B-120292, SEP. 1, 1955

B-120292, SEP. 1, 1955

TO MRS. GEORGE LESIKAR:

THE CIVIL SERVICE COMMISSION HAS REFERRED TO US FOR REPLY YOUR LETTER OF JUNE 5, 1955, RELATING TO THE CLAIM OF YOUR HUSBAND, GEORGE LESIKAR, FOR EXPENSES FOR TRAVEL OF HIMSELF AND FAMILY, AND FOR THE TRANSPORTATION OF 9180 POUNDS OF HOUSEHOLD EFFECTS FROM SAN ANTONIO TO FORT WORTH, TEXAS, INCIDENT TO HIS APPOINTMENT AS AN ELECTRICAL ENGINEER, HEADQUARTERS, EIGHTH AIR FORCE, CARSWELL AIR FORCE BASE, FORT WORTH, TEXAS, DURING JANUARY 1952.

YOUR HUSBAND'S CLAIM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED FEBRUARY 18, 1954, FOR THE REASON THAT THE DEPARTMENT OF THE AIR FORCE HAD MADE A DETERMINATION THAT THE APPOINTMENT WAS NOT FOR THE CONVENIENCE OF THE GOVERNMENT.

THE RECORD DISCLOSES THAT YOUR HUSBAND WAS SEPARATED FROM HIS CIVILIAN POSITION WITH THE PUBLIC WORKS DEPARTMENT, NAVAL AIR STATION, CORPUSCHRISTI, TEXAS, EFFECTIVE JANUARY 6, 1952, TO ACCEPT AN INDEFINITE APPOINTMENT WITH THE CARSWELL AIR BASE AT FORT WORTH, TEXAS, EFFECTIVE JANUARY 7, 1952. BY PERSONNEL ACTION DATED FEBRUARY 8, 1952, THE CHANGE OF DUTY STATION WAS DESIGNATED A TRANSFER. WE NOTE THAT YOUR HUSBAND'S APPOINTMENT WAS EFFECTED AFTER THE FOURTEENTH CIVIL SERVICE REGIONAL OFFICE AT DALLAS, TEXAS, HAD CERTIFIED HIS NAME TO THE CIVILIAN PERSONNEL OFFICE AT THE CARSWELL AIR FORCE BASE FOR AN INTERVIEW. THE ADMINISTRATIVE REPORT, WHICH RECOMMENDS THAT THE CLAIM BE NOT APPROVED FOR PAYMENT, STATES THAT THE "APPOINTMENT AGREEMENT WITH MR. LESIKAR, AT THE TIME OF INTERVIEW, DID NOT STIPULATE TRANSFER AT GOVERNMENT EXPENSE," THAT NO ORDERS ISSUED DIRECTING THE TRAVEL AND TRANSPORTATION HERE IN QUESTION; AND THAT "HIS APPOINTMENT WAS NOT CONSIDERED FOR THE CONVENIENCE OF THE GOVERNMENT.' MOREOVER, THE ADMINISTRATIVE OFFICE STATES THAT RETROACTIVE OR CONFIRMATORY PERMANENT CHANGE OF STATION ORDERS ARE PROHIBITED BY SECTION 2, CHAPTER AFT11.2, AIR FORCE MANUAL 40-1, DATED MARCH 16, 1951, WHICH READS AS FOLLOWS:

"2. AUTHORIZATION IN WRITING. ALL TRAVEL WILL BE REQUESTED AND AUTHORIZED IN WRITING. THIS AUTHORIZATION ALSO WILL BE IN ADVANCE EXCEPT WHERE AN EMERGENCY PRECLUDES ADVANCE ISSUANCE OF TEMPORARY DUTY TRAVEL ORDERS; CONFIRMATORY TRAVEL ORDERS MUST BE ISSUED AS PROMPTLY AS POSSIBLE. RETROACTIVE OR CONFIRMATORY PERMANENT CHANGE OF STATION ORDERS ARE PROHIBITED.'

SECTION 1 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 806, AS AMENDED, AND THE REGULATIONS PROMULGATED PURSUANT THERETO (EXECUTIVE ORDER NO. 9805, AS AMENDED) SPECIFICALLY PROVIDE THAT THE PAYMENT OF EXPENSES FOR TRAVEL AND TRANSPORTATION ON TRANSFER OF PERMANENT DUTY STATION ARE ALLOWABLE WHEN ADMINISTRATIVELY AUTHORIZED OR APPROVED. THE LAW PROHIBITS THE PAYMENT OF SUCH EXPENSES IN ANY CASE WHERE THE TRANSFER IS MADE "PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE OFFICER OR EMPLOYEE AT HIS REQUEST.'

IN THE ABSENCE OF AN ADMINISTRATIVE AUTHORIZATION OR APPROVAL, AS REQUIRED BY THE STATUTE, FAVORABLE CONSIDERATION OF YOUR HUSBAND'S CLAIM MAY NOT BE GIVEN BY OUR OFFICE.

COPIES OF THE FOLLOWING DOCUMENTS FILED IN THIS CASE ARE TRANSMITTED FOR YOUR INFORMATION:

APPLICATION FOR TRANSPORTATION OF HOUSEHOLD GOODS

STATE CERTIFICATE OF WEIGHTS AND MEASURES ..END :