B-70546, NOVEMBER 7, 1947, 27 COMP. GEN. 267

B-70546, NOVEMBER 7, 1947, 27 COMP. GEN. 267

TRANSPORTATION - HOUSEHOLD EFFECTS - SHIPMENT FROM FIRST TO ULTIMATE STATION IN SUCCESSIVE CHANGES OF STATION AN EMPLOYEE WHO WAS ORDERED FROM ONE OFFICIAL STATION TO ANOTHER AND WHO, BEFORE SHIPMENT OF HIS HOUSEHOLD EFFECTS TO SUCH NEW STATION, WAS TRANSFERRED TO A THIRD STATION TO WHICH SHIPMENT WAS MADE WITHIN THE TWO- YEAR ALLOWABLE PERIOD IS ENTITLED, UNDER EXECUTIVE ORDER NO. 9805 ISSUED PURSUANT TO THE ADMINISTRATIVE EXPENSE STATUTE OF AUGUST 2, 1946, TO REIMBURSEMENT ON A COMMUTED BASIS FOR SHIPMENT FROM THE FIRST TO THE THIRD STATION, ONLY, BASED UPON THE SHORT-LINE DISTANCE BETWEEN SUCH POINTS, IRRESPECTIVE OF THE ACTUAL COST OF SUCH SINGLE SHIPMENT.

COMPTROLLER GENERAL WARREN TO M. E. FISHER, DEPARTMENT OF AGRICULTURE, NOVEMBER 7, 1947:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 15, 1947, REQUESTING DECISION WHETHER UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER SET FORTH YOU ARE AUTHORIZED TO CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF BYRON L. DONEEN IN THE AMOUNT OF $140.80, CLAIMED TO BE DUE FOR THE TRANSPORTATION OF HIS HOUSEHOLD EFFECTS IN ADDITION TO THE AMOUNT PREVIOUSLY PAID.

IT APPEARS THAT TRAVEL ORDERS WERE DULY ISSUED, TRANSFERRING MR. DONEEN'S HEADQUARTERS FROM OLYMPIA, WASHINGTON, TO PORTLAND, OREGON, APRIL 7, 1947, AND FROM PORTLAND TO WATSONVILLE, CALIFORNIA, JUNE 9, 1947. BOTH ORDERS INCLUDED AUTHORIZATION FOR THE TRANSPORTATION OF HIS HOUSEHOLD EFFECTS, BUT THEY WERE NOT MOVED FROM OLYMPIA UNTIL AFTER THE TRANSFER TO WATSONVILLE IN JULY-SEPTEMBER, 1947, WHEN THEY WERE MOVED DIRECTLY FROM OLYMPIA TO WATSONVILLE. IT FURTHER APPEARS THAT THE EMPLOYEE SUBMITTED A CLAIM FOR REIMBURSEMENT UPON A COMMUTED BASIS AS THOUGH HIS HOUSEHOLD EFFECTS HAD BEEN MOVED IN TWO SHIPMENTS, ONE FROM OLYMPIA TO PORTLAND AND THE OTHER FROM PORTLAND TO WATSONVILLE, BUT THAT THE AMOUNT ADMINISTRATIVELY ALLOWED WAS BASED UPON THE COMMUTED RATE FOR ONE SHIPMENT BETWEEN OLYMPIA AND WATSONVILLE, AND IT IS THE AMOUNT OF $140.80 ADMINISTRATIVELY DISALLOWED THAT THE EMPLOYEE NOW IS RECLAIMING, ASSERTING ACTUAL EXPENDITURES AGGREGATING $93.17 MORE THAN ALLOWED ADMINISTRATIVELY.

SECTIONS 8, 12, AND 13 OF EXECUTIVE ORDERS 9805 PROVIDE, IN PERTINENT PART, AS FOLLOWS:

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. * * *

SEC. 12. COMMUTATION OF EXPENSES.--- IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TRANSPORTATION, PACKING, CRATING, TEMPORARY STORAGE, 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 AT RATES PER HUNDRED POUNDS AS FIXED BY ZONES IN SCHEDULE A WHICH IS ATTACHED TO AND MADE A PART OF THESE REGULATIONS. THE AMOUNT PAYABLE SHALL BE THE PRODUCT OF THE APPLICABLE RATE AND THE NET WEIGHT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS ACTUALLY SHIPPED BY CARRIER FOR THE EMPLOYEE (WITHIN THE WEIGHT LIMITATION PRESCRIBED BY SECTION 16 HEREOF). GOVERNMENT BILLS OF LADING SHALL NOT BE USED.

SEC. 13. SCHEDULE OF RATES.--- THE SCHEDULE OF RATES IS PREDICATED ON ZONES CONSISTING OF MILEAGE BLOCKS. THE APPLICATION OF THE SCHEDULE WILL REQUIRE A DETERMINATION OF THE SHORT-LINE HIGHWAY DISTANCE BETWEEN THE POINTS WHICH MAY BE AUTHORIZED UNDER THESE REGULATIONS, AND IN ACCORDANCE WITH THE PROVISIONS OF THE HOUSEHOLD GOODS CARRIERS' BUREAU MILEAGE GUIDE NO. 4, MOTOR FREIGHT-1INTERSTATE COMMERCE COMMISSION NO. 27, OR SUCCESSIVE REISSUES THEREOF. IF THE RATE IS NOT SHOWN ON THE SCHEDULE FOR THE ACTUAL DISTANCE STATED IN SUCH MILEAGE GUIDE, THE RATE SHOWN FOR THE NEXT GREATER DISTANCE SHALL APPLY.

THE FOREGOING PROVISIONS OF SECTIONS 8 AND 12 ARE VERY SIMILAR TO THOSE FORMERLY CONTAINED IN SECTIONS 11 AND 12 OF EXECUTIVE ORDER 8588, AS AMENDED BY EXECUTIVE ORDER 9122. IN 20 COMP. GEN. 568, IT WAS HELD BY THIS OFFICE:

UNDER SECTION 12 OF EXECUTIVE ORDER 8588, DATED NOVEMBER 7, 1940, AN EMPLOYEE WHOSE HOUSEHOLD EFFECTS ARE AUTHORIZED TO BE SHIPPED AT GOVERNMENT EXPENSE HAS A PERIOD OF 6 MONTHS WITHIN WHICH TO BEGIN THE SHIPMENT, AND IF HIS STATION IS CHANGED TWICE WITHIN 6 MONTHS AND THE SECOND CHANGE OCCURRED BEFORE HIS EFFECTS WERE SHIPPED FROM THE FIRST STATION, THE EFFECTS MAY BE SHIPPED FROM THE FIRST TO THE THIRD STATION AT GOVERNMENT EXPENSE, EVEN THOUGH THE COST OF TRANSPORTATION IS GREATER FROM THE FIRST STATION THAN FROM THE INTERMEDIATE STATION.

IN DECISION OF OCTOBER 24, 1942, B-28260, IT WAS STATED:

* * * PROVIDED ONLY THAT THE SHIPMENT BEGINS WITHIN SIX MONTHS (OR ANY EXTENSION THEREOF UP TO TWO YEARS) OF THE EFFECTIVE DATE OF THE FIRST TRANSFER, THERE CAN BE NO QUESTION BUT THAT SHIPMENT DIRECTLY FROM A PREVIOUS POST TO THE ULTIMATE DESTINATION IS PROPER, UPON THE PRESUMPTION THAT SUCH COURSE WOULD BE OF ADVANTAGE TO THE GOVERNMENT, AS COMPARED TO THE SEVERAL SEPARATE SHIPMENTS WHICH COULD HAVE BEEN MADE. * * *

AS THE HOUSEHOLD EFFECTS IN THIS CASE WERE SHIPPED DIRECTLY BETWEEN OLYMPIA AND WATSONVILLE, WITHIN THE ALLOWABLE TWO YEARS FROM EFFECTIVE DATE OF FIRST TRANSFER, THE PROPER RATE FOR ALLOWANCE IS THE COMMUTED RATE FOR A SINGLE SHIPMENT BETWEEN THESE TWO POINTS. SINCE THE ACT OF AUGUST 2, 1946, PUBLIC LAW 600, 60 STAT. 806, AND THE REGULATIONS THEREUNDER EMBODIED IN THE ABOVE EXECUTIVE ORDER 9805, REQUIRE REIMBURSEMENT FOR TRANSPORTATION OF HOUSEHOLD EFFECTS TO BE UPON A COMMUTATED BASIS, BASED UPON THE SHORT LINE DISTANCE BETWEEN THE TWO POINTS INVOLVED AND MAKE NO EXCEPTION BASED UPON THE ACTUAL COST OF SUCH A SHIPMENT, IT FOLLOWS THAT THERE IS NO LAWFUL BASIS FOR THE PAYMENT TO MR. DONEEN OF THE ADDITIONAL AMOUNT NOW CLAIMED.

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