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B-191684, NOVEMBER 8, 1978

B-191684 Nov 08, 1978
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Highlights

ALL OTHER CLAIMS MUST HAVE ARISEN ON OR AFTER JULY 6. USAF: THIS ACTION IS IN RESPONSE TO A LETTER DATED FEBRUARY 27. SERGEANT KIRK'S CLAIM IS FOR REIMBURSEMENT OF THE CHARGES HE INCURRED FOR RECONNECTING HIS PRIVATE TELEPHONE WHEN HE WAS REQUIRED TO MOVE FROM HIS GOVERNMENT QUARTERS TO OTHER GOVERNMENT QUARTERS. ONE OF THE RELOCATION EXPENSES WAS THE $44 TELEPHONE RECONNECTION CHARGE. THE BASIC ISSUE PRESENTED BY THIS CASE IS WHETHER THE CLAIM IS PAYABLE AS A RESULT OF OUR DECISION IN 56 COMP.GEN. 767. WE SPECIFICALLY HELD THAT OUR DECISION IN 56 COMP.GEN. 767 WAS TO BE APPLIED ONLY PROSPECTIVELY AND DID NOT AFFECT CLAIMS FOR TELEPHONE RECONNECTION WHICH AROSE PRIOR TO JULY 6. THIS WAS IN ACCORDANCE WITH THE WELL-ESTABLISHED RULE THAT A DECISION WHICH CHANGES A PRIOR CONSTRUCTION OF A STATUTE IS NOT RETROACTIVELY EFFECTIVE.

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B-191684, NOVEMBER 8, 1978

DIGEST: THE CHANGED INTERPRETATION OF 31 U.S.C. 679 (1976) ANNOUNCED IN 56 COMP.GEN. 767, TO AUTHORIZE REIMBURSEMENT OF CERTAIN TELEPHONE INSTALLATION CHARGES, SHOULD BE APPLIED TO THE CLASS OF CLAIMS REPRESENTED BY THE CLAIM SUBMITTED FOR DECISION BY THE ACCOUNTING OFFICER IN THAT CASE. HOWEVER, EXCEPT FOR THAT LIMITED CLASS OF CLAIMS, ALL OTHER CLAIMS MUST HAVE ARISEN ON OR AFTER JULY 6, 1977, THE EFFECTIVE DATE OF THAT DECISION, TO BE CONSIDERED UNDER THE NEW RULE ANNOUNCED THEREIN.

DECISION

STAFF SERGEANT DWIGHT J. KIRK, USAF:

THIS ACTION IS IN RESPONSE TO A LETTER DATED FEBRUARY 27, 1978 (FILE REFERENCE:ACF), WITH ENCLOSURES, FROM THE CHIEF, ACCOUNTING AND FINANCE BRANCH, COMPTROLLER, HEADQUARTERS, WARNER ROBINS AIR LOGISTICS CENTER, ROBINS AIR FORCE BASE, GEORGIA, REQUESTING AN ADVANCE DECISION CONCERNING THE CLAIM OF STAFF SERGEANT DWIGHT J. KIRK, USAF, XXX-XX-XXXX. SERGEANT KIRK'S CLAIM IS FOR REIMBURSEMENT OF THE CHARGES HE INCURRED FOR RECONNECTING HIS PRIVATE TELEPHONE WHEN HE WAS REQUIRED TO MOVE FROM HIS GOVERNMENT QUARTERS TO OTHER GOVERNMENT QUARTERS. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 78-20, BY THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE CLAIM AROSE AS THE RESULT OF A GOVERNMENT ORDERED RENOVATION PROJECT WHICH AFFECTED SERGEANT KIRK'S FAMILY-TYPE LIVING QUARTERS AT ROBINS AIR FORCE BASE. IN COMPLIANCE WITH GOVERNMENT ORDERS, SERGEANT KIRK RELOCATED HIS RESIDENCE ON MAY 13, 1977. ONE OF THE RELOCATION EXPENSES WAS THE $44 TELEPHONE RECONNECTION CHARGE, PAID BY SERGEANT KIRK, FOR WHICH HE NOW SEEKS REIMBURSEMENT.

THE BASIC ISSUE PRESENTED BY THIS CASE IS WHETHER THE CLAIM IS PAYABLE AS A RESULT OF OUR DECISION IN 56 COMP.GEN. 767, DECIDED JULY 6, 1977, IN WHICH WE OVERRULED A PREVIOUS LINE OF DECISIONS AND HELD THAT THE CLAIM PRESENTED IN THAT CASE FOR TELEPHONE RECONNECTION CHARGES, AND SIMILAR CLAIMS, "WHICH AROSE IN THE FUTURE," COULD BE PAID. SPECIFICALLY, WE HELD THAT UNDER DELINEATED CIRCUMSTANCES TELEPHONE RECONNECTION CHARGES, ARISING AS A RESULT OF A REQUIRED RELOCATION, CONSTITUTED A REIMBURSABLE EXPENSE SINCE IT APPEARED THAT CONGRESS DID NOT INTEND THAT 31 U.S.C. 679 (1970) PROHIBIT PAYMENT OF THESE CHARGES.

IN A SUBSEQUENT CASE, B-190389, JANUARY 3, 1978, WE SPECIFICALLY HELD THAT OUR DECISION IN 56 COMP.GEN. 767 WAS TO BE APPLIED ONLY PROSPECTIVELY AND DID NOT AFFECT CLAIMS FOR TELEPHONE RECONNECTION WHICH AROSE PRIOR TO JULY 6, 1977. THIS WAS IN ACCORDANCE WITH THE WELL-ESTABLISHED RULE THAT A DECISION WHICH CHANGES A PRIOR CONSTRUCTION OF A STATUTE IS NOT RETROACTIVELY EFFECTIVE, BUT IS APPLICABLE ONLY TO THE CASE DECIDED AND TO CASES WHICH ARISE IN THE FUTURE.

SEVERAL ARGUMENTS ARE MADE IN SUPPORT OF SERGEANT KIRK'S CLAIM. HOWEVER, THE MOST PERUASIVE ARGUMENT IN OUR VIEW IS THAT SERGEANT KIRK'S CLAIM WAS ONE OF SEVERAL THAT ORIGINATED AT ROBINS AIR FORCE BASE DURING THE TIME THAT SERGEANT FOSTER'S CLAIM, WHICH ALSO ORIGINATED AT ROBINS AND WHICH WAS THE SUBJECT OF 56 COM.GEN. 767, WAS UNDER CONSIDERATION BY OUR OFFICE. THE ACCOUNTING AND FINANCE OFFICER STATES THAT DURING THE CONSIDERATION OF THE FOSTER CASE, HIS OFFICE DISCOURAGED SUBMISSION OF SIMILAR CLAIMS OR EVEN MAY HAVE REFUSED TO ACCEPT THEM, SINCE IT IS CUSTOMARY TO AVOID PROCESSING MULTIPLE REQUESTS FOR DECISION ON THE SAME POINT.

IN THIS REGARD WE NOTE THAT IN SUBMITTING THE FOSTER CASE THE ACCOUNTING AND FINANCE OFFICER INDICATED THAT SERGEANT FOSTER WAS THE FIRST MEMBER DIRECTED TO MOVE UNDER A PROGRAM AT ROBINS WHICH WOULD INVOLVE A NUMBER OF MEMBERS. UPON OUR REVIEW OF THAT SUBMISSION WE FIND A CLEAR INDICATION THAT SERGEANT FOSTER'S CASE WAS BEING SUBMITTED AS REPRESENTATIVE OF A NUMBER OF SIMILAR CLAIMS WHICH THE ACCOUNTING AND FINANCE OFFICER EXPECTED TO ARISE. IT APPEARS THAT SERGEANT FOSTER'S CASE, BEING THE FIRST, WAS SUBMITTED TO OBTAIN A DECISION UPON WHICH SETTLEMENT OF SUBSEQUENT CLAIMS, WHICH WOULD BE HELD PENDING THE DECISION, COULD BE BASED.

IN THESE CIRCUMSTANCES THE DECISION ALLOWING PAYMENT IN SERGEANT FOSTER'S CASE, 56 COMP.GEN. 767, SHOULD BE CONSIDERED TO APPLY TO THE CLASS OF CLAIMS WHICH IT WAS INTENDED TO REPRESENT. THAT IS, IT APPLIES TO ALL CLAIMS OF A SIMILAR NATURE WHICH AROSE UNDER THE JURISDICTION OF THE ACCOUNTING AND FINANCE OFFICER AT ROBINS AIR FORCE BASE AT THE TIME SERGEANT FOSTER'S CLAIM AROSE, OR THEREAFTER, AND WHICH WERE HELD PENDING OUR DECISION IN SERGEANT FOSTER'S CASE. ACCORDINGLY, SINCE SERGEANT KIRK'S CLAIM IS ONE OF THAT CLASS, THE VOUCHER SUBMITTED IN HIS CASE IS RETURNED FOR PAYMENT.

HOWEVER, EXCEPT FOR THE LIMITED CLASS OF CASES DESCRIBED ABOVE, OTHER SIMILAR CLAIMS MUST HAVE ARISEN ON OR AFTER THE DATE OF 56 COMP.GEN 767 (JULY 6, 1977), TO BE CONSIDERED UNDER THE NEW RULE ANNOUNCED IN THAT DECISION. DECISION B-190389, JANUARY 3, 1978, IS AFFIRMED.

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