B-88223, AUGUST 30, 1949, 29 COMP. GEN. 100

B-88223: Aug 30, 1949

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IT IS PROPER TO COMPUTE THE BEGINNING OF THE TWO YEARS' PERIOD FROM THE TIME THE COMMON CARRIER'S LIABILITY ATTACHES TO THE SHIPMENT. 1949: REFERENCE IS MADE TO YOUR LETTER OF JULY 28. HAVE NO BEARING ON THE PRESENT CASE. THE "EFFECTIVE DATE OF THE TRANSFER" OF AN EMPLOYEE TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER IN THE SAME DEPARTMENT OR AGENCY IS THE DATE HE ENTERS UPON DUTY AT THE NEW OFFICIAL STATION. OR IF HE ALREADY IS PERFORMING TEMPORARY DUTY UNDER COMPETENT ORDERS AT THE NEW STATION. THE TRANSFER IS EFFECTIVE UPON THE DATE HE RECEIVES NOTICE THEREOF. SINCE THE EMPLOYEE IN THIS INSTANCE WAS NOT PERFORMING TEMPORARY DUTY AT BALTIMORE. THE EFFECTIVE DATE OF HER TRANSFER WAS FEBRUARY 12.

B-88223, AUGUST 30, 1949, 29 COMP. GEN. 100

TRANSPORTATION - HOUSEHOLD EFFECTS - TIME LIMITATIONS IN APPLYING THE WORDS "TRANSPORTATION * * * SHALL BEGIN" AS USED IN SECTION 5 OF EXECUTIVE ORDER NO. 9805, REQUIRING THAT THE TRANSPORTATION OF HOUSEHOLD EFFECTS INCIDENT TO PERMANENT CHANGE OF STATION BEGIN WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF THE TRANSFER OF THE EMPLOYEE, IT IS PROPER TO COMPUTE THE BEGINNING OF THE TWO YEARS' PERIOD FROM THE TIME THE COMMON CARRIER'S LIABILITY ATTACHES TO THE SHIPMENT, NAMELY, THE TIME THE CARRIER RECEIVES THE GOODS WITH AN ORDER TO FORWARD THEM TO A PARTICULAR DESTINATION.

COMPTROLLER GENERAL WARREN TO ETHELREDA C. FESMIRE, NATIONAL LABOR RELATIONS BOARD, AUGUST 30, 1949:

REFERENCE IS MADE TO YOUR LETTER OF JULY 28, 1949, TRANSMITTING A VOUCHER IN FAVOR OF MARIE A. PIERCE, AN EMPLOYEE OF THE NATIONAL LABOR RELATIONS BOARD, COVERING HER CLAIM FOR REIMBURSEMENT FOR EXPENSES OF TRANSPORTING HER HOUSEHOLD EFFECTS UPON TRANSFER OF OFFICIAL STATION, AND REQUESTING A DECISION AS TO WHETHER SAID VOUCHER MAY BE CERTIFIED FOR PAYMENT AND IN WHAT AMOUNT. YOU STATE THAT BECAUSE EXECUTIVE ORDER 9805 REQUIRES THAT TRANSPORTATION OF HOUSEHOLD GOODS SHALL BEGIN WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF THE TRANSFER, THERE MAY BE A QUESTION AS TO WHETHER THIS REQUIREMENT HAS BEEN COMPLIED WITH.

THE VOUCHER, IN THE AMOUNT OF $143.58, COVERS THE EMPLOYEE'S CLAIM FOR REIMBURSEMENT FOR ACTUAL EXPENSES INCURRED FOR HAULING 1,450 POUNDS OF HOUSEHOLD EFFECTS FROM CINCINNATI, OHIO, TO BALTIMORE, MD., ON FEBRUARY 11, 1949, AT $6.67 PER HUNDREDWEIGHT, $101.12, 3 PERCENT TRANSPORTATION TAX, $3.03, HAULING TO WAREHOUSE ON SEPTEMBER 6, 1946, $23.18, AND PACKING CHARGES, $16.25.

TRANSFER ORDER NO. 47-353A, DATED FEBRUARY 5, 1947, AUTHORIZED THE EMPLOYEE TO TRAVEL ON OR ABOUT FEBRUARY 11, 1947, FROM SAN FRANCISCO, CALIF., HER TEMPORARY DUTY STATION, TO BALTIMORE, MD., FOR THE PURPOSE OF EFFECTING A CHANGE IN OFFICIAL STATION FROM CINCINNATI, OHIO, TO BALTIMORE, MD., AND FURTHER AUTHORIZED, AMONG OTHER THINGS, THE TRANSPORTATION OF HER HOUSEHOLD GOODS. VOUCHER 122896, MARCH 1947 ACCOUNT OF PAUL D. BANNING, SHOWS THAT SHE LEFT SAN FRANCISCO FEBRUARY 11, 1947, 9 P.M., AND ARRIVED AT BALTIMORE ON FEBRUARY 12, 1947, 6:30 P.M.

SECTION 5 OF THE REGULATIONS GOVERNING PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES OF CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY, EXECUTIVE ORDER 9805, EFFECTIVE NOVEMBER 1, 1946, ISSUED PURSUANT TO LAW, 60 STAT. 806, PROVIDES THAT ALL TRAVEL AND TRANSPORTATION ALLOWABLE UNDER THE REGULATIONS SHALL BEGIN WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF THE TRANSFER OF THE EMPLOYEE, WITH CERTAIN EXCEPTIONS WHICH, APPARENTLY, HAVE NO BEARING ON THE PRESENT CASE.

THE "EFFECTIVE DATE OF THE TRANSFER" OF AN EMPLOYEE TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER IN THE SAME DEPARTMENT OR AGENCY IS THE DATE HE ENTERS UPON DUTY AT THE NEW OFFICIAL STATION, OR IF HE ALREADY IS PERFORMING TEMPORARY DUTY UNDER COMPETENT ORDERS AT THE NEW STATION, THE TRANSFER IS EFFECTIVE UPON THE DATE HE RECEIVES NOTICE THEREOF. SEE 28 COMP. GEN. 285, AT PAGE 288. SINCE THE EMPLOYEE IN THIS INSTANCE WAS NOT PERFORMING TEMPORARY DUTY AT BALTIMORE, THE EFFECTIVE DATE OF HER TRANSFER WAS FEBRUARY 12, 1947, THE DATE SHE ENTERED ON DUTY THERE.

IN APPLYING THE WORDS "TRANSPORTATION * * * SHALL BEGIN," APPEARING IN SAID SECTION 5 OF THE REGULATIONS, EXECUTIVE ORDER 9805, IT IS PROPER TO COMPUTE THE BEGINNING OF THE 2 YEARS' PERIOD FROM THE TIME THE COMMON CARRIER'S LIABILITY ATTACHES TO THE SHIPMENT, NAMELY, THE TIME THE CARRIER RECEIVES THE GOODS WITH AN ORDER TO FORWARD THEM TO A PARTICULAR DESTINATION. SEE 20 COMP. GEN. 568. AN ALLIED VAN LINES, INC., FREIGHT BILL, ATTACHED TO THE SUBMITTED VOUCHER, SHOWS THAT THE 1,450 POUNDS OF HOUSEHOLD GOODS WERE LOADED ON FEBRUARY 11, 1949. SINCE THAT WAS WITHIN 2 YEARS OF THE EFFECTIVE DATE OF THE TRANSFER, THE EMPLOYEE IS ENTITLED TO TRANSPORTATION OF HER HOUSEHOLD GOODS AT GOVERNMENT EXPENSE. HOWEVER, UNDER THE CURRENT LAW AND REGULATIONS, PUBLIC LAW 600, 60 STAT. 806, 807, AND EXECUTIVE ORDER 9805, AS AMENDED, PAYMENT UPON AN ACTUAL EXPENSE BASIS NO LONGER IS AUTHORIZED FOR TRANSPORTATION OF HOUSEHOLD EFFECTS MOVED BY A CARRIER BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES. 27 COMP. GEN. 740. THEREFORE, PAYMENT UPON THAT BASIS WOULD NOT BE PROPER. SECTION 12 OF EXECUTIVE ORDER 9805 PROVIDES THAT REIMBURSEMENT SHALL BE MADE TO THE EMPLOYEE UPON A COMMUTED BASIS, AND IN SCHEDULE A OF THE ORDER THERE ARE SET FORTH THE ESTABLISHED RATES PER 100 POUNDS FOR THE VARIOUS DISTANCES AND WEIGHTS SHOWN THEREIN. IN SECTION 13 OF THE SAID EXECUTIVE ORDER, IT IS STATED THAT THE APPLICATION OF THE SCHEDULE WILL REQUIRE A DETERMINATION OF THE SHORT-LINE HIGHWAY DISTANCE BETWEEN THE AUTHORIZED POINTS BETWEEN WHICH THE GOODS WERE SHIPPED. THE SHORT-LINE HIGHWAY DISTANCE BETWEEN CINCINNATI AND BALTIMORE IS SHOWN IN HOUSEHOLD GOODS CARRIERS' BUREAU MILEAGE GUIDE NO. 4 TO BE 504 MILES. SINCE SCHEDULE A OF EXECUTIVE ORDER 9805 SHOWS A RATE OF $6.80 PER HUNDREDWEIGHT FOR TRANSPORTATION OF 1,450 POUNDS A DISTANCE OF 504 MILES, THE TOTAL AMOUNT ALLOWABLE ON THE VOUCHER IS 1,450 TIMES $6.80 OR $98.60. THEREFORE, THE VOUCHER, WHICH IS RETURNED HEREWITH, IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR THAT AMOUNT.