B-66700, JUNE 26, 1947, 26 COMP. GEN. 952

B-66700, JUNE 26, 1947, 26 COMP. GEN. 952

TRANSPORTATION - HOUSEHOLD EFFECTS - SHIPMENT FROM STORAGE AT NEW STATION TO RESIDENCE WITHIN METROPOLITAN LIMITS WHERE AN EMPLOYEE'S HOUSEHOLD EFFECTS WERE IN STORAGE AT HIS NEW OFFICIAL STATION WHEN HE WAS TRANSFERRED THERETO, THE SHIPMENT OF SUCH EFFECTS FROM STORAGE TO HIS PLACE OF RESIDENCE LOCATED WITHIN THE METROPOLITAN LIMITS OF THE NEW OFFICIAL STATION AND FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL POST OF DUTY MAY NOT BE REGARDED AS A SHIPMENT FROM "OFFICIAL STATION" AS THAT TERM IS DEFINED IN SECTION 8 OF THE UNIFORM TRANSPORTATION OF HOUSEHOLD EFFECTS REGULATIONS (EXECUTIVE ORDER NO. 9805), SO AS TO AUTHORIZE REIMBURSEMENT THEREFOR.

COMPTROLLER GENERAL WARREN TO WILLIAM H. BARRETT, DEPARTMENT OF COMMERCE, JUNE 26, 1947:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MAY 28, 1947 ( ACCTS-JFB), AS FOLLOWS:

REFERENCE: ATTACHED VOUCHER OF HAROLD W. GWYTHER FOR $87.13.

SUBJECT: PAYMENT OF TRANSPORTATION EXPENSES FROM PLACE OF STORAGE TO RESIDENCE WITHIN COMMUTING DISTANCE OF EMPLOYEE'S NEW OFFICIAL STATION.

IT WILL BE NOTED FROM EXAMINATION OF THE LETTERS OF AUTHORIZATION ATTACHED TO THE VOUCHER THAT THE EMPLOYEE WAS TRANSFERRED FROM HIS PERMANENT OFFICIAL STATION BOSTON, MASS. ( AIRPORT) TO HONOLULU, T.H. VIA SAN FRANCISCO, WITH DETAIL ENROUTE AT SAN FRANCISCO PENDING TRANSPORTATION TO HIS DESTINATION. HIS ORIGINAL LETTER OF AUTHORIZATION WAS AMENDED ON MAY 9, 1946 TO EXTEND HIS DETAIL AT SAN FRANCISCO. ON JULY 18, 1946 THE EMPLOYEE'S ORIGINAL TRANSFER TO HONOLULU WAS CANCELED AND HE WAS TRANSFERRED TO OAKLAND, CALIFORNIA IN LIEU THEREOF. THE EMPLOYEE WAS AGAIN TRANSFERRED FROM OAKLAND, CALIFORNIA TO SAN FRANCISCO, CALIFORNIA UNDER LETTER OF AUTHORIZATION NO. 720, DATED DECEMBER 3, 1946. THE FOLLOWING LISTED EXPENSES WERE INCURRED UNDER LETTER OF AUTHORIZATION NO. 679, DATED APRIL 1, 1946, AMENDED BY LETTER OF AUTHORIZATION NO. 836, DATED MAY 9, 1946, AND VOUCHERS WERE PAID AS INDICATED IN CONNECTION WITH THE EMPLOYEE'S AUTHORIZED TRANSFER TO HONOLULU VIA SAN FRANCISCO:

(1) J.F. FIORE COMPANY. $15.64--- CRATING OF PERSONAL EFFECTS FOR WATER SHIPMENT AND LOCAL DRAYAGE FROM CHARLESTOWN, MASS. ( BOSTON) RESIDENCE TO RAILWAY EXPRESS DEPOT. PAYMENT MADE ON VOUCHER NO. 1006664 BY E. J. BRENNAN ON JUNE 6, 1946 UNDER SYMBOL 200-1080.

(2) RAILWAY EXPRESS AGENCY, INC. $50.92--- SHIPMENT OF PERSONAL EFFECTS UNDER GOVERNMENT BILL OF LADING CWB-684549 FROM BOSTON, MASS. TO SAN FRANCISCO. PAYMENT MADE ON VOUCHER NO. 378410 BY E. J. BRENNAN ON SEPTEMBER 10, 1946 UNDER SYMBOL 200-1080.

(3) J.F. FIORE COMPANY. $217.55--- CRATING HOUSEHOLD GOODS FOR WATER SHIPMENT AND LOCAL DRAYAGE FROM CHARLESTOWN, MASS. ( BOSTON) RESIDENCE TO LUCKENBACK STEAMSHIP COMPANY. PAYMENT MADE ON VOUCHER NO. 1006665 BY E. J. BRENNAN ON JUNE 6, 1946, UNDER SYMBOL 200-1080.

(4) A.B.C. TRANSFER AND STORAGE COMPANY, INC. $30.50--- DRAYAGE 5019 POUNDS HOUSEHOLD GOODS FROM DOCK TO PLACE OF STORAGE, 55 ALAMEDA ST SAN FRANCISCO. PAYMENT MADE ON VOUCHER NO. 1159045 BY E. J. BRENNAN ON JANUARY 28, 1947 UNDER SYMBOL 2000.

(5) LUCKENBACK STEAMSHIP COMPANY, INC. ESTIMATED COST $925.00 WATER TRANSPORTATION CHARGES BOSTON TO SAN FRANCISCO UNDER BILL OF LADING CWB- 684551, WHICH WAS ORIGINALLY ISSUED TO COVER TRANSPORTATION FROM BOSTON TO HONOLULU. A BILL HAS NOT BEEN RECEIVED FROM THE CARRIER.

IT WILL BE NOTED THAT THE EMPLOYEE'S HOUSEHOLD GOODS WERE PLACED IN STORAGE ON ARRIVAL IN SAN FRANCISCO. IT WILL ALSO BE NOTED THAT NO TRANSPORTATION EXPENSES WERE INCURRED UNDER LETTER OF AUTHORIZATION NO. 230, DATED JULY 18, 1946 COVERING CHANGE OF DESTINATION (NEW PERMANENT STATION) FROM HONOLULU TO OAKLAND, CALIFORNIA. THE INCLOSED REIMBURSEMENT VOUCHER, COVERS REQUEST FOR REIMBURSEMENT OF TRANSPORATION EXPENSES AT THE COMMUTED RATE FROM THE PLACE OF STORAGE AT SAN FRANCISCO UNDER THE ORIGINAL LETTER OF AUTHORIZATION ( BOSTON TO HONOLULU) TO THE EMPLOYEE'S RESIDENCE AT RICHMOND, CALIFORNIA WHICH IS HIS DAILY COMMUTING POINT TO HIS NEW OFFICIAL STATION, SAN FRANCISCO.

THE QUESTION FOR DETERMINATION IS WHETHER PAYMENT CAN BE ALLOWED AT THE COMMUTED RATE OF $87.13 AS CLAIMED. IF NOT, MAY THE EMPLOYEE CLAIM REIMBURSEMENT FOR THE ACTUAL HIRE OF THE TRUCK ($14.00) TO TRANSFER HIS GOODS FROM THE PLACE OF STORAGE TO HIS RESIDENCE IN RICHMOND, PLUS THE BRIDGE TOLL THEREON OF $0.85? IN VIEW OF THE PROHIBITION AGAINST PAYMENT OF STORAGE CHARGES UNDER E.O. 8588, AS AMENDED, WOULD THE EMPLOYEE, ASSUMING THE COMMUTED RATE OF $87.13 IS NOT ALLOWED, BE ALLOWED THE ACTUAL STORAGE CHARGE OF $14.00 IN THE INSTANT CIRCUMSTANCES?

YOUR DECISION IN THE CASE IS REQUESTED UNDER THE PROVISIONS OF SECTION 3 OF THE ACT OF DECEMBER 29, 1941 (55 STAT. 876).

EXECUTIVE ORDER 9805 OF NOVEMBER 25, 1946, APPLICABLE TO ALL CHANGES OF STATION AFTER NOVEMBER 1, 1946, PROVIDES IN SECTION 8 THEREOF:

SEC. 8. ORIGIN AND DESTINATION OF SHIPMENT.--- THE EXPENSES OF TRANSPORTATION AUTHORIZED HEREUNDER OR REIMBURSEMENT ON A COMMUTED BASIS WITHIN THE CONTINENTAL UNITED STATES SHALL BE ALLOWABLE WHETHER THE SHIPMENT ORIGINATES AT THE EMPLOYEE'S LAST OFFICIAL STATION OR AT SOME PREVIOUS PLACE OF RESIDENCE, OR PARTIALLY AT BOTH, OR WHETHER THE POINT OF DESTINATION IS THE NEW OFFICIAL STATION OR SOME OTHER POINT SELECTED BY HIM, OR BOTH: PROVIDED, THAT THE COST TO THE GOVERNMENT SHALL NOT EXCEED THE COST OF SHIPMENT IN ONE LOT BY THE MOST ECONOMICAL ROUTE FROM THE LAST OFFICIAL STATION TO THE NEW. NO EXPENSES SHALL BE ALLOWABLE FOR THE TRANSPORTATION OF PROPERTY ACQUIRED EN ROUTE FROM THE LAST OFFICAL STATION TO THE NEW. FOR THE PURPOSES OF THESE REGULATIONS, THE TERM "OFFICIAL STATION" SHALL BE CONSTRUED TO INCLUDE ANY POINT FOM WHICH THE EMPLOYEE COMMUTES DAILY TO HIS OFFICIAL POST OF DUTY.

IT APPEARS FROM YOUR SUBMISSION THAT MR. GWYTHER EXPECTS TO COMMUTE BETWEEN RICHMOND AND SAN FRANCISCO, CALIFORNIA, AND ACCORDING TO THE RAND- MCNALLY ATLAS THE TWO CITIES LIE WITHIN THE SAME METROPOLITAN DISTRICT. IT HAS BEEN THE ESTABLISHED RULE FOR YEARS THAT THE MOVEMENT OF HOUSEHOLD EFFECTS FROM ONE PLACE TO ANOTHER WITHIN THE SAME CITY, INCLUDING MOVEMENT FROM STORAGE TO PLACE OF RESIDENCE, DOES NOT CONSTITUTE THE SHIPMENT OF HOUSEHOLD EFFECTS SUCH AS CONTEMPLATED BY LAW AND REGULATIONS BUT IS A PERSONAL EXPENSE NOT PAYABLE FROM APPROPRIATED FUNDS. 9 COMP. GEN. 377; 13 ID. 210; B-42432, JUNE 26, 1944; B-43887, SEPTEMBER 21, 1944; AND B- 49161, AUGUST 21, 1945.

ACCORDINGLY, AS MR. GWYTHER'S HOUSEHOLD EFFECTS ALREADY WERE LOCATED IN SAN FRANCISCO WHEN HIS OFFICIAL STATION WAS CHANGED TO THAT CITY DECEMBER 3, 1946, NO SHIPMENT OF HIS HOUSEHOLD EFFECTS ALREADY WERE LOCATED IN SAN FRANCISCO WHEN HIS OFFICIAL STATION WAS CHANGED TO THAT CITY DECEMBER 3, 1946, NO SHIPMENT OF HIS HOUSEHOLD EFFECTS WAS INVOLVED WITHIN CONTEMPLATION OF THE REGULATIONS, AND ANY EXPENSE OF MOVING SUCH EFFECTS FROM STORAGE AT ONE POINT TO HIS RESIDENCE WITHIN THE LIMITS OF HIS OFFICIAL STATION AS DEFINED IN THE ABOVE-QUOTED REGULATION CONSTITUTES A PERSONAL EXPENSE, NO PART OF WHICH MAY BE PAID FROM APPROPRIATED FUNDS.

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