B-173257, DEC 9, 1971

B-173257, DEC 9, 1971

CIVILIAN EMPLOYEES - MOVEMENT OF HOUSEHOLD GOODS AND HOUSE TRAILER - REIMBURSEMENT DECISION CONCERNING THE ENTITLEMENT OF HARRY W. PETREE, EMPLOYEE OF THE DEPARTMENT OF LABOR, MANPOWER ADMINISTRATION, ATLANTA, GA., TO REIMBURSEMENT FOR THE COST OF TRANSPORTATION OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM KNOXVILLE, TENN. TO ATLANTA, GA. INCIDENT TO CHANGE OF STATIONS FROM WASHINGTON, D.C. TO ATLANTA. IN INTERPRETING AND APPLYING THE PROVISIONS OF LAW, 5 U.S.C. 5724(B), AND IMPLEMENTING REGULATION, SECTION 9.3 OMB CIR. NO. A-56, THE COMP. GEN. HAS HELD THAT AN EMPLOYEE IS ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS OR COST OF TRANSPORTING A HOUSE TRAILER, BUT NOT BOTH. SEE B 172049, JULY 13, 1971. UNDER THIS RULE, CLAIMANT MAY BE REIMBURSED THE COST OF SHIPMENT OF HOUSEHOLD GOODS LESS THE AMOUNT PREVIOUSLY REIMBURSED FOR MOVING HIS MOBILE HOME.

TO MR. VLADIMIR OLEYNIK:

WE AGAIN REFER TO YOUR LETTER DATED JUNE 10, 1971, AND ENCLOSURES, REQUESTING A DECISION AS TO WHETHER MR. HARRY W. PETREE, AN EMPLOYEE OF THE DEPARTMENT OF LABOR, MANPOWER ADMINISTRATION, ATLANTA, GEORGIA, IS ENTITLED TO REIMBURSEMENT FOR THE COST OF THE TRANSPORTATION OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM KNOXVILLE, TENNESSEE, TO ATLANTA, GEORGIA, INCIDENT TO CHANGE OF HIS OFFICIAL STATION FROM WASHINGTON, D.C., TO ATLANTA.

THE PAPERS FORWARDED HERE SHOW THAT BY TRAVEL AUTHORIZATION DATED MARCH 20, 1967, MR. PETREE WAS AUTHORIZED TO TRAVEL FROM KNOXVILLE, TENNESSEE, TO WASHINGTON, D.C., INCIDENT TO A PERMANENT CHANGE OF STATION. THAT TRAVEL AUTHORIZATION PROVIDED, AMONG OTHER THINGS, FOR THE TRANSPORTATION OF HOUSEHOLD GOODS NOT TO EXCEED 11,000 POUNDS AND STORAGE NOT TO EXCEED 60 DAYS. YOU HAVE FURNISHED A COPY OF A VOUCHER SHOWING THAT MR. PETREE WAS ALLOWED PER DIEM ($168) AND MILEAGE ALLOWANCE ($82.72) IN CONNECTION WITH A 6-DAY TRIP TO WASHINGTON TO SEEK RESIDENCE QUARTERS. ALSO, YOU SAY THAT WHILE THE RECORDS SHOW THAT HE PURCHASED A TRAILER HOME AND LOCATED AT LOT 244, TEMPLE TRAILER VILLAGE, ALEXANDRIA, VIRGINIA, HE DID NOT PRESENT A CLAIM FOR THE TRANSPORTATION OF HIS HOUSEHOLD GOODS FROM KNOXVILLE.

THE PAPERS ALSO SHOW THAT BY TRAVEL AUTHORIZATION DATED SEPTEMBER 5, 1969, MR. PETREE WAS AUTHORIZED TO TRAVEL FROM WASHINGTON, D.C., TO ATLANTA, GEORGIA, INCIDENT TO ANOTHER CHANGE OF PERMANENT STATION. PROVIDING FOR THE TRANSPORTATION OF HOUSEHOLD GOODS NOT TO EXCEED 11,000 POUNDS AND STORAGE NOT TO EXCEED 60 DAYS THAT TRAVEL AUTHORIZATION ALSO AUTHORIZED THE TRANSPORTATION OF A HOUSE TRAILER TO BE USED AS A RESIDENCE. THE COPY OF THE PAID VOUCHER WHICH YOU HAVE FURNISHED IN CONNECTION WITH THE MOVEMENT UNDER THAT TRAVEL AUTHORIZATION SHOWS THAT MR. PETREE WAS PAID $306.50, REPRESENTING REIMBURSEMENT FOR THE HAUL OF HIS HOUSE TRAILER BY A COMMERCIAL CARRIER FROM ALEXANDRIA TO NORCROSS, GEORGIA, LOCATED 10 MILES NORTHEAST OF ATLANTA, (613 MILES $0.50 PER MILE) AND $200 AS ALLOWANCE FOR MISCELLANEOUS EXPENSES.

YOU HAVE FORWARDED A CLAIM VOUCHER DATED FEBRUARY 12, 1971, IN WHICH MR. PETREE CLAIMS THE AMOUNT OF $786.48, AS THE COMMUTED RATE (8,700 POUNDS X $9.04 PER CWT) FOR THE MOVEMENT OF HIS HOUSEHOLD GOODS FROM KNOXVILLE TO STONE MOUNTAIN GEORGIA, LOCATED ABOUT 10 MILES EAST OF ATLANTA. THIS VOUCHER IS SUPPORTED BY A COPY OF THE COMMERCIAL CARRIER'S BILL FOR $577.99 COVERING THE SHIPMENT OF THE GOODS BETWEEN THE INVOLVED POINTS FEBRUARY 1 TO 2, 1971.

YOU QUOTE THAT PART OF SECTION 6.3 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56 (REVISED OCTOBER 12, 1966) WHICH PROVIDES:

"FOR PURPOSES OF COMPUTING ALLOWANCES FOR TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS THE TERM 'OFFICIAL STATION' OR 'POST OF DUTY' MEANS THE RESIDENCE OR OTHER QUARTERS FROM WHICH THE EMPLOYEE REGULARLY COMMUTES DAILY TO AND FROM WORK."

IN VIEW THEREOF AND SINCE MR. PETREE HAS ALREADY BEEN REIMBURSED FOR THE COST OF MOVING HIS HOUSE TRAILER FROM ALEXANDRIA TO NORCROSS, YOU REQUEST OUR DECISION AS TO MR. PETREE'S ENTITLEMENT TO REIMBURSEMENT FOR THE HOUSEHOLD GOODS MOVEMENT.

OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, SECTION 6.3 "AUTHORIZED POINTS OF ORIGIN AND DESTINATION FOR SHIPMENTS" READS, IN PERTINENT PART, AS FOLLOWS:

"ALLOWANCES OR REIMBURSEMENTS FOR TRANSPORTING HOUSEHOLD GOODS AND PERSONAL EFFECTS AUTHORIZED HEREIN MAY BE PAID WHETHER THE SHIPMENT ORIGINATES AT THE EMPLOYEE'S LAST OFFICIAL STATION OR PLACE OF ACTUAL RESIDENCE OR AT SOME OTHER POINT, OR IF PART OF THE SHIPMENT ORIGINATES AT THE LAST OFFICIAL STATION AND THE REMAINDER AT ONE OR MORE OTHER POINTS. SIMILARLY, THESE EXPENSES ARE ALLOWABLE WHETHER THE POINT OF DESTINATION IS THE NEW OFFICIAL STATION OR SOME OTHER POINT SELECTED BY THE EMPLOYEE, *** . HOWEVER, THE TOTAL AMOUNT WHICH MAY BE PAID OR REIMBURSED BY THE GOVERNMENT SHALL NOT EXCEED THE COST OF TRANSPORTING THE PROPERTY IN ONE LOT BY THE MOST ECONOMICAL ROUTE FROM THE LAST OFFICIAL STATION OF THE TRANSFERRING EMPLOYEE *** TO THE NEW OFFICIAL STATION."

ALSO, SECTION 1.2(H) OF CIRCULAR NO. A-56, REVISED JUNE 26, 1969, READS, IN PERTINENT PART, AS FOLLOWS:

"'HOUSEHOLD GOODS AND PERSONAL EFFECTS' MEANS PERSONAL PROPERTY WHICH MAY BE TRANSPORTED LEGALLY IN INTERSTATE COMMERCE AND WHICH BELONGS TO AN EMPLOYEE AND HIS IMMEDIATE FAMILY AT THE TIME SHIPMENT OR STORAGE BEGINS."

UNDER THE ABOVE CITED PROVISIONS OF THE GOVERNING REGULATIONS AN EMPLOYEE IS AUTHORIZED TO MOVE HIS HOUSEHOLD GOODS WITHIN THE PRESCRIBED WEIGHT LIMITATION FROM ANY POINT TO ANY POINT, HOWEVER, REIMBURSEMENT WILL BE MADE ON THE BASIS OF THE COST OF A ONE-LOT SHIPMENT BY THE MOST ECONOMICAL ROUTE FROM HIS LAST OFFICIAL STATION TO THE NEW OFFICIAL STATION. SINCE IT APPEARS THAT MR. PETREE HAD ACQUIRED THE HOUSEHOLD GOODS LOCATED IN KNOXVILLE PRIOR TO THE DATE THE SHIPMENT WAS MADE FROM THAT CITY TO STONE MOUNTAIN - WITHIN THE TWO YEAR LIMITATION PERIOD - AND INASMUCH AS THE DISTANCE BETWEEN KNOXVILLE AND STONE MOUNTAIN DOES NOT EXCEED THAT BETWEEN WASHINGTON AND ATLANTA, HE NORMALLY WOULD BE ENTITLED TO REIMBURSEMENT ON THE COMMUTED RATE BASIS FOR THAT MOVEMENT. SEE B-165676, JANUARY 6, 1969, AND B-166962, JUNE 27, 1969. HOWEVER, SINCE IT ALSO APPEARS THAT PRIOR TO THAT MOVEMENT MR. PETREE HAD BEEN REIMBURSED FOR THE COST OF THE MOVEMENT OF HIS HOUSE TRAILER FROM WASHINGTON TO NORCROSS, THERE IS A QUESTION AS TO WHETHER UNDER THE GOVERNING LAW AND REGULATIONS HE IS ENTITLED TO RETAIN THE AMOUNT COVERING SUCH REIMBURSEMENT IF HE IS TO BE REIMBURSED FOR THE MOVEMENT OF HIS HOUSEHOLD GOODS.

IN INTERPRETING AND APPLYING THE PROVISIONS OF LAW (5 U.S.C. 5724(B)) AND IMPLEMENTING REGULATION (SECTION 9.3 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966) RELATING TO ENTITLEMENTS IN CONNECTION WITH THE TRANSPORTATION OF HOUSE TRAILERS, WE SAID IN OUR DECISION B-172049, JULY 13, 1971, 51 COMP. GEN. , THAT UNDER THAT LAW AND REGULATION AN EMPLOYEE MAY RECEIVE A PAYMENT IN CONNECTION WITH THE SHIPMENT AND STORAGE OF HIS HOUSEHOLD GOODS OR FOR THE TRANSPORTATION OF A HOUSE TRAILER, BUT NOT FOR BOTH. ACCORDINGLY WE HELD IN THE CASE COVERED BY THAT DECISION THAT INASMUCH AS THE INVOLVED EMPLOYEE ARRANGED FOR THE STORAGE OF HIS HOUSEHOLD GOODS AT HIS OLD PERMANENT STATION AND SHIPPED THEM TO HIS NEW DUTY STATION, AN ALLOWANCE FOR THAT SHIPMENT AND STORAGE WOULD PRECLUDE THE ALLOWANCE OF THE MILEAGE CLAIMED BY HIM FOR THE TRANSPORTATION OF THE HOUSE TRAILER.

IN VIEW OF THE HOLDING IN OUR DECISION OF JULY 13, 1971, IT IS ASSUMED THAT MR. PETREE WOULD PREFER TO BE REIMBURSED FOR THE SHIPMENT OF HIS HOUSEHOLD GOODS SINCE THE AMOUNT INVOLVED IS GREATER THAN THAT WHICH HE RECEIVED AS REIMBURSEMENT FOR THE MOVEMENT OF HIS HOUSE TRAILER. ACCORDINGLY, ON THAT BASIS THERE SHOULD BE DEDUCTED FROM THE AMOUNT DETERMINED TO BE DUE HIM FOR THE SHIPMENT OF HIS HOUSEHOLD GOODS THE AMOUNT OF $306.50 WHICH HE PREVIOUSLY HAD RECEIVED IN CONNECTION WITH THE MOVEMENT OF HIS HOUSE TRAILER.

THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED HEREWITH FOR CERTIFICATION OF THE ALLOWABLE AMOUNT ON THE BASIS INDICATED ABOVE.