B-142537, APR. 28, 1960

B-142537, APR. 28, 1960

TO MR. R. W. DEAN, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF

AGRICULTURE:

ON MARCH 29, 1960, YOUR FILE REFERENCE 6540, YOU REQUESTED OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER IN FAVOR OF WALTER E. TAYLOR, AN EMPLOYEE OF THE DEPARTMENT OF AGRICULTURE, FOREST SERVICE, FOR THE AMOUNT ADMINISTRATIVELY DISALLOWED ON HIS VOUCHER FOR REIMBURSEMENT ON A COMMUTED BASIS OF HIS EXPENSES IN SHIPPING A PORTION OF HIS HOUSEHOLD EFFECTS FROM SHERIDAN, WYOMING, TO GOLDEN, COLORADO, IN CONNECTION WITH HIS TRANSFER BETWEEN THOSE PLACES.

YOU SAY THAT MR. TAYLOR, A FOREST RANGER, WAS STATIONED IN SHERIDAN, BUT THAT HE LIVED AT BURGESS RANGER STATION IN THE BIGHORN NATIONAL FOREST DURING THE SUMMER AND LIVED IN SHERIDAN ONLY DURING THE WINTER WHEN THE RANGER STATION WAS INACCESSIBLE BECAUSE OF SNOW; THAT HE WAS TRANSFERRED TO GOLDEN ON FEBRUARY 25, 1959, WHEN IT WAS IMPOSSIBLE TO REACH THE RANGER STATION IN ORDER TO SHIP THE EFFECTS WHICH WERE THERE; AND THAT HE SHIPPED 4,110 POUNDS OF HOUSEHOLD GOODS AT THE TIME OF HIS TRANSFER AND THE REMAINING 520 POUNDS WHICH WERE AT THE RANGER STATION AFTER THE STATION BECAME ACCESSIBLE.

THE RECORD PRESENTED WITH THE VOUCHER SHOWS THAT MR. TAYLOR WAS REIMBURSED FOR THE FIRST SHIPMENT OF HOUSEHOLD GOODS AT THE COMMUTED RATE; THAT, IN HIS SUPPLEMENTAL VOUCHER FOR REIMBURSEMENT OF HIS EXPENSES IN CONNECTION WITH THE SECOND SHIPMENT, HE CLAIMED PAYMENT AT THE COMMUTED RATE FOR SHIPMENT OF 520 POUNDS AT THE RATE APPLICABLE TO SHIPMENTS OF LESS THAN 1,000 POUNDS, BUT, THAT PAYMENT WAS ALLOWED ON THE BASIS OF THE ADDITIONAL COST WHICH WOULD HAVE BEEN INCURRED IF ALL THE EFFECTS HAD BEEN SHIPPED IN ONE LOT.

THE VOUCHER YOU PRESENT IS A RECLAIM FOR $59.76, THE AMOUNT DISALLOWED ON THE SUPPLEMENTAL VOUCHER.

THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, 5 U.S.C. 73B 1, PROVIDES:

"UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, ANY CIVILIAN OFFICER OR EMPLOYEE OF THE GOVERNMENT WHO, IN THE INTEREST OF THE GOVERNMENT, IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER, * * * FOR PERMANENT DUTY, SHALL, * * * BE ALLOWED AND PAID FROM GOVERNMENT FUNDS THE EXPENSES OF TRAVEL * * * AND THE EXPENSES OF TRANSPORTATION, PACKING, CRATING, TEMPORARY STORAGE, DRAYAGE, AND UNPACKING OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS * * *.'

SECTION 8 OF EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 10196 WHICH IMPLEMENTS THAT ACT, PROVIDES:

"ORIGIN AND DESTINATION OF SHIPMENT. THE EXPENSES OF TRANSPORTATION AUTHORIZED HEREUNDER OR REIMBURSEMENT ON A COMMUTED BASIS WITHIN THE CONTINENTAL UNITED STATES SHALL BE ALLOWABLE WHETHER THE SHIPMENT ORIGINATES AT THE EMPLOYEE'S LAST OFFICIAL STATION OR AT SOME OTHER POINT OR PARTIALLY AT BOTH OR WHETHER THE POINT OF DESTINATION IS THE NEW OFFICIAL STATION OR SOME OTHER POINT SELECTED BY HIM, OR BOTH: PROVIDED, THAT THE COST TO GOVERNMENT SHALL NOT EXCEED THE COST OF SHIPMENT IN ONE LOT BY THE MOST ECONOMICAL ROUTE FROM THE LAST OFFICIAL STATION TO THE NEW. * * * "

SINCE THE TWO POINTS FROM WHICH MR. TAYLOR TRANSPORTED HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS WERE OFFICIAL DUTY POINTS AND SINCE HIS INABILITY TO SHIP ALL HIS EFFECTS IN ONE LOT WAS DUE PRIMARILY TO THE FACT THAT HE WAS CALLED UPON BY THE NATURE OF HIS POSITION AS A FOREST RANGER TO LIVE IN DIFFERENT PLACES AT DIFFERENT TIMES OF THE YEAR, THE RESTRICTION IMPOSED BY THE PROVISO OF SECTION 8 OF EXECUTIVE ORDER NO. 9805 WOULD NOT SEEM TO BE APPLICABLE HERE, IT BEING THE OSTENSIBLE PURPOSE OF THAT SECTION TO ALLOW SHIPMENTS FOR THE CONVENIENCE OF THE EMPLOYEE AS SET OUT THEREIN AND NOT TO RESTRICT REIMBURSEMENT FOR MULTIPLE SHIPMENTS MADE NECESSARY BY OFFICIAL CIRCUMSTANCES.

THEREFORE, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.