B-80593, NOVEMBER 3, 1948, 28 COMP. GEN. 290

B-80593, NOVEMBER 3, 1948, 28 COMP. GEN. 290

TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS WHERE A TRANSFERRED EMPLOYEE'S HOUSEHOLD EFFECTS ARE SHIPPED TO AN INTERMEDIATE POINT FOR HIS CONVENIENCE AND, AFTER BEING TEMPORARILY STORED AT THAT POINT, ARE SHIPPED TO HIS NEW DUTY STATION, THE EMPLOYEE IS ENTITLED UNDER THE PROVISIONS OF EXECUTIVE ORDER NO. 9805, AS AMENDED--- CONTAINING NO LIMITATION UPON THE NUMBER OF SHIPMENTS WHICH MAY BE MADE--- TO REIMBURSEMENT ON A COMMUTED BASIS FOR BOTH SHIPMENTS AT NOT TO EXCEED THE COST OF SHIPMENT IN ONE LOT BY THE MOST ECONOMICAL ROUTE FROM THE LAST OFFICIAL STATION TO THE NEW, INCLUDING THE COST OF TEMPORARY STORAGE AT THE INTERMEDIATE POINT. AN EMPLOYEE WHO, WITHIN THE TIME LIMIT SPECIFIED IN SECTION 5 OF EXECUTIVE ORDER NO. 9805, SHIPPED HIS HOUSEHOLD EFFECTS TO AN INTERMEDIATE POINT UPON TRANSFER FROM HIS FIRST DUTY STATION TO A SECOND, AND FROM THE INTERMEDIATE POINT TO THE THIRD DUTY STATION UPON TRANSFER TO SUCH STATION, IS ENTITLED UNDER SAID EXECUTIVE ORDER TO REIMBURSEMENT ON A COMMUTED BASIS FOR TRANSPORTATION OF SUCH EFFECTS FROM HIS FIRST DUTY STATION TO THE INTERMEDIATE POINT AND FROM THE INTERMEDIATE POINT TO THE THIRD DUTY STATION AT NOT TO EXCEED THE COST OF SEPARATE SHIPMENTS IN ONE LOT BY THE MOST ECONOMICAL MEANS FROM THE FIRST TO THE SECOND STATION AND FROM THE SECOND TO THE THIRD STATION. WHERE, UPON TRANSFER OF OFFICIAL STATION, AN EMPLOYEE'S HOUSEHOLD EFFECTS WERE SHIPPED TO AN INTERMEDIATE POINT BETWEEN HIS FIRST AND SECOND OFFICIAL STATIONS AND THENCE, AFTER THE TWO-YEAR TIME LIMIT SPECIFIED IN SECTION 5 OF EXECUTIVE ORDER NO. 9805 FOR SHIPMENT HAD EXPIRED AS TO THE FIRST TRANSFER, WERE SHIPPED TO A THIRD DUTY STATION, THE MAXIMUM SUM ALLOWABLE FOR TRANSPORTATION FROM THE INTERMEDIATE POINT TO THE THIRD STATION IS THE COST WHICH WOULD HAVE BEEN INCURRED HAD THE EFFECTS MOVED IN ONE LOT BY THE MOST ECONOMICAL ROUTE FROM THE SECOND TO THE THIRD DUTY STATION. UNDER SECTION 12 (B) OF EXECUTIVE ORDER NO. 9805, AS ADDED BY EXECUTIVE ORDER NO. 9933, AUTHORIZING REIMBURSEMENT ON A COMMUTED BASIS AT NOT TO EXCEED THE ACTUAL EXPENSES OF TEMPORARY STORAGE OF HOUSEHOLD EFFECTS, REIMBURSEMENT FOR THE COST OF TEMPORARY STORAGE MAY BE MADE AT THE COMMUTED RATE OF $1.60 PER HUNDRED POUNDS FOR THE FIRST 30 DAYS OF STORAGE OR FRACTION THEREOF, NOT EXCEEDING THE AMOUNT ACTUALLY PAID BY THE EMPLOYEE FOR THE STORAGE, EVEN THOUGH THE EFFECTS WERE IN STORAGE FOR A SMALL FRACTION OF 30 DAYS. UNDER SECTION 3 OF EXECUTIVE ORDER NO. 9805, SPECIFICALLY RESTRICTING THE RIGHT TO REIMBURSEMENT OF TRANSPORTATION EXPENSES OF A TRANSFERRED EMPLOYEE'S IMMEDIATE FAMILY TO THOSE CASES WHERE THE TRAVEL OF THE IMMEDIATE FAMILY ORIGINATES AT THE EMPLOYEE'S LAST OFFICIAL STATION "OR AT SOME PREVIOUS PLACE OF RESIDENCE," AN EMPLOYEE IS NOT ENTITLED TO REIMBURSEMENT OF TRANSPORTATION EXPENSES OF HIS IMMEDIATE FAMILY WHERE SUCH TRAVEL ORIGINATES AT OTHER THAN THE EMPLOYEE'S LAST OFFICIAL STATION "OR AT SOME PREVIOUS PLACE OF RESIDENCE.' NO GENERAL RULE MAY BE LAID DOWN AS TO WHAT CONSTITUTES A "PREVIOUS PLACE OF RESIDENCE" WITHIN THE MEANING OF SECTIONS 3 AND 8 OF EXECUTIVE ORDER NO. 9805, RESPECTING THE ORIGIN AND DESTINATION OF THE TRAVEL OF AN EMPLOYEE'S IMMEDIATE FAMILY AND OF THE SHIPMENT OF HIS HOUSEHOLD EFFECTS, THE ,PREVIOUS PLACE OF RESIDENCE" BEING A FACTUAL MATTER FOR ADMINISTRATIVE DETERMINATION WHICH ORDINARILY WILL NOT BE QUESTIONED BY THIS OFFICE UNLESS THE FACTS OF RECORD CLEARLY SHOW THAT THE DETERMINATION WAS ARBITRARY, ERRONEOUS, AND WITHOUT BASIS IN FACT.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE INTERIOR, NOVEMBER 3, 1948:

THERE HAS BEEN CONSIDERED YOUR LETTER OF SEPTEMBER 29, 1948, PRESENTING FOR CONSIDERATION VARIOUS QUESTIONS ARISING IN CONNECTION WITH THE APPLICATION OF THE PROVISIONS OF EXECUTIVE ORDER 9805, AS AMENDED BY EXECUTIVE ORDER 9933, RELATING TO EXPENSES OF TRANSPORTATION AND TEMPORARY STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS AS WELL AS EXPENSES OF TRANSPORTATION OF MEMBERS OF THE IMMEDIATE FAMILIES OF EMPLOYEES INCURRED INCIDENT TO PERMANENT TRANSFERS OF DUTY STATIONS OF GOVERNMENT EMPLOYEES, THE PERTINENT PROVISIONS OF WHICH ARE AS FOLLOWS:

SECTION 1. AS USED IN THESE REGULATIONS:

(E) "TEMPORARY STORAGE" MEANS STORAGE AT POINT OF DEPARTURE, DESTINATION, OR WAY STATION FOR NOT MORE THAN SIXTY DAYS.

SEC. 3. TRANSPORTATION EXPENSES OF IMMEDIATE FAMILY. THE TRANSPORTATION OF THE IMMEDIATE FAMILY OF AN EMPLOYEE SHALL BE SUBJECT TO THOSE PROVISIONS OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHICH RELATE TO TRANSPORTATION, INCLUDING MILEAGE, AND SHALL BE IN ACCORDANCE WITH THE ACT OF FEBRUARY 14, 1931 (5 U.S.C. 73 (A) (, WHETHER THE TRAVEL ORIGINATES AT THE EMPLOYEE'S LAST OFFICIAL STATION OR AT SOME PREVIOUS PLACE OF RESIDENCE AND WHETHER THE POINT OF DESTINATION IS THE NEW OFFICIAL STATION OR SOME OTHER POINT SELECTED BY HIM, OR BOTH. THE COST TO THE GOVERNMENT SHALL NOT EXCEED THE COST OF TRANSPORTATION BY THE MOST ECONOMICAL ROUTE BETWEEN THE LAST OFFICIAL STATION AND THE NEW OFFICIAL STATION.

SEC. 5. TIME LIMIT. ALL TRAVEL AND TRANSPORTATION ALLOWABLE UNDER THESE REGULATIONS SHALL BEGIN WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF THE TRANSFER OF THE EMPLOYEE, EXCEPT THAT FOR EMPLOYEES WHO ENTER UPON ACTIVE MILITARY, NAVAL, OR COAST GUARD DUTY AT ANY TIME PRIOR TO THE EXPIRATION OF SUCH PERIOD AND ARE FURLOUGHED FOR THE DURATION OF SUCH DUTY, THE TWO- YEAR PERIOD SHALL BE EXCLUSIVE OF ANY TIME DURING WHICH SHIPPING RESTRICTIONS MAKE THE TRAVEL AND TRANSPORTATION IMPOSSIBLE. ADMINISTRATIVE OFFICERS SHALL ENDEAVOR TO COMPLETE TRAVEL AND TRANSPORTATION AT THE EARLIEST PRACTICABLE DATES.

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 OFFICIAL STATION TO THE NEW. FOR THE PURPOSES OF THESE REGULATIONS, THE TERM "OFFICIAL STATION" SHALL BE CONSTRUED TO INCLUDE ANY POINT FROM WHICH THE EMPLOYEE COMMUTES DAILY TO HIS OFFICIAL POST OF DUTY.

SEC. 12. (A) COMMUTATION OF EXPENSES--- GENERAL. 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 COMMUTED 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.

(B) COMMUTATION OF EXPENSES--- TEMPORARY STORAGE. IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TEMPORARY STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IN THE CASE OF TRANSFERS BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES AND IN ADDITION TO ALLOWANCES UNDER SCHEDULE A, REIMBURSEMENT SHALL BE MADE TO THE EMPLOYEE AT THE COMMUTED RATE OF $1.60 PER HUNDRED POUNDS FOR THE FIRST 30 DAYS OF STORAGE OR FRACTION THEREOF: PROVIDED, HOWEVER, THAT THE AMOUNT OF THE REIMBURSEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE EMPLOYEE FOR THE STORAGE IN QUESTION. ANY CLAIM FOR REIMBURSEMENT FOR TEMPORARY STORAGE SHALL BE SUPPORTED BY THE ORIGINAL OR CERTIFIED COPY OF THE RECEIPTED WAREHOUSE BILL.

THE QUESTIONS WHICH YOU PRESENT FOR CONSIDERATION IN CONNECTION WITH THE APPLICATION OF THE FOREGOING REGULATORY PROVISIONS ARE STATED IN YOUR LETTER AS FOLLOWS:

1. WHEN SHIPMENT IS MADE TO AN INTERMEDIATE POINT FOR THE CONVENIENCE OF THE EMPLOYEE, AND THE EFFECTS SUBSEQUENTLY ARE SHIPPED FROM THE INTERMEDIATE POINT TO THE EMPLOYEE'S OFFICIAL STATION WITHIN THE TIME LIMIT PRESCRIBED, MAY REIMBURSEMENT AT THE COMMUTATED RATE BE ALLOWED FOR BOTH SHIPMENTS, AT NOT TO EXCEED THE RATE THAT WOULD HAVE BEEN ALLOWABLE ON THE BASIS OF ONE SHIPMENT FROM THE POINT OF ORIGIN TO THE OFFICIAL STATION, OR IS IT NECESSARY TO LIMIT REIMBURSEMENT TO THE INITIAL SHIPMENT TO THE INTERMEDIATE POINT?

(A) IN THE EVENT THE EFFECTS ARE STORED AT THE INTERMEDIATE POINT DURING THE INTERVENING PERIOD ARE THE STORAGE CHARGES ALLOWABLE?

2. WHEN TWO TRANSFERS ARE INVOLVED AND, BECAUSE OF LACK OF SUITABLE HOUSING ACCOMMODATIONS, THE INITIAL SHIPMENT IS MADE TO AN INTERMEDIATE POINT BETWEEN THE FIRST OFFICIAL STATION AND THE SECOND OFFICIAL STATION, AND THENCE FROM THE INTERMEDIATE POINT TO THE THIRD OFFICIAL STATION, IS REIMBURSEMENT ALLOWABLE FROM THE FIRST STATION TO THE INTERMEDIATE POINT ON THE FIRST TRANSFER, AND FROM THE INTERMEDIATE POINT TO THE THIRD OFFICIAL STATION UNDER THE SUBSEQUENT TRANSFER, OR WOULD IT BE NECESSARY TO LIMIT THE REIMBURSEMENT ON THE SECOND TRANSFER ON THE BASIS OF THE DISTANCE BETWEEN THE SECOND AND THIRD OFFICIAL STATIONS?

3. IS THE FULL $1.60 PER HUNDRED POUNDS FOR THE FIRST 30 DAYS OF STORAGE OR FRACTION THEREOF, NOT EXCEEDING THE AMOUNT ACTUALLY PAID BY THE EMPLOYEE FOR FRACTION THEREOF, NOT EXCEEDING THE AMOUNT ACTUALLY PAID BY THE EMPLOYEE FOR THE STORAGE, ALLOWABLE WHEN THE EFFECTS ARE IN STORAGE FOR A SMALL FRACTION OF 30 DAYS, OR IS THE REIMBURSEMENT TO BE PRORATED ACCORDING TO THE NUMBER OF DAYS?

SINCE THE CURRENT EXECUTIVE ORDER DOES PROVIDE LIMITATIONS ON THE POINTS FROM WHICH EXPENSES MAY BE ALLOWED FOR THE TRANSPORTATION OF MEMBERS OF THE IMMEDIATE FAMILY OF AN EMPLOYEE AND THE SHIPMENT OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS, MAY REIMBURSEMENT STILL BE ALLOWED FOR EXPENSES OF TRANSPORTATION OF THE EMPLOYEE'S FAMILY FROM WHATEVER POINT THEY MAY BE WHEN THE TRANSFER ORDERS ARE RECEIVED TO THE NEW OFFICIAL STATION OF THE EMPLOYEE, NOT TO EXCEED THE COST OF TRANSPORTATION BY THE LOWEST ECONOMICAL USUALLY TRAVELED ROUTE BETWEEN THE OLD AND NEW STATIONS, OR MUST SUCH EXPENSES BE DENIED ENTIRELY, UNLESS THE TRAVEL ORIGINATES FROM THE EMPLOYEE'S LAST OFFICIAL STATION OR SOME PREVIOUS PLACE OF RESIDENCE?

(A) WHAT RULE REASONABLY MAY BE FOLLOWED IN DETERMINING WHETHER ANY POINT AT WHICH MEMBERS OF THE IMMEDIATE FAMILY MAY BE WHEN THE TRANSFER ORDERS ARE RECEIVED CONSTITUTES A PREVIOUS PLACE OF RESIDENCE?

(B) SHOULD THE SAME RULES BE FOLLOWED RELATIVE TO TRANSPORTATION OF THE EMPLOYEE'S IMMEDIATE FAMILY AND THE SHIPMENT OF HOUSEHOLD GOODS, IN SO FAR AS THE POINT OF ORIGIN IS CONCERNED?

THE QUESTIONS WILL BE ANSWERED IN THE ORDER PRESENTED.

QUESTION 1.

WHILE, OF COURSE, IT IS PREFERABLE FROM AN ADMINISTRATIVE STANDPOINT THA EMPLOYEES' EFFECTS BE SHIPPED IN ONE LOT DIRECT TO THE NEW DUTY STATIONS WHENEVER POSSIBLE, THE REGULATIONS CONTAIN NO LIMITATION UPON THE NUMBER OF SEPARATE SHIPMENTS WHICH MAY BE MADE. SEE, GENERALLY, B 76309, JUNE 8, 1948. ACCORDINGLY, YOUR FIRST ALTERNATE QUESTION IS ANSWERED IN THE AFFIRMATIVE, AND YOUR SECOND ALTERNATE QUESTION IS ANSWERED IN THE NEGATIVE.

QUESTION 1 (A).

THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE.

QUESTION 2.

IN THE EVENT THE TIME LIMIT FOR SHIPMENT OF HOUSEHOLD GOODS HAS NOT EXPIRED ON EITHER OF THE TRANSFERS, REIMBURSEMENT WOULD BE ALLOWABLE ON THE FIRST TRANSFER FROM THE FIRST DUTY STATION TO THE INTERMEDIATE POINT AND ON THE SECOND TRANSFER FROM THE INTERMEDIATE POINT TO THE THIRD DUTY STATION, PROVIDED THAT IN NO EVENT MAY THE TOTAL COST CHARGEABLE TO GOVERNMENT FUNDS EXCEED THAT WHICH WOULD HAVE BEEN INCURRED FOR SEPARATE SHIPMENTS OF THE EFFECTS IN ONE LOT BY THE MOST ECONOMICAL MEANS FROM THE FIRST TO THE SECOND STATION AND FROM THE SECOND TO THE THIRD STATION. THE TIME LIMIT ON THE FIRST TRANSFER ORDER HAS EXPIRED PRIOR TO THE DATE OF SHIPMENT FROM THE INTERMEDIATE POINT TO THE THIRD DUTY STATION, THE SHIPMENT FROM SUCH INTERMEDIATE POINT MUST REST ENTIRELY UPON THE AUTHORIZATION FOR SHIPMENT OF THE EFFECTS BETWEEN THE SECOND AND THIRD DUTY STATIONS. HENCE, UNDER SUCH CIRCUMSTANCES, THE MAXIMUM SUM ALLOWABLE FOR THE MOVEMENT OF THE EFFECTS FROM THE INTERMEDIATE POINT TO THE THIRD DUTY STATION WOULD BE THE COST WHICH WOULD HAVE BEEN INCURRED HAD THE EFFECTS MOVED IN ONE LOT BY THE MOST ECONOMICAL ROUTE FROM THE SECOND TO THE THIRD DUTY STATION.

QUESTION 3.

YOUR FIRST ALTERNATE QUESTION IS ANSWERED IN THE AFFIRMATIVE, AND YOUR SECOND ALTERNATE QUESTION IS ANSWERED IN THE NEGATIVE.

QUESTION 4.

SECTION 3 OF EXECUTIVE ORDER 9805, SUPRA, SPECIFICALLY RESTRICTS THE RIGHT TO REIMBURSEMENT OF TRANSPORTATION EXPENSES OF AN EMPLOYEE'S IMMEDIATE FAMILY TO THOSE CASES WHERE THE TRAVEL OF THE IMMEDIATE FAMILY ORIGINATES AT THE EMPLOYEE'S LAST OFFICIAL STATION "OR AT SOME PREVIOUS PLACE OF RESIDENCE.' IT FOLLOWS THAT YOUR FIRST ALTERNATE QUESTION MUST BE ANSWERED IN THE NEGATIVE, AND YOUR SECOND ALTERNATE QUESTION IS ANSWERED IN THE AFFIRMATIVE. SEE 25 COMP. GEN. 743.

QUESTION 4 (A).

NO GENERAL RULE MAY BE LAID DOWN AS TO WHAT CONSTITUTES A "PREVIOUS PLACE OF RESIDENCE" WITHIN THE MEANING OF THAT TERM AS USED IN SECTIONS 3 AND 8 OF EXECUTIVE ORDER 9805. IT IS A FACTUAL MATTER AND IS FOR ADMINISTRATIVE DETERMINATION IN EACH PARTICULAR CASE. MOREOVER, SUCH ADMINISTRATIVE DETERMINATION ORDINARILY WOULD NOT BE QUESTIONED BY THIS OFFICE, UNLESS THE FACTS OF RECORD CLEARLY SHOWED THAT THE DETERMINATION WAS ARBITRARY, ERRONEOUS, AND WITHOUT BASIS IN FACT.

QUESTION 4 (B).