B-136903, AUG 27, 1958

B-136903, AUG 27, 1958

PRECIS-UNAVAILABLE

MR. E. BAGATELL:

YOUR LETTER OF JUNE 24, 1958, FORWARDED HERE JULY 22, 1958, BY THE CHIEF, AUDIT DIVISION, BUDGET AND FINANCE OFFICE, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY THE ENCLOSED VOUCHER AT THE COMMUTED RATE CLAIMED BY THE EMPLOYEE FOR 680 POUNDS OF HIS PERSONAL PROPERTY UPON EITHER OF THE ALTERNATIVE BASES DESCRIBED BELOW. THE MATTER ARISES INCIDENT TO THE CHANGE OF STATION OF JACK W. HUDSON FROM MINNEAPOLIS, MINNESOTA, TO NEW YORK, NEW YORK, UNDER TRAVEL ORDER NO. 1581 DATED OCTOBER 23, 1956.

THE EMPLOYEE'S CLAIM NO. 1 IS FOR $105.16 STATED FOR TRANSPORTATION OF 880 POUNDS, AS DERIVED FROM THE WEIGHT CERTIFICATE (1,345 POUNDS). THE 880 POUNDS REPRESENT PART OF THE COMBINED WEIGHT OF THE EMPLOYEE'S BOAT TRAILER LOADED WITH THE BOAT, OUTBOARD MOTOR AND ACCESSORIES TRANSPORTED THEREON FROM MINNEAPOLIS TO MASSAPEQUA, NEW YORK. THE ALTERNATE CLAIM NO. 2, IN LIEU OF TRANSPORTATION OF THE BOAT, IS FOR $105.16, REPRESENTING THE COMMUTED SUM FOR AN ESTIMATED WEIGHT OF 880 POUNDS - PART OF THE 1,000 POUNDS ESTIMATED WEIGHT OF THE OUTBOARD MOTOR AND ACCESSORIES (245 POUNDS), CARTONS OF BOOKS, LAWN MOWER AND WORK TOOLS (755 POUNDS), WHICH WERE PLACED IN THE BOAT AND TRANSPORTED TO THE NEW STATION. HOWEVER, THE BOOKS, MOWER, AND TOOLS WERE NOT ACTUALLY WEIGHED WITH THE BOAT, NOR WERE THEY WEIGHED SEPARATELY. THE CLAIMANT SUGGESTS THAT IF HIS CLAIM NO. 1 IS NOT AUTHORIZED, AND IF THERE IS ANY QUESTION CONCERNING THE ACTUAL WEIGHT OF THE ITEMS CARRIED IN THE BOAT UNDER HIS CLAIM NO. 2, HE WILL RELOAD THE BOAT AND OBTAIN ANOTHER WEIGHT CERTIFICATE, IF THAT SHOULD BE REQUIRED. YOU SAY "SUCH ACTION WAS NOT REQUIRED AS THE ESTIMATED WEIGHTS APPEAR TO BE REASONABLE." YOU SAY YOU ARE NOT SATISFIED, HOWEVER, THAT EXECUTIVE ORDER NO. 9805, AS AMENDED, AUTHORIZES THE PAYMENT OF TRANSPORTATION OF A BOAT HAULED ON A BOAT TRAILER OR FOR THE PERSONAL EFFECTS MOVED THEREIN.

PERSONALLY OWNED BOAT TRAILERS AND BOATS ARE NOT REGARDED BY US AS PROPERTY WHICH WOULD COME WITHIN THE MEANING OF "HOUSEHOLD GOODS AND PERSONAL EFFECTS" WHICH MAY BE TRANSPORTED AT GOVERNMENT EXPENSE UNDER AUTHORITY OF SECTION 1(B) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, AND EXECUTIVE ORDER NO. 9805, AS AMENDED. SEE 33 COMP. GEN. 61, WHEREIN A SIMILAR PROVISION FOR "PERSONAL EFFECTS" UNDER THE FOREIGN SERVICE ACT WAS COMPARED BUT WAS DISTINGUISHED FROM THE PROVISIONS IN THE ACT OF 1940, 54 STAT. 1105. THE DECISION AT 21 COMP. GEN. 40 RELATING TO THE 1940 ACT, EXPRESSLY WAS HELD INAPPLICABLE TO THE LIMITED CLASS OF "PERSONAL EFFECTS" SUCH AS MAY BE TRANSPORTED UNDER THE AUTHORITY OF THE FOREIGN SERVICE ACT, AND TRANSPORTATION OF A PRIVATELY OWNED SAILBOAT AT GOVERNMENT EXPENSE WAS NOT AUTHORIZED.

THE CLAIMANT'S TRAVEL ORDER INCLUDED AUTHORITY FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE UPON A MILEAGE BASIS. THE RECORD INDICATES THE TRAILER AND ITS CONTENTS, DESCRIBED ABOVE, WERE HAULED BY THE CLAIMANT ON THE SAME TRIP WHEN HE TRANSPORTED HIMSELF AND HIS IMMEDIATE FAMILY FROM MINNEAPOLIS TO MASSAPEQUA. MOREOVER, YOU SAY THAT THE BOAT TRAILER WAS PROCURED BY THE EMPLOYEE SPECIFICALLY FOR THE PURPOSE OF MOVING THE BOAT. THUS, IT DOES NOT APPEAR THAT CLAIMANT INCURRED ANY ADDITIONAL OR "ACTUAL EXPENSES" SUCH AS ARE PROPERLY FOR "REIMBURSEMENT *** ON A COMMUTED BASIS," OR OTHERWISE, ON ACCOUNT OF HAULAGE OF THE 880 POUNDS OF PERSONAL EFFECTS. CF. 32 COMP. GEN. 451.

THEREFORE, THE VOUCHER WHICH IS RETURNED HEREWITH, TOGETHER WITH RELATED PAPERS, MAY NOT BE CERTIFIED FOR PAYMENT.