B-164940, AUGUST 28, 1968, 48 COMP. GEN. 119

B-164940, AUGUST 28, 1968, 48 COMP. GEN. 119

OFFICERS AND EMPLOYEES - TRANSFERS - RELOCATION EXPENSES - TEMPORARY QUARTERS - TIME LIMITATION AN EMPLOYEE WHO UNABLE TO LOCATE PERMANENT QUARTERS INCIDENT TO A CHANGE- OF-DUTY STATION WITHIN THE UNITED STATES, OCCUPIES TEMPORARY QUARTERS IN EXCESS OF THE 30 DAYS ALLOWABLE UNDER SECTION 2.5B (1) OF THE BUREAU OF THE BUDGET CIRCULAR NO. A-56 AND INCURS ADDITIONAL EXPENSES FOR THE SUBSEQUENT UNAUTHORIZED TRAVEL OF HIS WIFE TO THE NEW STATION IN A SECOND PRIVATELY OWNED AUTOMOBILE, MAY NOT BE PAID A TEMPORARY AND SUBSISTENCE ALLOWANCE FOR THE 60-DAY PERIOD PRESCRIBED BY SECTION 2.5B (2) FOR TRANSFERS OUTSIDE THE UNITED STATES, NOR PAID MORE THAN THE 8 CENTS PER MILE AUTHORIZED FOR THE TRAVEL OF THE EMPLOYEE AND HIS WIFE IN ONE AUTOMOBILE. EVEN IF THE ADDITIONAL AMOUNTS CLAIMED WERE ALLOWABLE, NO MISTAKE HAVING BEEN MADE IN THE PREPARATION OF THE EMPLOYEE'S TRAVEL ORDERS, THERE WOULD BE NO AUTHORITY TO AMEND THE ORDERS RETROACTIVELY.

TO M. J. WILLIAMS, DEPARTMENT OF THE ARMY, AUGUST 28, 1968:

THIS REFERS TO YOUR LETTER OF JULY 26, 1968, REFERENCE NCBDC-F, REQUESTING A DECISION AS TO THE PROPRIETY FOR THE PAYMENT OF 60 DAYS TEMPORARY SUBSISTENCE AND QUARTERS ALLOWANCE AND OF AMENDING THE TRAVEL AUTHORIZATION ISSUED INCIDENT TO THE PERMANENT CHANGE OF STATION TO ACCOMPLISH SUCH END. ALSO YOU REQUEST A DECISION CONCERNING THE PROPRIETY OF AND NECESSITY FOR AMENDING THE EMPLOYEE'S TRAVEL ORDERS SO AS TO SPECIFICALLY AUTHORIZE REIMBURSEMENT FOR THE USE OF A SECOND PRIVATELY OWNED AUTOMOBILE INCIDENT TO THE CHANGE-OF-STATION TRAVEL.

TRAVEL AUTHORIZATION DATED JUNE 14, 1968, AUTHORIZED THE TRANSFER OF MR. WARREN CHOWNING FROM FORT POLK, LOUISIANA, TO BUFFALO, NEW YORK. AUTHORIZED IN HIS ORDERS, MR. CHOWNING, UNACCOMPANIED BY HIS WIFE, MADE A HOUSE HUNTING TRIP TO BUFFALO BETWEEN JUNE 16 AND 23, 1968, BUT WAS UNABLE TO OBTAIN SUITABLE QUARTERS. ON JUNE 26, 1968, MR. CHOWNING, WITHOUT DEPENDENT, TRANSFERRED TO BUFFALO AND ENTERED INTO A TEMPORARY QUARTERS AND SUBSISTENCE STATUS AS OF 6 P.M. JUNE 29, 1968. ON JULY 13, 1968, MR. CHOWNING ENTERED INTO A CONTRACT TO PURCHASE A HOUSE BUT BECAUSE OF CERTAIN DIFFICULTIES COULD NOT TAKE POSSESSION UNTIL EARLY SEPTEMBER 1968.

THE TRAVEL AUTHORIZATION CONTAINED THE FOLLOWING NOTATION UNDER THE HEADING 15. REMARKS: "ALL OTHER BENEFITS AS AUTHORIZED IN VOL NO. II OF JTR, APPENDIX A, CHANGE 19 DATED 12-01-66.' THE EMPLOYEE CONTENDS THAT UNDER THAT AUTHORIZATION HE WOULD BE ENTITLED TO 60 DAYS TEMPORARY QUARTERS AND SUBSISTENCE ALLOWANCE PLUS REIMBURSEMENT OF MILEAGE FOR THE USE OF A SECOND AUTOMOBILE BY HIS WIFE IN TRAVELING TO THE NEW DUTY STATION INCIDENT TO THE TRANSFER.

SUBSECTIONS 2.5B (1) AND (2) OF BUREAU OF THE BUDGET CIRCULAR NO. A 56, REVISED OCTOBER 12, 1966, PERTAINING TO SUBSISTENCE EXPENSES OF THE EMPLOYEE AND HIS IMMEDIATE FAMILY WHILE OCCUPYING TEMPORARY QUARTERS WHEN AN EMPLOYEE IS TRANSFERRED TO A NEW OFFICIAL STATION, PROVIDE AS FOLLOWS:

(1) SUBSISTENCE EXPENSES OF THE EMPLOYEE, FOR WHOM A PERMANENT CHANGE OF STATION IS AUTHORIZED OR APPROVED, AND EACH MEMBER OF HIS IMMEDIATE FAMILY (DEFINED IN SUBSECTION 1.2D), FOR A PERIOD OF NOT MORE THAN 30DAYS WHILE NECESSARILY OCCUPYING TEMPORARY QUARTERS SHALL BE ALLOWED WHEN THE NEW OFFICIAL STATION IS LOCATED IN THE 50 STATES, THE DISTRICT OF COLUMBIA, UNITED STATES TERRITORIES AND POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO AND THE CANAL ZONE, PROVIDED A WRITTEN AGREEMENT AS REQUIRED IN SUBSECTION 1.3C IS SIGNED IN CONNECTION WITH SUCH TRANSFER.

(2) SUCH EXPENSES AS PROVIDED IN (1) ABOVE MAY BE ALLOWED FOR A PERIOD OF NOT TO EXCEED AN ADDITIONAL 30 DAYS WHILE OCCUPYING TEMPORARY QUARTERS WHEN THE EMPLOYEE IS TRANSFERRED EITHER TO OR FROM HAWAII, ALASKA, THE TERRITORIES AND POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO, AND THE CANAL ZONE TO THE EXTENT DETERMINED TO BE NECESSARY.

UNDER THE CLEAR WORDING OF THE ABOVE-QUOTED REGULATIONS, AN EXTENSION OF THE ALLOWANCE FOR AN ADDITIONAL PERIOD OF UP TO 30 DAYS OCCUPANCY OF TEMPORARY QUARTERS MAY BE GRANTED ONLY WHEN THE OLD OR NEW OFFICIAL STATION IS LOCATED IN HAWAII, ALASKA, THE TERRITORIES AND POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO OR THE CANAL ZONE. SINCE BOTH THE OLD AND NEW OFFICIAL STATIONS OF MR. CHOWNING WERE LOCATED WITHIN THE 48 CONTIGUOUS STATES, HE COULD NOT LAWFULLY BE GRANTED THE ALLOWANCE FOR ANY PERIOD IN EXCESS OF 30 DAYS.

CONCERNING REIMBURSEMENT FOR THE USE OF A SECOND AUTOMOBILE, SUBSECTIONS 2.3B AND D PROVIDE AS FOLLOWS:

B. USE OF NO MORE THAN ONE PRIVATELY OWNED AUTOMOBILE IS AUTHORIZED UNDER THIS SUBSECTION AS BEING ADVANTAGEOUS TO THE GOVERNMENT IN CONNECTION WITH PERMANENT CHANGE OF STATION TRAVEL EXCEPT UNDER THE FOLLOWING SPECIAL CIRCUMSTANCES, WHEN USE OF MORE THAN ONE PRIVATELY OWNED AUTOMOBILE MAY BE AUTHORIZED:

(1) IF THERE ARE MORE MEMBERS OF THE IMMEDIATE FAMILY THAN REASONABLY CAN BE TRANSPORTED, TOGETHER WITH LUGGAGE, IN ONE VEHICLE,

(2) IF BECAUSE OF AGE OR PHYSICAL CONDITION SPECIAL ACCOMMODATIONS ARE NECESSARY IN TRANSPORTING A MEMBER OF THE IMMEDIATE FAMILY IN ONE VEHICLE, AND A SECOND AUTOMOBILE IS REQUIRED FOR TRAVEL OF OTHER MEMBERS OF THE IMMEDIATE FAMILY,

(3) IF AN EMPLOYEE MUST REPORT TO A NEW OFFICIAL STATION IN ADVANCE OF TRAVEL BY MEMBERS OF THE IMMEDIATE FAMILY WHO DELAY TRAVEL FOR ACCEPTABLE REASONS, SUCH AS COMPLETION OF SCHOOL TERM; SALE OF PROPERTY; SETTLEMENT OF PERSONAL BUSINESS AFFAIRS; DISPOSAL OR SHIPMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS; AND TEMPORARY UNAVAILABILITY OF ADEQUATE HOUSING AT THE NEW OFFICIAL STATIONS,

(4) IF A MEMBER OF IMMEDIATE FAMILY PERFORMS UNACCOMPANIED TRAVEL BETWEEN AUTHORIZED POINTS OTHER THAN THOSE FOR THE EMPLOYEE'S TRAVEL. D. IF THE USE OF MORE THAN ONE PRIVATELY OWNED AUTOMOBILE IS NOT JUSTIFIED UNDER THE CIRCUMSTANCES DESCRIBED IN SUBSECTION 2.3B, ONLY THE ALLOWANCES PRESCRIBED IN SUBSECTION 2.3A SHALL BE PAID, AS IF ALL PERSONS INVOLVED TRAVELED IN ONE AUTOMOBILE.

NOTHING IN THE INFORMATION TRANSMITTED HERE SHOWS THAT THE CASE OF MR. CHOWNING MET ANY OF THE CONDITIONS SET FORTH IN SECTION 2.3B, QUOTED ABOVE, JUSTIFYING THE USE OF A SECOND AUTOMOBILE IN PERFORMING THE TRAVEL OR THAT IT WAS ADMINISTRATIVELY INTENDED THAT HE BE REIMBURSED MILEAGE FOR SUCH USE. ON THE CONTRARY, SECTION 11 OF THE TRAVEL AUTHORIZATION PROVIDED FOR THE USE OF A PRIVATELY OWNED VEHICLE AT THE RATE OF 8 CENTS PER MILE. SECTION 2.3A (1) OF CIRCULAR NO. A 56 PROVIDES THAT WHEN AN EMPLOYEE AND ONE MEMBER OF HIS IMMEDIATE FAMILY TRAVEL TOGETHER ON A PERMANENT CHANGE OF STATION THE EMPLOYEE IS ENTITLED TO REIMBURSEMENT OF 8 CENTS PER MILE. MOREOVER, SUBSECTION D OF SUCH SECTION LIMITS REIMBURSEMENT TO THAT WHICH WOULD BE PAYABLE UNDER SUBSECTION A AS IF THE EMPLOYE'S WIFE HAD TRAVELED WITH HIM IN THE ONE AUTOMOBILE.

IN ADDITION TO THE FACT THAT THE CONTROLLING REGULATIONS DO NOT PERMIT ALLOWING THE EMPLOYEE ANY GREATER AMOUNT FOR SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS OR ANY ADDITIONAL MILEAGE REIMBURSEMENT IT ALSO IS WELL ESTABLISHED THAT TRAVEL ORDERS MAY NOT BE MODIFIED RETROACTIVELY SO AS TO INCREASE OR DECREASE THE RIGHTS WHICH HAVE BECOME FIXED UNDER THE APPLICABLE STATUTES OR REGULATIONS UNLESS AN ERROR IS APPARENT ON THE FACE OF THE ORDER AND ALL FACTS AND CIRCUMSTANCES CLEARLY DEMONSTRATE THAT SOME PROVISION PREVIOUSLY DETERMINED AND DEFINITELY INTENDED HAS BEEN OMITTED THROUGH ERROR OR INADVERTENCE IN PREPARING THE ORDERS. 23 COMP. GEN. 713; 24 ID. 439. NO SUCH EVIDENCE OF ERROR IS APPARENT.

ACCORDINGLY, THERE IS NO AUTHORITY EITHER TO AMEND THE TRAVEL AUTHORIZATION RETROACTIVELY OR TO AUTHORIZE PAYMENT OF ANY PART OF THE ADDITIONAL AMOUNTS CLAIMED.