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B-114826, MAY 7, 1974

B-114826 May 07, 1974
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AN EMPLOYEE TRAVELING TO HIS NEW OFFICIAL DUTY STATION BY PRIVATELY OWNED AUTOMOBILE WHO INTERRUPTS HIS TRAVEL ON WEEKENDS AND A HOLIDAY MAY BE PAID A PER DIEM ALLOWANCE ONLY TO THE EXTENT THAT THE TOTAL ELAPSED TRAVEL TIME IS WITHIN THE LIMITS PRESCRIBED BY REGULATION - THE MAXIMUM PER DIEM ALLOWANCE SHALL BE DETERMINED BY DIVIDING THE TOTAL DISTANCE BY 300 OR A GREATER NUMBER OF MILES PER DAY SET BY HIS AGENCY. APPARENTLY IT WAS NOT DECIDED THAT EMPLOYEE WOULD OCCUPY THE TRAILER ALONE ON A PERMANENT BASIS UNTIL AFTER THE PERIOD COVERED BY HIS CLAIM. AN EMPLOYEE WHO CLAIMED HOUSEHOLD GOODS TRANSPORTATION EXPENSES FOR MOVING GOODS IN A TRAVEL TRAILER WHICH HE DID NOT OCCUPY AS RESIDENCE AT HIS NEW OFFICIAL STATION MAY BE PAID FOR THE TRANSPORTATION OF HIS GOODS SINCE HE WAS NOT ELIGIBLE FOR TRANSPORTATION OF A TRAILER.

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B-114826, MAY 7, 1974

AN EMPLOYEE TRAVELING TO HIS NEW OFFICIAL DUTY STATION BY PRIVATELY OWNED AUTOMOBILE WHO INTERRUPTS HIS TRAVEL ON WEEKENDS AND A HOLIDAY MAY BE PAID A PER DIEM ALLOWANCE ONLY TO THE EXTENT THAT THE TOTAL ELAPSED TRAVEL TIME IS WITHIN THE LIMITS PRESCRIBED BY REGULATION - THE MAXIMUM PER DIEM ALLOWANCE SHALL BE DETERMINED BY DIVIDING THE TOTAL DISTANCE BY 300 OR A GREATER NUMBER OF MILES PER DAY SET BY HIS AGENCY. A TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE PAID AN EMPLOYEE WHO OCCUPIED A TRAVEL TRAILER AT HIS NEW OFFICIAL STATION FOR OVER ONE YEAR NEED NOT BE QUESTIONED SINCE WIFE AND FAMILY DID NOT JOIN EMPLOYEE AT NEW STATION ALTHOUGH WIFE MADE A HOUSE-HUNTING TRIP TO THE NEW STATION AFTER THE EMPLOYEE'S ARRIVAL. APPARENTLY IT WAS NOT DECIDED THAT EMPLOYEE WOULD OCCUPY THE TRAILER ALONE ON A PERMANENT BASIS UNTIL AFTER THE PERIOD COVERED BY HIS CLAIM. AN EMPLOYEE WHO CLAIMED HOUSEHOLD GOODS TRANSPORTATION EXPENSES FOR MOVING GOODS IN A TRAVEL TRAILER WHICH HE DID NOT OCCUPY AS RESIDENCE AT HIS NEW OFFICIAL STATION MAY BE PAID FOR THE TRANSPORTATION OF HIS GOODS SINCE HE WAS NOT ELIGIBLE FOR TRANSPORTATION OF A TRAILER. HOWEVER, SINCE THE EMPLOYEE DID NOT SUBMIT PROPER WEIGHT CERTIFICATES SHOWING GROSS WEIGHT OF LOADED VEHICLE AND TARE WEIGHT, HE MAY BE PAID ONLY IF HE ESTABLISHES CONSTRUCTIVE WEIGHT OF THE HOUSEHOLD EFFECTS COMPRISING THE SHIPMENT IN ACCORDANCE WITH FPMR 101-7.

TO FEDERAL PRISON INDUSTRIES:

FEDERAL PRISON INDUSTRIES, INC., A GOVERNMENT CORPORATION, SUBMITTED FOR OUR DECISION THREE QUESTIONS REGARDING THE PROPRIETY OF PAYMENTS MADE TO MR. ERNEST M. KIRBY, A FEDERAL PRISON INDUSTRIES EMPLOYEE, ON THREE TRAVEL VOUCHERS. THE VOUCHERS INVOLVE TRAVEL EXPENSES OF MR. KIRBY AND HIS FAMILY IN CONNECTION WITH A PERMANENT CHANGE OF STATION FROM TEXARKANA, TEXAS, TO LOMPOC, CALIFORNIA, EFFECTIVE MAY 1, 1972, AND A TRANSFER FROM LOMPOC, CALIFORNIA, TO TEXARKANA, TEXAS, EFFECTIVE JULY 8, 1973.

QUESTION 1: "CAN AN EMPLOYEE, TRAVELING ON A PERMANENT CHANGE OF DUTY STATION ORDER BE PAID PER DIEM FOR NON-DUTY DAYS (SATURDAY AND SUNDAY) WHEN THESE DAYS RESULT IN EXCEEDING THE MAXIMUM ALLOWABLE TRAVEL DAYS BASED ON MINIMUM DRIVING DISTANCE PER DAY OF 300 MILES? SEE VOUCHERS 29- PI-611 AND 42-PI-9842."

VOUCHER NO. 42-PI-9842 INDICATES THAT THE EMPLOYEE DEPARTED HIS TEXARKANA, TEXAS, RESIDENCE IN A PRIVATELY OWNED VEHICLE ON FRIDAY, APRIL 21, 1972, AT 10 A.M. HE PERFORMED NO TRAVEL ON SATURDAY AND SUNDAY, APRIL 22 AND 23, 1972, AND HE ARRIVED IN LOMPOC, CALIFORNIA, AT 8:30 P.M. ON APRIL 28, 1972. THE TRIP OF 1,722 MILES TOOK A TOTAL OF 7 3/4 DAYS, THUS, THE EMPLOYEE AVERAGED APPROXIMATELY 222 MILES PER DAY. VOUCHER NO. 29-PI- 611 INDICATES THE EMPLOYEE DEPARTED HIS STATION AT LOMPOC, CALIFORNIA, IN A PRIVATELY OWNED VEHICLE ON TUESDAY, JULY 3, 1973, AT 5 A.M. AND TRAVELED THE REMAINDER OF THAT DAY. HE DID NOT TRAVEL ON WEDNESDAY, JULY 4, 1973, A HOLIDAY, OR ON SATURDAY AND SUNDAY, JULY 7 AND 8, 1973, AND ARRIVED AT HIS NEW DUTY STATION AT TEXARKANA, TEXAS, AT 3 P.M. ON WEDNESDAY, JULY 11, 1973. THE EMPLOYEE WAS ENROUTE FOR 8-3/4 DAYS AND TRAVELED 1,722 MILES FOR AN AVERAGE MILEAGE OF APPROXIMATELY 197 MILES PER DAY.

THE ENTITLEMENT TO PER DIEM UNDER VOUCHER NO. 42-PI-9842 IS GOVERNED BY SECTION 2 OF THE EMPLOYEE RELOCATION ALLOWANCE REGULATIONS, OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULAR NO. A-56, REVISED, DATED AUGUST 17, 1971, IN EFFECT AT THE TIME TRAVEL WAS PERFORMED. APPLICABLE SUBSECTIONS OF THESE REGULATIONS ARE AS FOLLOWS:

"2.1 FOR THE EMPLOYEE. EXCEPT AS SPECIFICALLY PROVIDED IN THESE REGULATIONS, PER DIEM IN LIEU OF SUBSISTENCE EXPENSES, TRANSPORTATION COSTS AND OTHER TRAVEL EXPENSES OF THE EMPLOYEE, WILL BE ALLOWED IN ACCORDANCE WITH THE PROVISIONS OF 5 U.S.C. 5701-5708 AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS; HOWEVER, THE TEN-HOUR LIMITATION PROVISO IN THE REGULATIONS WITH RESPECT TO TRAVEL OF 24 HOURS OR LESS WILL NOT BE APPLIED IN COMPUTING THE AMOUNT OF PER DIEM ALLOWANCE. THIS SECTION APPLIES TO TRAVEL OF TRANSFERRED EMPLOYEES ***.

"2.3 FOR THE USE OF PRIVATELY OWNED AUTOMOBILE IN CONNECTION WITH PERMANENT CHANGE OF STATION

"D. MAXIMUM PER DIEM ALLOWANCES WHEN PRIVATELY OWNED AUTOMOBILE IS USED

"(1) RATES AS PRESCRIBED BY DEPARTMENT. THE PER DIEM ALLOWANCE FOR THE EMPLOYEE WHILE EN ROUTE BETWEEN THE OLD AND NEW DUTY STATIONS, WILL BE AT APPROPRIATE RATES, AS PRESCRIBED BY THE DEPARTMENT CONCERNED, WITHIN THE APPLICABLE MAXIMUMS AND IN ACCORDANCE WITH PROVISIONS OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THE PER DIEM ALLOWANCES PRESCRIBED IN 2.2B APPLY FOR MEMBERS OF AN EMPLOYEE'S IMMEDIATE FAMILY EXCEPT AS EXCLUDED IN 2.2C.

"(2)MAXIMUM ALLOWANCE BASED ON TOTAL DISTANCE. PER DIEM ALLOWANCES WILL BE PAID ON THE BASIS OF THE ACTUAL TIME USED TO COMPLETE THE TRIP BUT SUCH ALLOWANCES MAY NOT EXCEED AN AMOUNT COMPUTED ON THE BASIS OF A MINIMUM DRIVING DISTANCE PER DAY WHICH IS PRESCRIBED AS REASONABLE BY THE AUTHORIZING OFFICIAL AND IS NOT LESS THAN AN AVERAGE OF 300 MILES PER CALENDAR DAY.

"(3) METHOD OF COMPUTATION. IN COMPUTING THE PER DIEM AMOUNT FOR A PRESCRIBED MINIMUM DRIVING DISTANCE PER DAY, ONE-FOURTH OF THE PRESCRIBED PER DIEM RATE WILL BE ALLOWED FOR EACH ONE-FOURTH OF THE PRESCRIBED MINIMUM DISTANCE. FOR EXAMPLE, IF THE AUTHORIZING OFFICIAL PRESCRIBES A PER DIEM RATE OF $12 FOR THE EMPLOYEE AND A REASONABLE MINIMUM DRIVING DISTANCE OF 400 MILES A DAY, THE PER DIEM AMOUNT WILL BE $3 FOR EACH 100 MILES, OR FRACTION OF 100 MILES, TRAVELED BETWEEN THE OLD AND NEW OFFICIAL STATION."

VOUCHER NO. 29-PI-611 INVOLVES TRAVEL PERFORMED AFTER THE AFOREMENTIONED REGULATIONS HAD BEEN REVISED AND REPUBLISHED AS FEDERAL PROPERTY MANAGEMENT REGULATIONS (FPMR) 101-7, MAY 1, 1973. THE ABOVE QUOTED SUBSECTIONS WERE LEFT SUBSTANTIALLY UNCHANGED BUT WERE REDESIGNATED AS SECTIONS 2-2.1 AND 2-2.3D.

THE CITED REGULATIONS PROVIDE THAT THE EMPLOYEE WILL BE PAID A PER DIEM ALLOWANCE WHICH MAY NOT EXCEED AN AMOUNT THAT WOULD RESULT FROM DIVIDING THE DISTANCE TRAVELED BY A MINIMUM DRIVING DISTANCE OF 300 MILES PER DAY. THE REGULATIONS DO NOT PRESCRIBE PER DIEM FOR WEEKENDS AND HOLIDAYS WHEN NO TRAVEL IS PERFORMED. IN THIS CONNECTION WE HAVE PREVIOUSLY HELD THAT THE REIMBURSEMENT FOR EXPENSES INCURRED WHEN TRAVELING TO A NEW OFFICIAL STATION BY PRIVATELY OWNED AUTOMOBILE IS LIMITED TO THE EXPENSES TO WHICH THE EMPLOYEE AND THE MEMBERS OF HIS IMMEDIATE FAMILY WOULD HAVE BEEN ENTITLED IF THEY HAD TRAVELED BY A USUALLY TRAVELED ROUTE BETWEEN THE OLD AND NEW STATIONS AT THE SPECIFIED DISTANCE PER DAY. B-175018, JUNE 19, 1972; B-175436, APRIL 27, 1972; AND B-169065, MARCH 17, 1970.

SUBSECTION 6101(B)(2) OF TITLE 5, U.S.C. PROVIDES THAT TO THE MAXIMUM EXTENT PRACTICABLE, THE HEAD OF AN AGENCY SHALL SCHEDULE THE TIME TO BE SPENT BY AN EMPLOYEE IN A TRAVEL STATUS AWAY FROM HIS OFFICIAL DUTY STATION WITHIN THE REGULARLY SCHEDULED WORKWEEK OF THE EMPLOYEE. HOWEVER, WE DO NOT BELIEVE THAT THIS PROVISION WAS INTENDED TO PERMIT A TRAVELER FOR HIS OWN PERSONAL CONVENIENCE TO DELAY PROCEEDING DIRECTLY TO HIS NEW OFFICIAL STATION SO AS TO INCREASE HIS ENTITLEMENT TO PER DIEM IN LIEU OF SUBSISTENCE. SEE 46 COMP. GEN. 425 (1966) AND B-163654, JUNE 22, 1971. IN LIGHT OF THE ABOVE QUESTION NUMBER 1 IS ANSWERED IN THE NEGATIVE.

QUESTION 2: "CAN AN EMPLOYEE RECEIVE PAYMENT FOR TEMPORARY QUARTERS WHEN THE EMPLOYEE OCCUPIES THE SAME QUARTERS FOR THE ENTIRE TIME AT THE LOCATION TO WHICH TRANSFERRED? SEE VOUCHER 42-PI-11168."

VOUCHER NO. 42-PI-11168 AND ASSOCIATED PAPERS INDICATE THAT MR. KIRBY MOVED HIS TRAVEL TRAILER INTO SPACE NUMBER 112 OF THE CONTINENTAL MOBILE HOME PARK AT LOMPOC, CALIFORNIA, UPON HIS ARRIVAL AT HIS NEW STATION IN APRIL 1972 AND LIVED IN IT ON THIS SPACE UNTIL MAY 1973.

THE PROVISIONS OF 5 U.S.C. 5724AA)(3) AUTHORIZE THE ALLOWANCE IN QUESTION. DURING THE PERIOD INVOLVED THE STATUTE WAS IMPLEMENTED BY OMB CIRCULAR NO. A-56, REVISED AUGUST 17, 1971, CITED ABOVE. SUBSECTION 8.2C OF THE CIRCULAR STATES:

"TEMPORARY QUARTERS REFERS TO ANY LODGING OBTAINED FROM PRIVATE OR COMMERCIAL SOURCES TO BE OCCUPIED TEMPORARILY BY THE EMPLOYEE AND/OR MEMBERS OF HIS IMMEDIATE FAMILY WHO HAVE VACATED THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME THE TRANSFER WAS AUTHORIZED."

WE HAVE CONSISTENTLY HELD THAT THE DETERMINATION OF THE TYPE OF RESIDENCE OCCUPIED, I.E., TEMPORARY OR PERMANENT, IS BASED ON THE INTENT OF THE EMPLOYEE AT THE TIME HE OR A MEMBER OF HIS FAMILY MOVES INTO THE QUARTERS WHICH LATER BECOMES HIS PERMANENT RESIDENCE. SEE B 178658, AUGUST 22, 1973; B-177546, FEBRUARY 8, 1973; B-163307, FEBRUARY 7, 1968.

THE RECORD INDICATES THAT MR. KIRBY WAS AUTHORIZED A HOUSE-HUNTING TRIP AND TRANSPORTATION FOR HIS WIFE AND EIGHT CHILDREN TO HIS NEW STATION. DURING THE PERIOD MAY 19 TO 24, 1972, WHICH WAS AFTER THE EMPLOYEE'S ARRIVAL AT HIS NEW STATION, MRS. KIRBY PERFORMED THE HOUSE HUNTING TRIP. APPARENTLY AFTER MRS. KIRBY PERFORMED THAT TRIP IT WAS DECIDED THAT THE FAMILY WOULD NOT JOIN MR. KIRBY AT THE NEW STATION. IN VIEW OF THE CIRCUMSTANCES THE PAYMENT OF THE TEMPORARY QUARTERS ALLOWANCE NEED NOT BE QUESTIONED. QUESTION 2 IS ANSWERED ACCORDINGLY.

QUESTION 3: "CAN EMPLOYEE RECEIVE PAYMENT FOR MOVEMENT OF HOUSEHOLD GOODS, WHEN HIS OLD RESIDENCE WAS HIS OWN TRAVEL TRAILER AND UPON ARRIVAL AT HIS NEW DUTY STATION, TEXARKANA, TEXAS HE DID NOT USE THE TRAILER AS HIS RESIDENCE? IF PAYMENT CAN BE MADE, ARE THE RECEIPTS ATTACHED TO VOUCHER 29-PI-611 PROPER DOCUMENTATION AS DESCRIBED IN FPMR 101-7; 2- 8.3A(3)?"

IT HAS BEEN HELD THAT WHEN AN EMPLOYEE TRANSPORTS HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS IN HIS HOUSE TRAILER OR MOBILE DWELLING, HE MAY BE AUTHORIZED PAYMENT ONLY UPON A MILEAGE BASIS AUTHORIZED FOR TRANSPORTATION OF A HOUSE TRAILER. SEE B-170183, AUGUST 14, 1970. HOWEVER, WHEN THE EMPLOYEE DOES NOT SUBMIT A CERTIFICATE STATING THAT HE INTENDS TO USE THE MOBILE DWELLING AS A RESIDENCE AT THE NEW STATION, HE IS NOT ELIGIBLE FOR AN ALLOWANCE FOR ITS TRANSPORTATION. SEE CHAPTER 2, PART 7, FPMR 101-7, 2 -7.1A. IN THIS CASE MR. KIRBY DID NOT OCCUPY HIS TRAVEL TRAILER AS A RESIDENCE AT THE NEW STATION. THEREFORE, HE WAS NOT ELIGIBLE FOR TRANSPORTATION OF A MOBILE HOME. IN THESE CIRCUMSTANCES PAYMENT FOR THE TRANSPORTATION OF THE HOUSEHOLD EFFECTS IN THE TRAVEL TRAILER MAY BE ALLOWED TO THE EXTENT THAT SUCH PAYMENT IS ALLOWED WHEN GOODS ARE TRANSPORTED BY THE EMPLOYEE HIMSELF AND NOT BY A COMMERCIAL CARRIER.

CHAPTER 2, PART 8, FPMR 101-7, 2-8.3, PROVIDES, IN EFFECT, THAT WHEN AN EMPLOYEE TRANSPORTS HOUSEHOLD GOODS OTHER THAN BY COMMERCIAL CARRIER HE SHALL DOCUMENT THE WEIGHT OF THE GOODS TRANSPORTED BY OBTAINING WEIGHT CERTIFICATES SHOWING THE WEIGHT OF THE VEHICLE BEFORE LOADING AND THE WEIGHT OF THE VEHICLE AFTER IT HAS BEEN LOADED.

VOUCHER NO. 29-PI-611 INDICATES THAT MR. KIRBY WAS PAID AT THE COMMUTED RATE FOR THE TRANSPORTATION OF 1,350 POUNDS OF HOUSEHOLD EFFECTS FROM LOMPOC, CALIFORNIA, TO TEXARKANA, TEXAS, IN HIS TRAVEL TRAILER. DOCUMENTATION FOR THE WEIGHT TRANSPORTED CONSISTED OF A TEXAS HIGHWAY DEPARTMENT LICENSE RECEIPT LISTING THE GROSS WEIGHT OF THE TRAILER AT 3,100 POUNDS AND AN UNVERIFIED SALES SLIP FROM GROSS TRUCKLINE, TEXAS BIG SERVICE, TEXARKANA, TEXAS, DATED JULY 11, 1973, SHOWING THE TRAILER WEIGHED 4,450 POUNDS.

IN THIS CASE THE ACTUAL WEIGHT OF THE UNLOADED VEHICLE CANNOT BE DETERMINED SINCE THERE IS NO WEIGHT CERTIFICATE AS TO ITS WEIGHT PRIOR TO THE LOADING OF THE HOUSEHOLD EFFECTS. ALSO, THE WEIGHT ON THE LICENSE RECEIPT MAY NOT BE ACCEPTED AS PROOF OF THE ACTUAL UNLOADED WEIGHT SINCE THERE IS NO INFORMATION AS TO WHETHER THIS WEIGHT WOULD INCLUDE THE WEIGHT OF THE WATER AND THE CONTENTS OF HOLDING TANKS WHICH MIGHT HAVE BEEN INCLUDED IN THE SCALE WEIGHT FURNISHED. THEREFORE, THE WEIGHT OF THE HOUSEHOLD EFFECTS WAS NOT PROPERLY ESTABLISHED AND PAYMENT FOR THEIR TRANSPORTATION AT THE COMMUTED RATE SHOULD NOT HAVE BEEN MADE ON THE BASIS OF THE INFORMATION PRESENTED.

ALTHOUGH THE DOCUMENTATION SUBMITTED DOES NOT ESTABLISH THE WEIGHT OF THE HOUSEHOLD EFFECTS TRANSPORTED, MR. KIRBY MAY BE ABLE TO SUBSTANTIATE SUCH WEIGHT ON A CONSTRUCTIVE WEIGHT BASIS. THE REGULATION GOVERNING CONSTRUCTIVE WEIGHT CONTAINED IN CHAPTER 2, PART 8, FPMR 101-7, IS AS FOLLOWS:

"2-8.2. GENERAL LIMITATIONS.

"B. DETERMINING THE NET WEIGHT.

"(4) CONSTRUCTIVE WEIGHT. IF NO ADEQUATE SCALE IS AVAILABLE AT POINT OF ORIGIN, AT ANY POINT EN ROUTE, OR AT DESTINATION, A CONSTRUCTIVE WEIGHT, BASED ON 7 POUNDS PER CUBIC FOOT OF PROPERLY LOADED VAN SPACE, MAY BE USED. SUCH CONSTRUCTIVE WEIGHT ALSO MAY BE USED FOR A PART-LOAD WHEN ITS WEIGHT COULD NOT BE OBTAINED AT ORIGIN, EN ROUTE, OR AT DESTINATION, WITHOUT FIRST UNLOADING IT OR OTHER PART LOADS BEING CARRIED IN THE SAME VEHICLE, OR WHEN THE HOUSEHOLD GOODS ARE NOT WEIGHED BECAUSE THE CARRIER'S CHARGES FOR A LOCAL OR METROPOLITAN AREA MOVE ARE PROPERLY COMPUTED ON A BASIS OTHER THAN THE WEIGHT OR VOLUME OF THE SHIPMENT (AS WHEN PAYMENT IS BASED ON AN HOURLY RATE AND THE DISTANCE INVOLVED). HOWEVER, IN SUCH INSTANCES THE EMPLOYEE SHOULD OBTAIN A STATEMENT FROM THE CARRIER SHOWING THE AMOUNT OF PROPERLY LOADED VAN SPACE REQUIRED FOR THE SHIPMENT. (SEE ALSO 2 8.3A(3) WITH RESPECT TO PROOF OF ENTITLEMENT TO A COMMUTED RATE PAYMENT WHEN NET WEIGHT CANNOT BE SHOWN.)"

PURSUANT TO THE ABOVE REGULATIONS, THE WEIGHT OF HOUSEHOLD EFFECTS TRANSPORTED FOR THE PURPOSE OF COMPUTING THE COMMUTED RATE OF PAYMENT ALLOWABLE MAY BE DETERMINED EITHER BY THE ACTUAL SCALE WEIGHT OF THE GOODS OR BY THE CONSTRUCTIVE WEIGHT OF SUCH GOODS DETERMINED ON THE BASIS OF THE SPACE OCCUPIED WHEN PROPERLY LOADED FOR SHIPMENT IN A TRANSPORT VEHICLE. IN CONNECTION WITH THE ESTABLISHMENT OF A CONSTRUCTIVE WEIGHT THE FOLLOWING WAS STATED IN 48 COMP. GEN. 115 (1968):

"*** (AN EMPLOYEE) MAY BE PAID AT THE COMMUTED RATE ONLY IF HE IS ABLE TO SHOW THE AMOUNT OF SPACE OCCUPIED BY HIS GOODS AND THAT THE GOODS WERE PROPERLY LOADED IN THE SPACE AVAILABLE. IN ESTABLISHING THE AMOUNT OF SPACE WHICH WOULD HAVE BEEN OCCUPIED BY HIS EFFECTS IF PROPERLY LOADED, THE EMPLOYEE MAY SUBMIT A LIST OF ITEMS TRANSPORTED TOGETHER WITH THE VOLUME OCCUPIED BY EACH BASED ON ACTUAL MEASUREMENT OR A UNIFORM TABLE, PREFERABLY PREPARED BY A COMMERCIAL CARRIER." IN ORDER TO SATISFY THE DOCUMENTATION REQUIREMENTS UNDER THE CONSTRUCTIVE WEIGHT METHOD, AS SET FORTH ABOVE, THE EMPLOYEE SHOULD SUBMIT A LIST OF ITEMS COMPRISING THE SHIPMENT TOGETHER WITH THEIR DIMENSIONS. HE SHOULD ALSO FURNISH A COMMERCIAL MOVER'S ESTIMATE OF THE WEIGHTS OF SUCH ITEMS. UPON RECEIPT OF THE AFOREMENTIONED DOCUMENTATION, THE ALLOWABILITY OF THIS ITEM COULD BE RECONSIDERED.

INASMUCH AS OVERPAYMENTS OF TRAVEL AND TRANSPORTATION ALLOWANCES MAY NOT BE CONSIDERED FOR WAIVER UNDER PROVISIONS OF 5 U.S.C. 5584, COLLECTION ACTION SHOULD BE INITIATED TO RECOVER THE OVERPAYMENT OF PER DIEM AND, TO THE EXTENT DETERMINED APPROPRIATE, THE OVERPAYMENT FOR TRANSPORTATION OF HOUSEHOLD GOODS, IF ANY, FROM THE EMPLOYEE.

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