B-75798, JUNE 1, 1948, 27 COMP. GEN. 737

B-75798, JUNE 1, 1948, 27 COMP. GEN. 737

TRANSPORTATION - HOUSEHOLD EFFECTS - EMPLOYEES ASSIGNED TO DUTY OUTSIDE U.S. - SHIPMENT TO POINT WITHIN U.S. WHERE AN EMPLOYEE WAS TRANSFERRED FROM AN OFFICIAL STATION IN THE UNITED STATES TO A POINT OUTSIDE THE CONTINENTAL UNITED STATES UNDER TRANSFER ORDERS WHICH AUTHORIZED THE SHIPMENT OF HOUSEHOLD EFFECTS IN CONNECTION WITH SUCH TRANSFER, PAYMENT FOR SHIPMENT OF THE EMPLOYEE'S HOUSEHOLD EFFECTS SHOULD BE MADE UPON AN ACTUAL EXPENSE BASIS IN ACCORDANCE WITH SECTION 17 OF EXECUTIVE ORDER NO. 9805 AS IN THE CASE OF TRANSFERS TO POINTS OUTSIDE THE CONTINENTAL UNITED STATES, EVEN THOUGH THE HOUSEHOLD EFFECTS WERE NOT SHIPPED TO THE EMPLOYEE'S NEW FOREIGN DUTY STATION BUT TO A POINT WITHIN THE CONTINENTAL UNITED STATES.

ACTING COMPTROLLER GENERAL FISHER TO A. L. ROHAM, DEPARTMENT OF AGRICULTURE, JUNE 1, 1948:

THERE HAS BEEN CONSIDERED YOUR LETTER OF APRIL 22, 1948, REFERENCE T. AS FOLLOWS:

THE ATTACHED VOUCHER FOR MR. HERMAN MCKEE, IN THE AMOUNT OF $203.52, HAS BEEN PRESENTED TO ME FOR PAYMENT. INCLUDED IN THE VOUCHER IS A CLAIM FOR REIMBURSEMENT FOR THE MOVEMENT OF HOUSEHOLD GOODS, IN CONNECTION WITH A TRANSFER OF OFFICIAL STATION FROM KNOXVILLE, TENNESSEE TO MEXICO CITY, MEXICO.

MR. MCKEE IS CLAIMING REIMBURSEMENT FOR THE SHIPPING OF HIS HOUSEHOLD GOODS ON AN ACTUAL EXPENSE BASIS. THE POINTS BETWEEN WHICH THE SHIPMENT WAS MADE ARE BOTH WITHIN THE LIMITS OF THE CONTINENTAL UNITED STATES, ALTHOUGH THE SHIPMENT WAS AUTHORIZED IN CONNECTION WITH THE TRANSFER OF OFFICIAL STATION TO A POINT OUTSIDE THE CONTINENTAL UNITED STATES.

IN ATTEMPTING TO DETERMINE WHETHER SETTLEMENT SHOULD BE MADE ON AN ACTUAL EXPENSE BASIS OR ON THE BASIS OF A COMMUTED RATE, REFERENCE WAS MADE TO THE FOLLOWING SECTIONS OF EXECUTIVE ORDER 805:

" SECTION 17 OF EXECUTIVE ORDER 9805 STATES IN PART" . . . THE ACTUAL COSTS OF TRANSPORTATION OF THE HOUSEHOLD GOODS AND PERSONAL EFFECTS OF THE EMPLOYEE, NOT IN EXCESS OF 7,000 POUNDS NET, AND OF THE PACKING, CRATES, BOXES, LIFT VANS, OR OTHER TEMPORARY CONTAINERS REQUIRED FOR THE SHIPMENT, SHALL BE ALLOWED IN THE CASE OF TRANSFERS TO OR FROM POINTS OUTSIDE THE CONTINENTAL UNITED STATES . .;," (ITALICS SUPPLIED.)

" SECTION 12 OF EXECUTIVE ORDER 9805 AS AMENDED STATES IN PART "IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TRANSPORTATION, PACKING, CRATING, DRAYAGE, AND UNPACKING OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IN THE CASE OF TRANSFERS BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES, REIMBURSEMENT SHALL BE MADE TO THE EMPLOYEE ON A COMMUTATED BASIS . . .'" (ITALICS SUPPLIED.)

THE UNDERSIGNED IS UNABLE TO INTERPRET THE WORD "TRANSFERS" IN THE ABOVE CITED SECTIONS OF EXECUTIVE ORDER 9805 AS TO WHETHER IT REFERS TO THE TRANSFER OF THE EMPLOYEE'S OFFICIAL STATION OR TO THE MOVEMENT OF THE HOUSEHOLD GOODS. YOUR DECISION, THEREFORE, IS REQUESTED AS TO WHETHER PAYMENT OF THE ATTACHED VOUCHER SHOULD BE MADE ON THE BASIS OF ACTUAL EXPENSES OR AT A COMMUTED RATE.

IF YOUR ANSWER TO THIS QUESTION IS TO THE EFFECT THAT SETTLEMENT WILL BE MADE ON THE BASIS OF A COMMUTED RATE, A PROBLEM ARISES IN DETERMINING THE EXCESS, IF ANY, IN THE COST OF THE SHIPMENT FROM KNOXVILLE, TENNESSEE TO DECATUR, ALABAMA, AS COMPARED WITH THAT FROM KNOXVILLE, TENNESSEE TO MEXICO CITY. WHILE IT APPEARS OBVIOUS THERE WILL BE NO EXCESS COST INVOLVED BECAUSE OF THE RELATIVE DISTANCES, IT IS CONSIDERED ADVISABLE TO VERIFY THAT FACT. ACCORDINGLY, YOUR ADVICE IS ALSO REQUESTED IN CONNECTION WITH THIS DETERMINATION AS TO WHETHER THE CONSTRUCTED COST OF THE SHIPMENT TO MEXICO CITY SHOULD BE MADE ON AN ACTUAL EXPENSE BASIS OR ON THE BASIS OF A COMMUTED RATE.

THE WORDS,"TRANSFER," "TRANSFERS," AND "TRANSFERRED," APPEARING IN SECTION 1 OF THE ACT OF AUGUST 2, 1946 ( PUBLIC LAW 600), 60 STAT. 806, 807, AND IN TITLES I, II, AND III OF EXECUTIVE ORDERS 9805 AND 9933, RELATE TO THE OFFICER OR EMPLOYEE WHO HAS BEEN ORDERED OR DIRECTED TO MAKE A PERMANENT CHANGE OF STATION (OTHER THAN FOR THE CONVENIENCE OF THE EMPLOYEE), AND NOT TO THE MOVEMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS.

SINCE THE EMPLOYEE'S TRANSFER ORDER DATED SEPTEMBER 2, 1947, AUTHORIZED THE SHIPMENT OF HIS HOUSEHOLD EFFECTS FROM KNOXVILLE, TENNESSEE, TO MEXICO CITY, MEXICO, PAYMENT FOR THE SHIPMENT OF SAID HOUSEHOLD EFFECTS SHOULD BE MADE UPON THE BASIS OF EXPENSES ACTUALLY AND NECESSARILY INCURRED WITHIN THE LIMITATIONS PRESCRIBED BY APPLICABLE REGULATIONS. IT THUS APPEARS THAT, WITH THE EXCEPTION OF THE ITEM OF $7.50 FOR INSURANCE, ALL CHARGES ITEMIZED ON THE VOUCHER SUBMITTED ARE PROPER FOR ALLOWANCE. WITH RESPECT TO THE ITEM FOR INSURANCE, IT IS FOR NOTING THAT NEITHER THE ACT OF AUGUST 2, 1946, SUPRA, NOR THE EXECUTIVE ORDERS ISSUED PURSUANT THERETO, AUTHORIZE PAYMENT OF CHARGES FOR INSURANCE. IN VIEW OF THIS ANSWER, NO ANSWER IS REQUIRED TO THE QUESTION PROPOUNDED IN THE CONCLUDING PARAGRAPH OF YOUR LETTER.

THE VOUCHER, IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT AS HEREINABOVE INDICATED, WHICH VOUCHER, TOGETHER WITH SUPPORTING PAPERS, IS RETURNED HEREWITH.