B-128242, JUL. 31, 1956
Highlights
HOUSEHOLD GOODS WAS ACCOMPLISHED SIMULTANEOUSLY BY PERSONALLY OWNED TRUCK AND AUTOMOBILE. THE EMPLOYEE DROVE THE TRUCK IN WHICH THE HOUSEHOLD GOODS WERE TRANSPORTED AND HIS WIFE DROVE THE AUTOMOBILE IN WHICH THE TWO CHILDREN RODE. WE HELD THAT THE COMMUTED METHOD OF REIMBURSEMENT FOR TRANSPORTATION OF HOUSEHOLD EFFECTS (AS AUTHORIZED BY EXECUTIVE ORDER NO. 9805 AMENDED BY EXECUTIVE ORDER NO. 10196) WAS APPLICABLE TO THE SHIPMENT OF HOUSEHOLD EFFECTS IN AN EMPLOYEE'S PERSONALLY OWNED AND OPERATED TRUCK. YOUR ATTENTION IS DIRECTED TO 34 COMP. THE MILEAGE IS REQUIRED TO BE DETERMINED ON THE SHORT-LINE HIGHWAY DISTANCE IN ACCORDANCE WITH THE "HOUSEHOLD GOODS CARRIERS" BUREAU MILEAGE GUIDE NO. 4.
B-128242, JUL. 31, 1956
TO MR. J. E. HUDSON, AUTHORIZED CERTIFYING OFFICER, FARMERS HOME ADMINISTRATION:
YOUR LETTER REQUESTS A DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT UNDER EXECUTIVE ORDER NO. 9805, AS AMENDED, THE ENCLOSED VOUCHER IN FAVOR OF ROBERT D. ANGUS IN THE SUM OF $574.73, REPRESENTING PER DIEM IN LIEU OF SUBSISTENCE AND TRANSPORTATION EXPENSES FOR HIMSELF AND HIS FAMILY INCIDENT TO A CHANGE OF STATION FROM NEW BRUNSWICK, NEW JERSEY TO CLARION, IOWA.
THE TRANSPORTATION OF THE EMPLOYEE, HIS IMMEDIATE FAMILY, AND HOUSEHOLD GOODS WAS ACCOMPLISHED SIMULTANEOUSLY BY PERSONALLY OWNED TRUCK AND AUTOMOBILE. THE EMPLOYEE DROVE THE TRUCK IN WHICH THE HOUSEHOLD GOODS WERE TRANSPORTED AND HIS WIFE DROVE THE AUTOMOBILE IN WHICH THE TWO CHILDREN RODE.
THE TRAVEL AUTHORIZATION TO THE EMPLOYEE, ISSUED JANUARY 17, 1956, PROVIDED FOR PER DIEM ALLOWANCE OF $7 AND MILEAGE AT 7 CENTS PER MILE FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE NOT TO EXCEED COST OF SIMILAR TRAVEL BY COMMON CARRIER FOR THE EMPLOYEE AND HIS IMMEDIATE FAMILY AND FOR TRANSPORTATION OF HOUSEHOLD EFFECTS.
IN OUR DECISIONS OF DECEMBER 22, 1953, B-117920, AND MAY 19, 1955, B- 123344, WE HELD THAT THE COMMUTED METHOD OF REIMBURSEMENT FOR TRANSPORTATION OF HOUSEHOLD EFFECTS (AS AUTHORIZED BY EXECUTIVE ORDER NO. 9805 AMENDED BY EXECUTIVE ORDER NO. 10196) WAS APPLICABLE TO THE SHIPMENT OF HOUSEHOLD EFFECTS IN AN EMPLOYEE'S PERSONALLY OWNED AND OPERATED TRUCK.
IN ACCORDANCE WITH THESE HOLDINGS REIMBURSEMENT MAY BE MADE AT THE COMMUTED RATE PRESCRIBED FOR MOVEMENT OF THE HOUSEHOLD EFFECTS IN THIS CASE BETWEEN THE POINTS INVOLVED. IN THIS CONNECTION, YOUR ATTENTION IS DIRECTED TO 34 COMP. GEN. 622, WHICH PROVIDES (QUOTING FROM SYLLABUS):
"UNDER EXECUTIVE ORDER NO. 9805, WHICH PROVIDES FOR COMMUTATION OF EXPENSES FOR TRANSPORTATION OF HOUSEHOLD EFFECTS ON A PERMANENT CHANGE OF STATION, THE MILEAGE IS REQUIRED TO BE DETERMINED ON THE SHORT-LINE HIGHWAY DISTANCE IN ACCORDANCE WITH THE "HOUSEHOLD GOODS CARRIERS" BUREAU MILEAGE GUIDE NO. 4, MOTOR FREIGHT INTERSTATE COMMERCE COMMISSION NO. 27 OR SUCCESSIVE REISSUES.'
REIMBURSEMENT FOR THE TRAVEL EXPENSES OF THE IMMEDIATE FAMILY OF MR. ANGUS IN HIS AUTOMOBILE IS PROPER, BASED UPON THE ALLOWABLE MILEAGE AT THE PRESCRIBED RATE. HOWEVER, CLAIM HAS ALSO BEEN MADE FOR REIMBURSEMENT OF THE TRAVEL EXPENSE OF THE EMPLOYEE AND PER DIEM IN LIEU OF SUBSISTENCE FOR THE TRAVEL TIME INVOLVED IN DRIVING HIS TRUCK ON WHICH THE EFFECTS WERE TRANSPORTED. IN THE DECISION OF MAY 19, 1955, B-123344, PREVIOUSLY REFERRED TO, WE STATED THAT UNDER SECTION 12 (A) OF EXECUTIVE ORDER NO. 9805 PAYMENT AT THE COMMUTED RATE PRESCRIBED FOR MOVEMENT OF HOUSEHOLD EFFECTS IS THE MAXIMUM ALLOWANCE PAYABLE INCIDENT TO THEIR MOVEMENT. HENCE, PAYMENT OF ANY ADDITIONAL AMOUNT IN CONNECTION TO THEIR MOVEMENT. HENCE, PAYMENT OF ANY ADDITIONAL AMOUNT IN CONNECTION THEREWITH--- IN THAT CASE THE PER DIEM CLAIMED--- WAS NOT AUTHORIZED. IT IS OUR VIEW THAT THE MILEAGE FOR THE TRUCK TRAVEL AND ANY OF THE PER DIEM CLAIMED BY MR. ANGUS MAY NOT BE PAID. THE VOUCHER AND ATTACHMENTS SUBMITTED ARE RETURNED HEREWITH FOR CERTIFICATION IN ACCORDANCE WITH THIS DECISION.