B-61340, NOVEMBER 4, 1946, 26 COMP. GEN. 293

B-61340, NOVEMBER 4, 1946, 26 COMP. GEN. 293

TRANSPORTATION OF HOUSEHOLD EFFECTS - EFFECTIVE DATE OF TRANSFER ORDER THE EFFECTIVE DATE OF AN EMPLOYEE'S TRANSFER ORDER FIXING A DATE SUBSEQUENT TO THAT OF ITS ISSUANCE FOR THE COMMENCEMENT OF TRAVEL TO A NEW STATION, INSOFAR AS CONCERNS HIS PERSONAL QUALIFICATIONS RESPECTING THE TRANSPORTATION OF HOUSEHOLD EFFECTS, IS THE COMMENCEMENT DATE OF TRAVEL AND NOT THE DATE OF ISSUANCE, AND, THEREFORE, THE EMPLOYEE, WHO WAS WITHOUT DEPENDENTS ON THE DATE THE ORDER WAS ISSUED BUT WHO WAS MARRIED ON THE COMMENCEMENT DATE OF TRAVEL, BECAME ENTITLED, IN THE ABSENCE OF A WEIGHT LIMITATION IN THE ORDER, TO SHIP THE MAXIMUM WEIGHT AUTHORIZED BY EXECUTIVE ORDER NO. 8588, AS AMENDED, FOR A PERSON WITH DEPENDENTS.

COMPTROLLER GENERAL WARREN TO C. P. GLADFELTER, RAILROAD RETIREMENT BOARD, NOVEMBER 4, 1946:

THERE HAS BEEN CONSIDERED YOUR LETTER OF OCTOBER 15, 1946, AS FOLLOWS:

THERE IS ENCLOSED FOR YOUR DECISION BUREAU VOUCHER NO. 13553 WITH ACCOMPANYING CORRESPONDENCE AND COPY OF PERTINENT TRAVEL ORDER. THIS CLAIM, FROM THE BARRY WAREHOUSE, INCORPORATED, FOR TRANSPORTATION RENDERED ON A GOVERNMENT BILL OF LADING, IS FOR MOVING THE HOUSEHOLD GOODS OF A BOARD EMPLOYEE INCIDENT TO HIS CHANGE OF OFFICIAL STATION. IT INVOLVES A QUESTION OF DEPENDENCY STATUS WHICH RAISES DOUBT AS TO THE PORTION OF THE EXPENSE TO BE BORNE BY THE EMPLOYEE.

A REQUEST FOR THE ORDER DIRECTING THIS CHANGE OF STATION, WITH JANUARY 11, 1946, AS THE BEGINNING DATE OF TRAVEL WAS ISSUED ON JANUARY 7, 1946. TRAVEL TO THE NEW STATION WAS ACCOMPLISHED ON JANUARY 14, 1946. HOWEVER, THE EMPLOYEE CHANGED HIS DEPENDENCY STATUS ON JANUARY 11, 1946, THROUGH MARRIAGE.

SINCE IT IS STATED IN YOUR DECISION OF OCTOBER 25, 1945, VOLUME 25, PAGE 360, THAT DEPENDENCY WITHIN THE MEANING OF EXECUTIVE ORDER NO. 8588 IS ESTABLISHED AS OF THE EFFECTIVE DATE OF THE TRANSFER ORDER, IT APPEARS THAT JANUARY 7 WOULD BE CONSIDERED AS THE EFFECTIVE DATE OF THIS ORDER AND THAT THE 2500 POUND LIMITATION SHOULD BE IMPOSED.

THE EMPLOYEE CONTENDS THAT JANUARY 14, 1946, THE DATE OF ARRIVAL AT HIS NEW OFFICIAL STATION, IS THE EFFECTIVE DATE OF THE ORDER.

IT IS RESPECTFULLY REQUESTED, THEREFORE, THAT YOU ADVISE WHICH DATE SHOULD BE CONSIDERED WITH RESPECT TO THE DEPENDENCY STATUS OF THE EMPLOYEE IN DETERMINING THE GROSS WEIGHT OF HOUSEHOLD GOODS THAT MAY BE SHIPPED AT GOVERNMENT EXPENSE.

IN 25 COMP. GEN. 360 IT WAS HELD, QUOTING FROM THE SECOND PARAGRAPH OF THE SYLLABUS:

THE DETERMINATION OF THE GROSS WEIGHT OF HOUSEHOLD EFFECTS TO BE TRANSPORTED TO AN EMPLOYEE'S NEW PERMANENT STATION, INSOFAR AS CONCERNS THE 2,500 POUND WEIGHT LIMITATION IMPOSED BY SECTION 2 OF EXECUTIVE ORDER NO. 8588 UPON EMPLOYEES HAVING NO DEPENDENTS, SHOULD BE MADE WITH RESPECT TO THE STATUS OF THE EMPLOYEE ON THE EFFECTIVE DATE OF THE ORDER AUTHORIZING OR DIRECTING THE TRANSFER OF THE EMPLOYEE.

THE EFFECTIVE DATE OF THE ORDER AUTHORIZING OR DIRECTING A TRANSFER OF OFFICIAL STATION BY AN EMPLOYEE GENERALLY HAS BEEN CONSTRUED AS THE DATE OF THE ORDER ITSELF OR SUCH LATER DATE AS MAY BE FIXED THEREIN FOR BEGINNING COMPLIANCE THEREWITH. 8 COMP. GEN. 528; 15 ID. 1070; 16 ID. 68; 17 ID. 958; 22 ID. 1107. THE EFFECTIVE DATE OF THE ORDER UPON WHICH THE PERSONAL QUALIFICATIONS OF AN EMPLOYEE IN THE MATTER OF TRANSPORTATION OF FAMILIES AND EFFECTS ARE DETERMINED IS NOT NECESSARILY THE SAME AS THE EFFECTIVE DATE OF THE TRANSFER WHICH FIXES THE BEGINNING OF THE PERIOD DURING WHICH THE SHIPMENT OF HOUSEHOLD EFFECTS COULD HAVE BEEN AUTHORIZED UNDER THE REGULATIONS PROMULGATED BY THE PRESIDENT PURSUANT TO THE ACT OF OCTOBER 10, 1940, 54 STAT. 1105--- THE EFFECTIVE DATE OF TRANSFER FOR SUCH PURPOSES HAVING BEEN DETERMINED TO BE THE DATE OF THE EMPLOYEE'S ENTRANCE UPON DUTY AT THE NEW STATION. SEE EXECUTIVE ORDERS 8588 AND 9122, AND 23 COMP. GEN. 32, AND B-29647, OCTOBER 27, 1942.

THE TRANSFER ORDER IN THIS CASE WAS DATED JANUARY 7, 1946, BUT SPECIFIED THE PERIOD OF TRAVEL THEREIN AUTHORIZED OR DIRECTED AS BEGINNING "1-11- 46.' ACCORDINGLY IT IS HELD THAT THE EFFECTIVE DATE OF THE ORDER IN THIS CASE WAS JANUARY 11, 1946. SINCE, THEREFORE, ORDER AUTHORIZING THE MOVEMENT OF EMPLOYEE'S HOUSEHOLD GOODS IN CONNECTION WITH THE CHANGE OF OFFICIAL STATION DID NOT LIMIT THE WEIGHT WHICH COULD BE TRANSPORTED, AND SINCE, ALSO, THE EMPLOYEE WAS MARRIED ON JANUARY 11, 1946, IT FOLLOWS THAT HE BECAME ENTITLED TO SHIP THE MAXIMUM WEIGHT AUTHORIZED UNDER THE REGULATIONS FOR A PERSON WITH DEPENDENTS.

AS THE SHIPMENT WAS MADE ON A GOVERNMENT BILL OF LADING, THE CARRIER IS ENTITLED TO PAYMENT FOR THE FULL AMOUNT DUE UNDER APPLICABLE TARIFFS, IF OTHERWISE CORRECT, BUT THERE WILL BE FOR COLLECTION FROM THE EMPLOYEE THE PRO RATA CHARGE FOR THE WEIGHT SHIPPED IN EXCESS OF 5,000 POUNDS, AS REQUIRED BY SECTION 7 OF EXECUTIVE ORDER 8588 OF NOVEMBER 7, 1940.