B-72958, MARCH 12, 1948, 27 COMP. GEN. 511

B-72958: Mar 12, 1948

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHICH PROVIDES NO ALLOWANCE WHERE SHIPMENT IS ACCOMPLISHED BY OTHER THAN A "CARRIER. " THERE IS NO BASIS UPON WHICH REIMBURSEMENT MAY BE MADE FOR SHIPMENTS EFFECTED BY MEANS OF AN EMPLOYEE'S TRAILER. 1948: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 10. REQUESTING A DECISION AS TO WHETHER REIMBURSEMENT FOR SUCH SHIPMENT IS AUTHORIZED. THE EMPLOYEE'S PERMANENT DUTY STATION WAS CHANGED FROM GRAND JUNCTION. THE SHIPMENT OF HIS HOUSEHOLD EFFECTS IN ACCORDANCE WITH THE TERMS OF EXECUTIVE ORDER 9805 WAS AUTHORIZED THEREIN. PURSUANT TO SAID AUTHORIZATION HIS EFFECTS WERE MOVED FROM HIS OLD TO HIS NEW STATION DURING THE PERIOD JULY 31 TO AUGUST 4. WHICH AMOUNT IS ALLOWABLE UNDER EXECUTIVE ORDER 9805 UPON A COMMUTED BASIS FOR SHIPMENT OF 5.

B-72958, MARCH 12, 1948, 27 COMP. GEN. 511

TRANSPORTATION - HOUSEHOLD EFFECTS - SHIPMENT BY EMPLOYEES'S TRAILER UNDER SECTION 12 OF EXECUTIVE ORDER NO. 9805, WHICH AUTHORIZES REIMBURSEMENT FOR THE TRANSPORTATION OF EMPLOYEE'S HOUSEHOLD EFFECTS UPON CHANGE OF STATION IN A COMMUTED AMOUNT BASED ON THE NET WEIGHT OF THE HOUSEHOLD EFFECTS "ACTUALLY SHIPPED BY CARRIER,", BUT WHICH PROVIDES NO ALLOWANCE WHERE SHIPMENT IS ACCOMPLISHED BY OTHER THAN A "CARRIER," THERE IS NO BASIS UPON WHICH REIMBURSEMENT MAY BE MADE FOR SHIPMENTS EFFECTED BY MEANS OF AN EMPLOYEE'S TRAILER.

COMPTROLLER GENERAL WARREN TO FRANK H. SHINER, DEPARTMENT OF THE INTERIOR, MARCH 12, 1948:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 10, 1948, FILE REFERENCE 375, TRANSMITTING A RECLAIM VOUCHER IN FAVOR OF FRED I. GOULD FOR $50.51, ALLEGED TO BE DUE FOR SHIPMENT OF A PORTION OF HIS HOUSEHOLD EFFECTS FROM GRAND JUNCTIONS, COLORADO, TO MANCOS, COLORADO, BY MEANS OF THE EMPLOYEE'S TRAILER, INCIDENT TO A PERMANENT TRANSFER OF DUTY STATION AS AN EMPLOYEE OF THE BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR, AND REQUESTING A DECISION AS TO WHETHER REIMBURSEMENT FOR SUCH SHIPMENT IS AUTHORIZED.

BY TRANSFER ORDER DATED JULY 14, 1947, THE EMPLOYEE'S PERMANENT DUTY STATION WAS CHANGED FROM GRAND JUNCTION, COLORADO, TO MANCOS, COLORADO, EFFECTIVE AUGUST 10, 1947, AND THE SHIPMENT OF HIS HOUSEHOLD EFFECTS IN ACCORDANCE WITH THE TERMS OF EXECUTIVE ORDER 9805 WAS AUTHORIZED THEREIN. PURSUANT TO SAID AUTHORIZATION HIS EFFECTS WERE MOVED FROM HIS OLD TO HIS NEW STATION DURING THE PERIOD JULY 31 TO AUGUST 4, 1947, 3,620 POUNDS BEING SHIPPED BY PUBLIC CARRIER VAN AND 1,380 POUNDS BY THE EMPLOYEE'S TRAILER. THE EMPLOYEE CLAIMED REIMBURSEMENT OF $183, WHICH AMOUNT IS ALLOWABLE UNDER EXECUTIVE ORDER 9805 UPON A COMMUTED BASIS FOR SHIPMENT OF 5,000 POUNDS OF EFFECTS OVER A DISTANCE OF 210 MILES AT THE RATE OF $3.66 PER CWT. HOWEVER, THE SUM OF $50.51 ADMINISTRATIVELY WAS DEDUCTED THEREFROM COVERING THAT PORTION OF THE EFFECTS (1,380 POUNDS) TRANSPORTED IN THE EMPLOYEE'S TRAILER. BOTH THE AMOUNT OF THE SAID DEDUCTION AND THE PAYMENT ALLOWED FOR SHIPMENT OF 3,620 POUNDS WERE COMPUTED AT THE RATE OF $3.66 PER CWT. THE EMPLOYEE NOW SUBMITS A RECLAIM VOUCHER FOR PAYMENT OF THE AMOUNT DEDUCTED FROM THE ORIGINAL CLAIM, NAMELY, $50.51.

SECTION 12 OF EXECUTIVE ORDER 9805, GOVERNING THE PAYMENT OF TRANSPORTATION EXPENSES FOR SHIPMENT OF HOUSEHOLD AND PERSONAL EFFECTS OF CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES UPON TRANSFER OF PERMANENT DUTY STATION, PROVIDES AS FOLLOWS:

COMMUTATION OF EXPENSES. IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TRANSPORTATION, PACKING, CRATING, TEMPORARY STORAGE, DRAYAGE, AND UNPACKING OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IN THE CASE OF TRANSFERS BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES, REIMBURSEMENT SHALL BE MADE TO THE EMPLOYEE ON A COMMUTATED BASIS AT RATES PER HUNDRED POUNDS AS FIXED BY ZONES IN SCHEDULE A WHICH IS ATTACHED TO AND MADE A PART OF THESE REGULATIONS. THE AMOUNT PAYABLE SHALL BE THE PRODUCT OF THE APPLICABLE RATE AND THE NEW WEIGHT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS ACTUALLY SHIPPED BY CARRIER FOR THE EMPLOYEE (WITHIN THE WEIGHT LIMITATION PRESCRIBED BY SECTION 16 HEREOF). GOVERNMENT BILLS OF LADING SHALL NOT BE USED. ( ITALICS SUPPLIED.)

IT IS CLEAR FROM THE ABOVE-QUOTED SECTION OF THE REGULATIONS--- PARTICULARLY THE ITALICIZED PORTION--- THAT THE REGULATIONS CONTEMPLATE SHIPMENT OF AN EMPLOYEE'S EFFECTS BY PRIVATE OR COMMON CARRIER. PROVISION IS MADE THEREIN FOR ALLOWANCE OF ANY SUM WHERE THE SHIPMENT OF THE EFFECTS IS ACCOMPLISHED BY MEANS OF THE EMPLOYEE'S TRAILER, THAT IS, BY OTHER THAN A "CARRIER.' IN THE ABSENCE THEREOF, THERE IS NO LEGAL BASIS UPON WHICH REIMBURSEMENT MAY BE AUTHORIZED FOR SHIPMENTS OF EFFECTS ACCOMPLISHED BY SUCH MEANS OF TRANSPORTATION. SEE 111 P.2D 306, 310 ( BOARD OF RAILROAD COM-RS, ET AL. V. GAMBLE-ROBINSON CO; ET AL.); 133 P.2D 231, 237 ( HUDGENS V. STATE). ALSO SEE, WORDS AND PHRASES, PERMANENT EDITION, VOL. 6, PAGES 172-173 FOR OTHER DEFINITIONS OF THE WORD ,CARRIER.'

HOWEVER, SINCE UNDER THE FACTS PRESENTED, THE EMPLOYEE LEGALLY IS ENTITLED TO REIMBURSEMENT UPON A COMMUTATED BASIS FOR SHIPMENT OF 3,620 POUNDS OF EFFECTS AT THE RATE OF $3.89 PER CWT. (SEE SCHEDULE A OF EXECUTIVE ORDER 9805) OR $140.82, THERE STILL IS DUE HIM THE SUM OF $7.33 FOR THE SHIPMENT UNDERTAKEN BY PUBLIC CARRIER.

ACTION ON THE VOUCHER SHOULD BE TAKEN ACCORDINGLY. THE VOUCHER IS RETURNED HEREWITH.