B-155298, OCT. 19, 1964

B-155298, OCT. 19, 1964

TO MR. D. H. SHELTON, AUTHORIZED CERTIFYING OFFICER:

YOUR LETTER OF SEPTEMBER 28, 1964, YOUR REFERENCE AFS: DHS, REQUESTS OUR DECISION WHETHER A VOUCHER COVERING REIMBURSEMENT FOR SHIPMENT OF HOUSEHOLD GOODS IN A RENTED TRUCK DRIVEN BY MR. J. B. LINGERFELT, A NEW APPOINTEE, MAY BE CERTIFIED FOR PAYMENT. YOU INFORM US THAT:

"MR. LINGERFELT'S LAST PERMANENT RESIDENCE WAS 527 DELMAR STREET, GRETNA, LOUISIANA, UNTIL MAY 5, 1964, AT WHICH TIME HE PLACED HIS HOUSEHOLD GOODS IN STORAGE IN NEARBY NEW ORLEANS, LOUISIANA, AND BEGAN AN EXTENDED TRAVELING VACATION OVER THE EASTERN UNITED STATES. AT THAT TIME MR. LINGERFELT'S MOTHER-IN-LAW, RESIDING AT 2314 KANTEBURY DRIVE, KNOXVILLE, TENNESSEE, AGREED THAT HER PLACE OF RESIDENCE COULD BE USED FOR A MAILING ADDRESS AND A CONTACT POINT. ON JULY 30, 1964, MR. LINGERFELT APPLIED FOR EMPLOYMENT WITH THE AEC IN OAK RIDGE, TENNESSEE, WAS INTERVIEWED BY THE STAFF ON AUGUST 3, 1964, AND COMPLETED HIS APPLICATION FORM 57 ON AUGUST 4, 1964, USING THE KNOXVILLE ADDRESS AS THE POINT OF CONTACT. * * *

"ON AUGUST 28, 1964, MR. LINGERFELT WAS CONTACTED BY OUR PERSONNEL DIVISION AND ADVISED THAT HE HAD BEEN SELECTED FOR THE APPOINTMENT OF REACTOR SAFETY ENGINEER, PROVIDED APPROVAL COULD BE OBTAINED FROM AEC HEADQUARTERS TO WAIVE THE GENERAL EMPLOYMENT FREEZE WHICH WAS IN EFFECT AT THAT TIME. WITH THIS UNDERSTANDING, HE DECIDED TO BRING HIS HOUSEHOLD EFFECTS TO OAK RIDGE. HE RETURNED TO NEW ORLEANS AND TOOK HIS HOUSEHOLD GOODS OUT OF STORAGE, HIRED A TRUCK, AND ARRIVED IN OAK RIDGE FROM NEW ORLEANS ON SEPTEMBER 4, 1964. ON SEPTEMBER 6, 1964, HE WAS AGAIN CONTACTED BY OUR PERSONNEL OFFICE AND ADVISED THAT A WAIVER OF THE EMPLOYMENT FREEZE HAD BEEN RECEIVED ON SEPTEMBER 4, 1964. HE REPORTED FOR DUTY ON SEPTEMBER 8, 1964.'

AN AUTHORIZATION FOR MOVEMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS FOR MR. LINGERFELT FROM NEW ORLEANS, LOUISIANA, TO OAK RIDGE, TENNESSEE, WAS APPROVED ON SEPTEMBER 21, 1964, FOR TRAVEL ON OR ABOUT SEPTEMBER 4, 1964.

YOU ASK THE FOLLOWING QUESTIONS:

"1. WAS IT PROPER TO ISSUE THE PERMANENT CHANGE OF STATION ORDER FOR MR. LINGERFELT FROM NEW ORLEANS, LOUISIANA, TO OAK RIDGE, TENNESSEE, SINCE HIS LAST PERMANENT RESIDENCE WAS GRETNA, LOUISIANA?

"2. IF THE ORDER IS PROPER, MAY WE PAY MR. LINGERFELT ON A COMMUTED RATE EVEN THOUGH HE DID NOT HAVE THE HOUSEHOLD GOODS WEIGHED, BUT HAS FURNISHED TWO DOCUMENTS INDICATING THE CUBIC FEET? THE DOUGLAS PUBLIC SERVICE TICKET NO. D 13657 DATED MAY 5, 1964, SHOWS 750 CUBIC FEET AND THE AERO MAYFLOWER TRANSIT COMPANY CARRIER'S NUMBER 97087 DATED MAY 5, 1964, SHOWS 755 CUBIC FEET ON REVERSE OF FORM UNDER TABLE OF MEASUREMENTS. WE HAVE USED THE 755 CUBIC FEET BECAUSE OF THE DETAIL.

"3. IF WE MAY NOT PAY THE COMMUTED RATE, MAY WE PAY HIS ACTUAL EXPENSES FOR RENTAL OF THE TRUCK?

"4. MAY WE PAY STORAGE FOR ANY LENGTH OF TIME OF THE HOUSEHOLD GOODS STORED FROM MAY 5 THRU SEPTEMBER 3, 1964?

"5. IF THE ANSWER TO THE ABOVE QUESTIONS ARE IN THE NEGATIVE, MAY WE PAY EQUIVALENT OF MOVE FROM KNOXVILLE, TENNESSEE, TO OAK RIDGE, TENNESSEE, ON A COMMUTED RATE, OR MAY WE PAY ACTUAL EXPENSES TO THE EXTENT THEY DO NOT EXCEED THE AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A COMMUTED RATE?

IN REGARD TO QUESTIONS 1 AND 4, REIMBURSEMENT FOR THE TRANSPORTATION OF THE HOUSEHOLD GOODS MAY NOT EXCEED THE CONSTRUCTIVE COST OF SUCH TRANSPORTATION FROM THE LAST PERMANENT RESIDENCE, GRETNA, LOUISIANA. (SEE SECTION 1.9, BUREAU OF THE BUDGET CIRCULAR NO. A-56, JUNE 1, 1962.) MR. LINGERFELT'S GOODS AND EFFECTS WERE ALREADY IN STORAGE AT NEW ORLEANS FOR PERSONAL REASONS AT THE TIME HIS APPOINTMENT WAS TENTATIVELY CONFIRMED. THEREFORE, AND SINCE THERE IS NO SHOWING THE STORAGE RESULTED FROM OR WAS INCIDENT TO THE APPOINTMENT, NO PROPER BASIS EXISTS FOR REIMBURSING THE EMPLOYEE FOR SUCH STORAGE.

IN REFERENCE TO QUESTIONS 2, 3 AND 5, BUREAU OF THE BUDGET CIRCULAR NO. A -56, JUNE 1, 1962, SECTION 2.1G, PROVIDES IN PART THAT:

"DOCUMENTATION REQUIRED. IN SUPPORT OF CLAIMS FOR REIMBURSEMENT UNDER THE COMMUTED RATE SYSTEM EMPLOYEES SHALL SUBMIT * * * (2) IN SUPPORT OF TRANSPORTATION, THE ORIGINAL BILLS OF LADING OR CERTIFIED COPIES, OR, IF BILLS OF LADING ARE NOT AVAILABLE, OTHER EVIDENCE SHOWING POINT OF ORIGIN, DESTINATION, AND WEIGHT. IF NO ADEQUATE SCALE IS AVAILABLE AT THE POINT OF ORIGIN, AT ANY POINT EN ROUTE, OR AT DESTINATION, A CONSTRUCTIVE WEIGHT, BASED ON SEVEN POUNDS PER CUBIC FOOT OF PROPERLY LOADED VAN SPACE, MAY BE USED. * * *"

SINCE ONLY A CONSTRUCTIVE WEIGHT HAS BEEN FURNISHED AND THE RECORD DOES NOT ESTABLISH THAT ADEQUATE SCALES WERE NOT AVAILABLE, REIMBURSEMENT MAY NOT BE MADE AT THE COMMUTED RATE. SEE B-132697, NOVEMBER 18, 1963, COPY ENCLOSED. HOWEVER, THE CLAIMANT MAY BE REIMBURSED FOR THE TRUCK RENTAL ON AN ACTUAL EXPENSE BASIS. IN VIEW OF THE ABOVE, QUESTION 5 REQUIRES NO ANSWER.

THEREFORE, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.