B-147650, DEC. 22, 1961
Highlights
WHICH WAS DISALLOWED FOR THE REASONS STATED IN OUR SETTLEMENT OF NOVEMBER 3. THAT AMOUNT WAS STATED BY YOU AS THE DIFFERENCE BETWEEN THE AMOUNT OF $812. AS YOU WERE NOT AT THE TIME FAMILIAR WITH AND HAD NO NORMAL ACCESS TO COPIES OF THE EXECUTIVE ORDER OR TO AIR FORCE MANUAL 40-10. MUST APPLY THE EXISTING PROVISIONS THEREOF IN EFFECT AT THE TIME THE TRANSPORTATION AND STORAGE CHARGES WERE INCURRED. IT IS REGRETTED THAT THE INFORMATION FURNISHED YOU BY THE AIR FORCE IS CONSIDERED BY YOU AS INADEQUATE AND MISLEADING. THE UNITED STATES IS NOT LIABLE FOR INTEREST EXCEPT WHERE INTEREST IS STIPULATED BY CONTRACT OR WHERE ALLOWANCE OF INTEREST IS SPECIFICALLY DIRECTED BY STATUTE. THE DISALLOWANCE OF YOUR CLAIM MUST BE AND IS SUSTAINED.
B-147650, DEC. 22, 1961
TO MR. EDWIN A. MACHA:
YOUR LETTER OF NOVEMBER 13, 1961, REQUESTS THAT WE RECONSIDER YOUR CLAIM FOR $54.37, WHICH WAS DISALLOWED FOR THE REASONS STATED IN OUR SETTLEMENT OF NOVEMBER 3, 1961. THAT AMOUNT WAS STATED BY YOU AS THE DIFFERENCE BETWEEN THE AMOUNT OF $812, ALLOWED YOU ADMINISTRATIVELY, COMPUTED FROM THE COMMUTED RATE TABLE OF EXECUTIVE ORDER NO. 9805,AS AMENDED, AFM 40-10, APPENDIX B, AND THE AMOUNT OF $866.37 REPRESENTING THE TOTAL ACTUAL COSTS YOU INCURRED IN THE TRANSPORTATION AND TEMPORARY STORAGE OF YOUR HOUSEHOLD EFFECTS FROM NORTH HOLLYWOOD, CALIFORNIA, TO DAYTON, OHIO, UNDER TRAVEL ORDER NO. D-7 DATED MARCH 3, 1961, AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.
SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT, 5 U.S.C. 73B-1, AND EXECUTIVE ORDER NO. 9805, ISSUED PURSUANT THERETO, AUTHORIZE ONLY A COMMUTATION SYSTEM OF REIMBURSING CIVILIAN EMPLOYEE FOR THE COSTS OF TRANSPORTATION OF THEIR HOUSEHOLDS UPON TRANSFER FROM ONE PERMANENT STATION TO ANOTHER PERMANENT STATION WITHIN THE CONTINENTAL UNITED STATES. YOU CONTEND THAT, AS YOU WERE NOT AT THE TIME FAMILIAR WITH AND HAD NO NORMAL ACCESS TO COPIES OF THE EXECUTIVE ORDER OR TO AIR FORCE MANUAL 40-10, YOUR "REIMBURSEMENT" SHOULD NOT BE LIMITED TO THE COMMUTATION RATES, AS APPLIED TO YOUR CLAIM. IN THAT CONNECTION WE CAN ONLY SAY THAT NEITHER THE DEPARTMENT OF THE AIR FORCE NOR OUR OFFICE HAS AUTHORITY TO WAIVE THE LIMITATIONS AS PRESCRIBED IN THE CITED ACT AND EXECUTIVE ORDER, AND MUST APPLY THE EXISTING PROVISIONS THEREOF IN EFFECT AT THE TIME THE TRANSPORTATION AND STORAGE CHARGES WERE INCURRED. IT IS REGRETTED THAT THE INFORMATION FURNISHED YOU BY THE AIR FORCE IS CONSIDERED BY YOU AS INADEQUATE AND MISLEADING; HOWEVER, SUCH FACT CANNOT SERVE AS A BASIS FOR PAYMENT IN EXCESS OF THAT PERMITTED BY THE APPLICABLE STATUTE. THEREFORE, AND SINCE NO AMOUNT APPEARS TO BE DUE YOU, AS CLAIMED, YOUR ADDED CLAIM OF INTEREST ON THE AMOUNT OF $54.37 ALSO MUST BE DECLINED. MOREOVER, THE UNITED STATES IS NOT LIABLE FOR INTEREST EXCEPT WHERE INTEREST IS STIPULATED BY CONTRACT OR WHERE ALLOWANCE OF INTEREST IS SPECIFICALLY DIRECTED BY STATUTE.
IN THE CIRCUMSTANCES, AND FOR THE REASON STATED IN THE SETTLEMENT OF NOVEMBER 3, 1961, THE DISALLOWANCE OF YOUR CLAIM MUST BE AND IS SUSTAINED.