B-170329, OCT. 19, 1970

B-170329, OCT. 19, 1970

EMPLOYEE TRANSFER - HOUSE HUNTING EXPENSES DECISION TO ACCOUNTING OFFICE AUTHORIZING PAYMENT FOR EXPENSES INCURRED DURING HOUSE HUNTING TRIP BY AN EMPLOYEE, INCEDENT TO PERMENANT CHANGE OF STATION. DEFENSE SUPPLY AGENCY EMPLOYEE, WHO WAS AUTHORIZED TRAVEL FOR HOUSE HUNTING PURPOSES AND WAS TOLD ORALLY THAT TRANSPORTATION ORDERS WOULD BE ISSUED AFTER COMPLETION OF THE TRIP AND THE FURNISHING OF THE RESIDENCE, UPON HIS RETURN, DID RECEIVE THE CHANGE OF STATION AUTHORIZATION, WHICH WAS ISSUED ON THE SAME DAY AND MAY BE REGARDED AS HAVING ORALLY AUTHORIZED EMPLOYEE TO MAKE THE HOUSE HUNTING TRIP IN CONNECTION WITH THE APPROVED TRANSFER SINCE IT WAS INDUCED BY THE SAME PERSON WHO LATER SIGNED THE ORDERS TO PERFORM THE TRAVEL WITHOUT ADVANCE WRITTEN TRAVEL ORDERS.

TO MR. W. F. GRICE:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 23, 1970, REFERENCE DDMT CAF, FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE ON JULY 13, 1970, PDTATAC CONTROL NO. 70-36, FOR AN ADVANCE DECISION WHETHER A VOUCHER COVERING EXPENSES OF A HOUSE HUNTING TRIP MAY BE PAID TO MR. HARRY D. ROWELL, JR., AN EMPLOYEE OF THE DEFENSE SUPPLY AGENCY, INCIDENT TO A PERMANENT CHANGE OF STATION.

THE RECORD SHOWS THAT MR. ROWELL WAS TRANSFERRED FROM U.S. ARMY INFANTRY CENTER, FORT BENNING, GEORGIA, TO DEFENSE DEPOT MEMPHIS, TENNESSEE, BY TRAVEL ORDER ISSUED MAY 14, 1970. THE ORDER AUTHORIZED ROUND TRIP TRAVEL, NOT TO EXCEED 4 CALENDAR DAYS TO SEEK PERMANENT RESIDENCE AND INDICATED THAT A TRANSPORTATION AGREEMENT HAD BEEN SIGNED. YOUR DOUBT CONCERNING MR. ROWELL'S ENTITLEMENT TO REIMBURSEMENT FOR THE HOUSE HUNTING TRIP ARISES FROM THE FACT THAT THE TRAVEL IN QUESTION WAS PERFORMED PRIOR TO THE TIME THE EMPLOYEE SIGNED THE EMPLOYMENT AGREEMENT AND A TRAVEL AUTHORIZATION WAS ISSUED.

THE STATEMENT OF MR. ROWELL, WHICH WAS FORWARDED WITH THE VOUCHER, REFLECTS THAT HE REQUESTED ISSUANCE OF TRAVEL ORDERS PRIOR TO THE HOUSE HUNTING TRIP, BUT WAS TOLD BY A MEMBER OF THE STAFF IN THE CIVILIAN PERSONNEL OFFICE, FORT BENNING, THAT ORDERS WOULD BE ISSUED AFTER COMPLETION OF HIS HOUSE HUNTING TRIP AND HIS FURNISHING HIS NEW RESIDENCE. THIS STATEMENT HAS BEEN CONFIRMED BY THE CIVILIAN PERSONNEL OFFICE, FORT BENNING.

IT IS STATED THAT THE VOUCHER CANNOT BE PAID LOCALLY BECAUSE THE TRAVEL ORDER DOES NOT INDICATE THAT IT IS CONFIRMING PRIOR ORAL OR OTHER AUTHORITY AS REQUIRED BY PARAGRAPH C 2051 OF JOINT TRAVEL REGULATIONS, VOLUME 2. FURTHER, PARAGRAPH C 4107-8, JOINT TRAVEL REGULATIONS, VOLUME 2, STATES THAT THE HOUSE HUNTING TRIP WILL NOT BE MADE AT GOVERNMENT EXPENSE UNLESS THE TRAVEL ORDER INCLUDES THE DUTY REPORTING DATE AT THE NEW DUTY STATION AND INDICATES THAT THE EMPLOYEE HAS SIGNED THE REQUIRED AGREEMENT.

IN THIS CASE THE PERMANENT CHANGE OF STATION TRAVEL AUTHORIZATION WAS ISSUED THE SAME DAY THE EMPLOYEE RETURNED FROM HIS HOUSE HUNTING TRIP. MOREOVER, IT APPEARS THAT MR. ROWELL MAY BE REGARDED AS HAVING BEEN ORALLY AUTHORIZED TO MAKE THE HOUSE HUNTING TRIP IN CONNECTION WITH AN APPROVED TRANSFER TO MEMPHIS SINCE HE WAS INDUCED BY THE SAME PERSON WHO LATER SIGNED HIS ORDERS TO PERFORM THE TRAVEL WITHOUT ADVANCE WRITTEN TRAVEL ORDERS. ACCORDINGLY, AND AS THE REQUIRED EMPLOYMENT AGREEMENT HAS BEEN SIGNED, THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE PAID, IF OTHERWISE CORRECT.