B-168614, OCT. 21, 1970
Highlights
NO REIMBURSEMENT IS POSSIBLE. PRESENT FACTS AND CIRCUMSTANCES WHICH ARE SUBSTANTIALLY THE SAME AS THOSE DISCUSSED IN THE THIRD AND FOURTH PARAGRAPHS OF OUR DECISION OF JANUARY 14. ADDRESSED BY YOU TO A FOREST SERVICE OFFICIAL IT IS INDICATED THAT WHEN YOU LEFT YOUR OLD OFFICIAL STATION YOU HAD PLANS TO TAKE LEAVE AND THEN PROCEED ON TO YOUR NEW OFFICIAL STATION WITHOUT A RETURN TO THE OLD STATION. SINCE WE DO NOT HAVE COPIES OF THE VOUCHERS ON WHICH YOU WERE PAID RELOCATION EXPENSES WE CANNOT DETERMINE WHETHER YOU MADE A ROUND-TRIP HOUSE HUNTING TRIP FROM YOUR VACATION POINT OR WHETHER YOU PROCEEDED ON TO YOUR NEW OFFICIAL STATION. IT MAY BE THAT YOU WOULD NOT BE ENTITLED TO SUCH EXPENSES EVEN IF YOU WERE ABLE TO ESTABLISH THAT A HOUSE HUNTING TRIP WAS VERBALLY AUTHORIZED IN ADVANCE.
B-168614, OCT. 21, 1970
TRANSFER - INCIDENTAL EXPENSES - HOUSE HUNTING SUSTAINING DENIAL OF CLAIM FOR EXPENSES OF A HOUSE-HUNTING TRIP INCURRED INCIDENT TO TRANSFER OF OFFICIAL STATION. NO NEW EVIDENCE HAS BEEN FURNISHED TO UPSET PRIOR DECISION HOLDING THAT WITHOUT PRIOR ORAL OR WRITTEN AUTHORIZATION BY PROPER OFFICIAL FOR THE TRIP, NO REIMBURSEMENT IS POSSIBLE.
TO MR. LAWRENCE C. HENK:
YOUR LETTER OF JUNE 24, 1970, IN EFFECT, WITH ENCLOSURES, REQUESTS THAT WE RECONSIDER OUR OFFICE DECISION B-168614 DATED JANUARY 14, 1970, CONCERNING YOUR CLAIM OF $181.84 ON A TRAVEL VOUCHER AS EXPENSES OF YOUR HOUSE HUNTING TRIP ON JUNE 15 TO 20, 1969, WITHOUT WRITTEN AUTHORIZATION BY THE REGIONAL FORESTER OR THE REGIONAL FISCAL AGENT EMPOWERED TO AUTHORIZE SUCH A TRIP INCIDENT TO THE TRANSFER OF YOUR OFFICIAL STATION FROM CHIPPEWA NATIONAL FOREST, MINNESOTA, TO SHAWNEE NATIONAL FOREST, ILLINOIS.
THE LETTER OF JUNE 24, 1970, AND ENCLOSURES, PRESENT FACTS AND CIRCUMSTANCES WHICH ARE SUBSTANTIALLY THE SAME AS THOSE DISCUSSED IN THE THIRD AND FOURTH PARAGRAPHS OF OUR DECISION OF JANUARY 14, 1970, ADDRESSED TO THE CERTIFYING OFFICER OF THE FOREST SERVICE, EASTERN REGION, CONCERNING THE ABOVE $181.84. IN THAT DECISION WE POINTED OUT THAT NO EVIDENCE HAD BEEN FURNISHED OF EITHER A PRIOR VERBAL OR WRITTEN AUTHORIZATION FOR THE HOUSE HUNTING TRIP BY A PROPER OFFICIAL.
WE NOTE THAT IN A COPY OF A LETTER DATED MARCH 20, 1970, ADDRESSED BY YOU TO A FOREST SERVICE OFFICIAL IT IS INDICATED THAT WHEN YOU LEFT YOUR OLD OFFICIAL STATION YOU HAD PLANS TO TAKE LEAVE AND THEN PROCEED ON TO YOUR NEW OFFICIAL STATION WITHOUT A RETURN TO THE OLD STATION. ALSO, IN YOUR LETTER OF JUNE 24, 1970, YOU MENTION THE EXPENDITURE OF $268.81 FOR PLANE TICKETS AS PART OF THE HOUSE HUNTING EXPENSES. SINCE WE DO NOT HAVE COPIES OF THE VOUCHERS ON WHICH YOU WERE PAID RELOCATION EXPENSES WE CANNOT DETERMINE WHETHER YOU MADE A ROUND-TRIP HOUSE HUNTING TRIP FROM YOUR VACATION POINT OR WHETHER YOU PROCEEDED ON TO YOUR NEW OFFICIAL STATION. IF THE LATTER, IT MAY BE THAT YOU WOULD NOT BE ENTITLED TO SUCH EXPENSES EVEN IF YOU WERE ABLE TO ESTABLISH THAT A HOUSE HUNTING TRIP WAS VERBALLY AUTHORIZED IN ADVANCE. OF COURSE, IN THAT EVENT PERHAPS AN ADDITIONAL ENTITLEMENT WOULD ARISE IN CONNECTION WITH THE TEMPORARY SUBSISTENCE ALLOWANCE AS AUTHORIZED BY THE APPLICABLE STATUTE AND REGULATIONS.
ON THE BASIS OF THE PRESENT RECORD WE MUST SUSTAIN OUR PRIOR ACTION IN YOUR CASE.