B-165042, OCT. 29, 1968

B-165042, OCT. 29, 1968

TO MR. ARNOLD J. GLAZ:

THIS REFERS TO YOUR REGISTERED LETTER NO. 4064, DATED SEPTEMBER 22, 1968, REQUESTING RECONSIDERATION OF OUR OFFICE SETTLEMENT OF SEPTEMBER 11, 1968, WHICH DISALLOWED YOUR CLAIM FOR TRANSPORTATION OF YOUR DEPENDENTS TO HONOLULU, HAWAII, AND FOR MOVEMENT AND TEMPORARY STORAGE OF HOUSEHOLD GOODS.

THE INFORMATION OF RECORD SHOWS THAT WHILE SERVING UNDER A 2-YEAR REEMPLOYMENT AGREEMENT AT WAKE ISLAND, SIGNED BY YOU ON SEPTEMBER 19, 1966, YOU RETURNED TO THE UNITED STATES AT PERSONAL EXPENSE IN DECEMBER 1967 AND WERE MARRIED JANUARY 3, 1968. PREVIOUSLY UNDER TRAVEL ORDER NO. 7-T-AWK-105 DATED SEPTEMBER 19, 1966, YOU HAD TRAVELED AT GOVERNMENT EXPENSE TO THE UNITED STATES FOR THE PURPOSE OF TAKING LEAVE PRIOR TO SERVING ANOTHER TOUR OF DUTY OVERSEAS. THE TRAVEL ORDER AUTHORIZED YOUR TRAVEL AND THAT OF YOUR DEPENDENTS FROM WAKE ISLAND TO CLEVELAND, OHIO, AND RETURN. YOU SAY THAT IN 1966 YOU WERE MARRIED AND HAD THREE DEPENDENTS. THERE IS NOTHING IN THE RECORD TO SHOW WHETHER YOUR WIFE AND DEPENDENTS AT THAT TIME ACTUALLY WERE IN WAKE ISLAND AND ACCOMPANIED YOU WHEN YOU TRAVELED BETWEEN WAKE ISLAND AND THE UNITED STATES IN 1966 FOR THE PURPOSE OF TAKING HOME LEAVE. HOWEVER, WE ASSUME THAT SUCH WAS NOT THE CASE SINCE NO DEPENDENTS WERE LISTED ON THE ORDER OF SEPTEMBER 19, 1966. THAT ORDER WAS AMENDED FEBRUARY 28, 1968, BY TRAVEL AUTHORIZATION 7 -T-AWK-105.1 TO AUTHORIZE TRAVEL OF YOUR NEW WIFE AND TWO STEPSONS AND SHIPMENT OF AN ESTIMATED WEIGHT OF 1,000 POUNDS OF HOUSEHOLD GOODS FROM CLEVELAND, OHIO, PLACE OF ACTUAL RESIDENCE.

THE TRAVEL VOUCHER SIGNED BY YOU MAKES CLAIM FOR THE COST OF THREE AIR ECONOMY TICKETS FROM PHILADELPHIA, PENNSYLVANIA, TO HONOLULU, HAWAII. THERE IS A NOTATION THEREON WHICH READS AS FOLLOWS: "DOLLAR DIFFERENCE DUE TO TRAVEL INITIATED AT OTHER THAN CLEVELAND, OHIO, EMPLOYEES ACTUAL RESIDENCE, WILL BE BORNE BY EMPLOYEE IF DEEMED ADVANTAGEOUS TO THE GOVERNMENT.' ON THE TRAVEL VOUCHER THERE IS ALSO A CLAIM FOR $161.68 REPRESENTING THE COST OF PACKING, TWO MONTHS' STORAGE, INSURANCE, AND MOVING INTO STORAGE OF HOUSEHOLD EFFECTS IN WILMINGTON, DELAWARE. THE RECORD ALSO SHOWS THAT THERE WAS SHIPPED ON GOVERNMENT BILL OF LADING NO. D-5013377 DATED MARCH 4, 1968, FROM WILMINGTON, DELAWARE, 2,675 POUNDS OF HOUSEHOLD EFFECTS.

THE PROVISIONS OF 5 U.S.C. 5721-5732 CONCERN AMONG OTHER THINGS REIMBURSEMENT FOR TRAVEL AND TRANSPORTATION EXPENSES OF EMPLOYEES AND THEIR IMMEDIATE FAMILIES IN TRAVELING TO AND FROM OVERSEAS POSTS PLUS EXPENSES OF STORAGE OR TRANSPORTATION OF HOUSEHOLD EFFECTS. THE AUTHORITY OF THE PRESIDENT TO ISSUE REGULATIONS THEREUNDER HAS BEEN DELEGATED TO THE BUREAU OF THE BUDGET. THE REGULATIONS OF THAT AGENCY PERTAINING TO THE MATTER AT THE TIME YOU SIGNED THE REQUIRED TRANSPORTATION AGREEMENT OF SEPTEMBER 19, 1966, WERE CONTAINED IN CIRCULAR NO. A-56, EFFECTIVE JUNE 1, 1962. SECTION 1.2D OF THOSE REGULATIONS PROVIDED IN PART AS FOLLOWS:

"-IMMEDIATE FAMILY- MEANS ANY OF THE FOLLOWING-NAMED MEMBERS OF THE EMPLOYEE'S HOUSEHOLD: SPOUSE, CHILDREN (INCLUDING STEPCHILDREN AND ADOPTED CHILDREN) * * *.' OUR VIEW IS THAT THE TERM ,MEMBERS OF THE EMPLOYEE'S HOUSEHOLD" AS USED THEREIN REFERS TO A MEMBER OF THE EMPLOYEE'S HOUSEHOLD AT THE TIME OF HIS TRANSFER TO A NEW DUTY STATION OR AT THE TIME OF TRAVEL FOR HOME LEAVE OR SEPARATION. THAT VIEW IS SUPPORTED BY THE REVISION OF SECTION 1.2D OF CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, WHICH PROVIDES IN PART AS FOLLOWS:

"-IMMEDIATE FAMILY- MEANS ANY OF THE FOLLOWING NAMED MEMBERS OF THE EMPLOYEE'S HOUSEHOLD AT THE TIME HE REPORTS FOR DUTY AT HIS NEW PERMANENT DUTY STATION OR PERFORMS AUTHORIZED OR APPROVED HOME LEAVE OR SEPARATION TRAVEL: SPOUSE, CHILDREN (INCLUDING STEPCHILDREN AND ADOPTED CHILDREN) * *

SINCE YOUR WIFE WHOM YOU MARRIED ON JANUARY 3, 1968, AND THE STEPSONS YOU ACQUIRED AT THE SAME TIME WERE NOT MEMBERS OF YOUR "HOUSEHOLD" AT THE TIME YOU PERFORMED YOUR HOME LEAVE TRAVEL UNDER YOUR TRAVEL ORDER DATED SEPTEMBER 19, 1966, THERE IS NO AUTHORITY TO REIMBURSE YOU FOR THE TRAVEL IN QUESTION REGARDLESS OF THE RETROACTIVE AMENDMENT OF YOUR ORDERS PURPORTING TO AUTHORIZE THE SAME.

CONCERNING YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF PACKING, CRATING, MOVING INTO STORAGE, AND STORAGE OF HOUSEHOLD EFFECTS, WE HAVE HELD THAT THE RESPONSIBILITY OF THE GOVERNMENT FOR THE SHIPMENT OF HOUSEHOLD EFFECTS INCLUDING THE COST OF PACKING, CRATING, MOVING INTO STORAGE, AND STORAGE IS LIMITED TO THOSE EFFECTS OWNED BY THE EMPLOYEE ON THE EFFECTIVE DATE OF HIS TRANSFER OR TRAVEL FOR HOME LEAVE OR SEPARATION AS THE CASE MIGHT BE. 24 COMP. GEN. 69; 27 ID. 171.

IN THE ABSENCE OF EVIDENCE TO SHOW THAT THE HOUSEHOLD EFFECTS WERE OWNED BY YOU IN 1966 AT THE TIME YOU RETURNED TO THE UNITED STATES FOR HOME LEAVE, REIMBURSEMENT FOR TRANSPORTATION, PACKING, MOVING INTO STORAGE AND STORAGE OF HOUSEHOLD EFFECTS IS NOT AUTHORIZED. WE NOTE THAT THE COST OF TRANSPORTATION OF THE HOUSEHOLD EFFECTS HAS ALREADY BEEN PAID BY THE GOVERNMENT. A COPY OF THIS DECISION IS BEING SENT TO THE FEDERAL AVIATION ADMINISTRATION.