B-158271, JAN. 20, 1966

B-158271, JAN. 20, 1966

TO MR. PATRICK F. X. MCGUCKEN, U.S. ARMY ENGINEER DISTRICT, BALTIMORE, CORPS OF ENGINEERS:

WE REFER TO YOUR LETTER OF DECEMBER 13, 1965, YOUR REFERENCE NABOC, CONCERNING THE SETTLEMENT CERTIFICATE ISSUED BY THE CLAIMS DIVISION OF OUR OFFICE ON DECEMBER 8, 1965, BY WHICH YOUR CLAIM FOR REIMBURSEMENT AT THE COMMUTED RATE FOR TRANSPORTING YOUR HOUSEHOLD EFFECTS FROMDERBY, KANSAS, TO WASHINGTON, D.C., IN AUGUST AND SEPTEMBER 1963 WAS DISALLOWED.

YOU TRANSPORTED SOME OF YOUR HOUSEHOLD EFFECTS IN YOUR TWO PRIVATELY- OWNED VEHICLES AND IN A RENTED TRAILER IN CONNECTION WITH THE TRAVEL YOU AND THREE OF YOUR DEPENDENTS PERFORMED INCIDENT TO A CHANGE OF STATION. YOU LATER TRAVELED TO DERBY BY PRIVATELY-OWNED VEHICLE AND RETURNED TO EMMITSBURG (YOUR RESIDENCE IN THE WASHINGTON AREA) WITH YOUR VEHICLE AND ANOTHER RENTED TRAILER FILLED WITH THE REMAINDER OF YOUR HOUSEHOLD EFFECTS. YOU ESTIMATED THE CUBIC CAPACITY OF THE VEHICLES AND TRAILERS USED AND CLAIMED REIMBURSEMENT AT THE COMMUTED RATE FOR 600 CUBIC FEET OR 4,200 POUNDS OF HOUSEHOLD EFFECTS IN A TOTAL AMOUNT OF $562.80. YOU HAVE BEEN PAID $86.21, THE COST OF RENTING THE TWO TRAILERS YOU USED IN TRANSPORTING YOUR EFFECTS.

SECTION 2.1G OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, ISSUED UNDER THE AUTHORITY OF SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-1, REQUIRES THAT CLAIMS FOR PAYMENT AT THE COMMUTED RATE FOR SHIPMENT OF HOUSEHOLD EFFECTS BE SUPPORTED BY EVIDENCE OF THE ACTUAL WEIGHT OF THE EFFECTS TRANSPORTED OR IF ADEQUATE SCALES ARE NOT AVAILABLE TO PERMIT DETERMINATION OF ACTUAL WEIGHT, THE REGULATION PERMITS COMMUTED PAYMENTS TO BE MADE ON THE BASIS OF THE CUBIC MEASUREMENT OF PROPERLY LOADED VAN SPACE OCCUPIED BY THE EFFECTS. YOU HAVE NOT SHOWN THAT SCALES WERE NOT AVAILABLE FOR THE PURPOSE OF WEIGHING YOUR EFFECTS AND YOU HAVE NOT SHOWN THE AMOUNT OF "PROPERLY LOADED VAN SPACE" THOSE EFFECTS WOULD HAVE OCCUPIED. THEREFORE, ON THE BASIS OF THE INFORMATION FURNISHED YOU WERE DENIED PAYMENT AT THE COMMUTED RATE.

WE HAVE HELD THAT AN EMPLOYEE WHO CANNOT QUALIFY FOR PAYMENT AT THE COMMUTED RATE MAY BE REIMBURSED THE ACTUAL EXPENSES HE INCURRED IN TRANSPORTING HIS EFFECTS NOT TO EXCEED THE AMOUNT ALLOWABLE FOR TRANSPORTATION OF THE ESTIMATED WEIGHT OF THE EFFECTS AT THE COMMUTED TRANSPORTATION OF THE ESTIMATED WEIGHT OF THE EFFECTS AT THE COMMUTED RATE.

IF YOU ARE ABLE TO FURNISH EVIDENCE THAT SCALES WERE NOT REASONABLY AVAILABLE AT THE TIME AND OVER THE ROUTE YOU TRAVELED IN TRANSPORTING YOUR EFFECTS TO WASHINGTON AND IF YOU ARE ABLE TO FURNISH EVIDENCE OF THE SPACE OCCUPIED BY THE EFFECTS TRANSPORTED SUPPORTED BY A SHOWING THAT THE AVAILABLE SPACE WAS "PROPERLY LOADED" YOU WOULD THEN BE ELIGIBLE FOR PAYMENT AT THE COMMUTED RATE FOR THE EFFECTS TRANSPORTED. IN ESTABLISHING THE AMOUNT OF SPACE WHICH WOULD HAVE BEEN OCCUPIED BY YOUR EFFECTS IF PROPERLY LOADED YOU 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 THE COMPANY FROM WHICH YOU RENTED THE TRAILER OR TRAILERS. IF YOU ARE UNABLE TO SHOW THAT SCALES WERE NOT AVAILABLE OR IF YOU CANNOT OBTAIN EVIDENCE OF THE VOLUME OF EFFECTS TRANSPORTED AS DESCRIBED ABOVE YOU MAY BE PAID YOUR ACTUAL EXPENSES INCLUDING TRAILER RENTAL, WHICH YOU HAVE BEEN PAID, AND OTHER EXPENSES SUCH AS GAS, OIL, TOLLS, ETC., WHICH WERE NOT PAID IN CONNECTION WITH THE TRANSPORTATION OF YOURSELF AND YOUR FAMILY FROM DERBY TO WASHINGTON.

FOR THE REASONS STATED THE SETTLEMENT OF THE CLAIMS DIVISION OF DECEMBER 8, IS SUSTAINED. HOWEVER, ANY FURTHER EVIDENCE YOU MAY PRESENT WHICH COMPLIES WITH THE REQUIREMENTS SET OUT ABOVE WILL BE FULLY CONSIDERED BY US. ..END :