B-226048, Nov 8, 1988

B-226048, Nov 8, 1988

MILITARY PERSONNEL - Relocation - Household goods - Shipment - Restrictions - Privately-owned vehicles MILITARY PERSONNEL - Relocation - Travel Expenses - Privately-owned vehicles - Mileage DIGEST: 1. A uniformed service member's use of more than one privately owned conveyance in connection with a permanent change of station was not authorized for the purpose of transporting household goods so as to qualify for an additional mileage allowance. Paragraph M7003-2, 1 Joint Travel Regulations (1 JTR). MILITARY PERSONNEL - Relocation - Household goods - Actual expenses Reimbursement - Amount determination 2. If the service determines that a member's goods he transported in a second privately owned vehicle incident to his change of station were of unusual value, such that they would have been shipped separately by the service, he may be reimbursed the actual expenses he incurred in their transportation. 1 JTR para. M8500. Such reimbursement is limited to actual expenses incurred, such as gasoline, oil and tolls, and may not exceed what it would have cost the government to ship the goods.

Major Edward J. Filiberti - Use of Second Privately Owned Vehicle - Transportation of Household Goods:

A Finance and Accounting Officer of the Department of the Army requests an advance decision concerning the propriety of paying a claim of Major Edward J. Filiberti for a mileage allowance as reimbursement of expenses incurred in the transportation of household goods by a second privately owned conveyance in connection with his permanent change of station. /1/ We conclude that Major Filiberti is not entitled to the mileage allowance. If, however, the service determines that the goods were of unusual value, such that the service would have shipped them separately, he may be reimbursed the actual cost of transporting the goods.

FACTS AND ISSUES

Major Edward J. Filiberti, USA, was transferred from Fort Ord, California, to Fort Leavenworth, Kansas, incident to which he was authorized transportation of 12,000 pounds of household goods. traveled with his three dependents during the period June 6 to July 16, 1986, and performed his travel in two privately owned conveyances. In the second privately owned conveyance (a Ford van) he transported household goods, which he describes as high value items inappropriate for shipment by commercial carrier because they are prone to pilferage, including firearms and jewelry, weighing 830 pounds. The balance of his household goods were shipped or stored at government expense. /2/ Major Filiberti advises that the cost to the government to transport 830 pounds of household goods, excluding provisions for high value items, from Fort Ord to Fort Leavenworth by commercial carrier would have been $446.60. Major Filiberti claims mileage reimbursement in the amount of $277.50 as the cost of his personal shipment of a portion of his household goods.

The Finance and Accounting Officer questions whether the need to transport household goods is a reason to approve a second POV, whether the actual cost of shipping the household goods may be claimed under the provisions of 1 JTR para. M8500, and whether Major Filiberti may claim the mileage as his actual costs.

ANALYSIS

A service member who is ordered to make a permanent change of station is entitled to travel and transportation allowances from the old permanent duty station to the new permanent duty station. When the member travels by privately owned conveyance, the member is entitled to a monetary allowance in lieu of transportation (MALT) as provided in 1 JTR para. M4150. With some limited exceptions, when a member and dependents use more than one privately owned conveyance, MALT reimbursement will be computed as though the member and dependents used one privately owned conveyance. 1 JTR para. M7003. Transportation of household goods is not one of the exceptions whereby use of more than one privately owned conveyance may be authorized or approved. 1 JTR para. M7003-2. Therefore, a mileage allowance for Major Filiberti's second privately owned vehicle cannot be paid on that basis.

The only basis available for reimbursement to Major Filiberti is as a member who arranges shipment of household goods at personal expense as provided in 1 JTR para. M8500. Such reimbursement is not in the form of a mileage allowance but is the amount actually expended related specifically to the shipment of the household goods by any authorized means. B-175088, June 14, 1972. Items of extraordinary value which are prone to pilferage when shipped by ordinary modes of transportation may be shipped by the expedited mode of transportation which will produce the lowest overall cost to the government and will provide satisfactory service. 1 JTR para. M8006. If the service determines that the goods Major Filiberti transported in his van were the type that would fit this description and would have qualified for separate shipment, and that he could not have transported them in his first POV, he may be reimbursed the actual expenses he incurred in their transportation. This reimbursement would be for his actual expenses, such as the costs of gasoline, oil and tolls, not to exceed what it would have cost the government to ship the goods.

Accordingly, we may not authorize reimbursement to Major Filiberti on the basis of the mileage allowance he claims. However, if the service makes the determination discussed above he may be reimbursed his actual expenses incurred in the transportation of the household goods by a second POV, not to exceed what it would have cost the government to ship the goods.

/1/ The request was made by Major J. A. Stout, Headquarters, Combined Arms Center and Fort Leavenworth, Kansas. It was approved by the Per Diem, Travel and Transportation Allowance Committee, and assigned PDTATAC Control No. 86-20.

/2/ Major Filiberti indicates that in addition to the 830 pounds he transported in the van, 7,300 pounds were shipped at government expense and 3,520 pounds were placed in storage at government expense, for a total of 11,650 pounds.