOWEVER, WHETHER OR NOT PUBLIC LAW 600 OR EXECUTIVE ORDER NO. 9805 CONTAINS SUFFICIENT AUTHORITY FOR THE DISTRICT ENGINEER TO AMEND THE ORIGINAL TRAVEL ORDER TO PROVIDE FOR MOVEMENT OF THE EMPLOYEE'S HOUSEHOLD GOODS AT GOVERNMENT EXPENSE SUBSEQUENT TO THE DATE SHIPMENT WAS ACTUALLY MADE.

5. IN VIEW OF THE ABOVE, ADVANCE DECISION IS REQUESTED AS TO WHETHER PAYMENT ON THE INCLOSED VOUCHER WOULD BE ALLOWED IF TRAVEL ORDER NO. 1516 WAS AMENDED TO INCLUDE AUTHORIZATION FOR SHIPMENT OF THE EMPLOYEE'S HOUSEHOLD GOODS AT GOVERNMENT EXPENSE.

REIMBURSEMENT FOR THE COST OF TRANSPORTATION OF HOUSEHOLD EFFECTS OF CIVILIAN OFFICERS OR EMPLOYEES OF THE UNITED STATES, UPON CHANGE OF STATION, IS AUTHORIZED BY SECTION 1 OF THE ACT OF AUGUST 2, 1946, PUBLIC LAW 600, 60 STAT. 806, ONLY "WHEN AUTHORIZED, IN THE ORDER DIRECTING THE TRAVEL.' WHEN SUCH AUTHORITY IS NOT CONTAINED IN THE ORDERS DIRECTING THE TRANSFER SUCH ORDERS CANNOT BE SUPPLEMENTED RETROACTIVELY AFTER THE TRANSFER HAS TAKEN PLACE. CF. 25 COMP. GEN. 708. IT IS CONCEDED THAT THE TRAVEL ORDERS IN THIS CASE DID NOT INCLUDE AUTHORITY FOR THE TRANSPORTATION OF THE EMPLOYEE'S HOUSEHOLD EFFECTS. ACCORDINGLY, REIMBURSEMENT TO THE SAID EMPLOYEE FOR THE COST OF TRANSPORTING HIS HOUSEHOLD EFFECTS IS NOT AUTHORIZED.