B-124200, AUG. 1, 1955

B-124200, AUG. 1, 1955

TO MAJOR W. G. BELT, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

BY 3RD INDORSEMENT DATED JUNE 2, 1955, FINEK 524.23, THE ASSISTANT CHIEF OF FINANCE (OPERATIONS), DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF APRIL 14, 1955, COMP. 176, SUBMITTING FOR ADVANCE DECISION A VOUCHER ON WHICH HERTHA E. PERRY CLAIMS REIMBURSEMENT ON A COMMUTED BASIS FOR THE EXPENSE OF TRANSPORTING HER HOUSEHOLD GOODS AND PERSONAL EFFECTS INCIDENT TO A PERMANENT CHANGE OF STATION FROM WASHINGTON, D.C., TO FORT MEADE, MARYLAND.

THE HOUSEHOLD GOODS WERE SHIPPED FROM 408 R. STREET, N.W. TO 2119 FYE STREET, N.E., BOTH ADDRESSES BEING LOCATED WITHIN THE CORPORATE LIMITS OF WASHINGTON, D.C.THE SHIPMENT WAS MADE UNDER ORDERS WHICH AUTHORIZED TRANSPORTATION OF THE PROPERTY OF THE EMPLOYEE IN CONNECTION WITH THE RELOCATION OF THE NATIONAL SECURITY AGENCY FROM WASHINGTON TO FORT MEADE. THE DIRECTOR, NATIONAL SECURITY AGENCY, STATES THAT THE COST OF REPLACEMENT IN THE AGENCY IS HIGH DUE TO EXTENSIVE RECRUITMENT, CLEARANCE, AND TRAINING FOR HIGHLY SPECIALIZED POSITIONS. HE EXPRESSES THE VIEW THAT REIMBURSEMENT FOR THE MOVEMENT OF THE HOUSEHOLD GOODS IN CASES SUCH AS HERE INVOLVED WILL ASSIST HIM IN MAINTAINING SKILLED PERSONNEL AND WILL AID IN KEEPING ATTRITION TO A MINIMUM BECAUSE OF THE MOVE.

SECTION 1 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 806, AUTHORIZES THE TRANSPORTATION AT GOVERNMENT EXPENSE OF HOUSEHOLD GOODS AND EFFECTS OF AN EMPLOYEE INCIDENT TO A PERMANENT CHANGE OF STATION WHICH HAS BEEN DETERMINED TO BE IN THE INTEREST OF THE GOVERNMENT. SECTION 8 OF EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 10196, PROVIDES FOR SHIPMENT OF SUCH PROPERTY FROM OR TO ANY POINT BUT RESTRICTS THE MAXIMUM COST TO THE GOVERNMENT FOR SUCH MOVEMENT TO NOT TO EXCEED THE COST OF SHIPMENT IN ONE LOT BY THE MOST ECONOMICAL ROUTE FROM THE LAST OFFICIAL STATION TO THE NEW.

OUR DECISION OF JULY 8, 1954, B-120435, HELD THAT THE FAILURE OF THE EXECUTIVE ORDER TO PRESCRIBE COMMUTED REIMBURSEMENT RATES COVERING MOVEMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS FOR DISTANCES LESS THAN 15 MILES DOES NOT PRECLUDE REIMBURSEMENT WHERE SUCH MOVEMENT IS IN THE INTEREST OF THE GOVERNMENT. ALSO, OUR DECISIONS HOLD THAT WHERE SHIPMENT OF HOUSEHOLD GOODS IS MADE FROM AN OLD TO A NEW DUTY STATION LOCATED WITHIN THE SAME METROPOLITAN AREA PAYMENT OF THE EXPENSES OF THE MOVEMENT IS AUTHORIZED. 27 COMP. GEN. 763; B-120454, JULY 8, 1954. NO DIFFERENT RULE APPLIES WHERE, AS HERE, IN CONNECTION WITH A PERMANENT CHANGE OF OFFICIAL STATION, AN ADMINISTRATIVE OFFICE DETERMINES THAT A MOVEMENT OF HOUSEHOLD GOODS FROM ONE POINT TO ANOTHER WITHIN THE LIMITS OF THE OLD OFFICIAL STATION IS IN THE INTEREST OF THE GOVERNMENT AND AUTHORIZES MOVEMENT OF HOUSEHOLD GOODS BASED ON SUCH DETERMINATION. PRIMARILY, A DETERMINATION THAT MOVEMENT OF HOUSEHOLD GOODS FOR DISTANCES OF MORE OR LESS THAN 15 MILES IS IN THE INTEREST OF THE GOVERNMENT IS A QUESTION TO BE DECIDED BY THE ADMINISTRATIVE OFFICE CONCERNED PRIOR TO ISSUANCE OF AUTHORIZATION FOR SUCH MOVEMENT. IN THE ABSENCE OF EVIDENCE TO THE CONTRARY, WE WILL NOT QUESTION SUCH ADMINISTRATIVE DETERMINATIONS.

THE CIRCUMSTANCES IN THE INSTANT CASE PRESENT NOTHING TO SUGGEST THAT IT WAS NOT IN THE INTEREST OF THE GOVERNMENT TO AUTHORIZE MOVEMENT OF THE HOUSEHOLD GOODS OF HERTHA E. PERRY WITHIN THE CORPORATE LIMITS OF WASHINGTON, D.C. ON THE CONTRARY, THE RECORD INDICATES AN OFFICIAL NECESSITY FOR THE ADMINISTRATIVE ACTION TAKEN. ACCORDINGLY, THE VOUCHER IS RETURNED AND PAYMENT THEREON IS AUTHORIZED IF OTHERWISE PROPER.

TO THE EXTENT THAT OUR PRIOR DECISIONS (SEC. 26 COMP. GEN. 952) MAY BE IN CONFLICT WITH THE FOREGOING, THEY ARE HEREBY MODIFIED.