B-127237, APR. 16, 1956

B-127237: Apr 16, 1956

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COFFIN: FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER REQUESTING REVIEW OF OUR SETTLEMENT DATED FEBRUARY 9. YOUR OFFICIAL STATION WAS CHANGED TO SAN FRANCISCO. YOU WERE AUTHORIZED TO TRANSPORT YOUR HOUSEHOLD EFFECTS TO YOUR NEW STATION IN ACCORDANCE WITH SECTION 1 (B) PUBLIC LAW 600 (ACT OF AUGUST 2. IT IS SHOWN THAT THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS. YOUR CLAIM FOR $194.77 WAS DISALLOWED BY THE SETTLEMENT OF FEBRUARY 9. FOR THE REASON THAT SUCH TRANSPORTATION WAS NOT COMPLETED WITHIN THE TWO-YEAR TIME LIMIT IMPOSED BY SECTION 5 OF EXECUTIVE ORDER NO. 9805. INFORMATION IS LACKING TO SHOW THE DATE OF YOUR ARRIVAL IN SAN FRANCISCO. SINCE YOUR ORDERS STATED THAT THE AUTHORIZED TRAVEL WAS TO BE PERFORMED BETWEEN JULY 20 AND AUGUST 20.

B-127237, APR. 16, 1956

TO MISS HELEN T. COFFIN:

FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER REQUESTING REVIEW OF OUR SETTLEMENT DATED FEBRUARY 9, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED FOR THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS VIA MOTOR VAN FROM CORPUS CHRISTI, TEXAS, TO SAN FRANCISCO, CALIFORNIA, DURING APRIL 1954, WHILE AN EMPLOYEE OF THE GEOLOGICAL SURVEY, DEPARTMENT OF THE INTERIOR.

THE RECORD DISCLOSES THAT INCIDENT TO A TRANSFER FROM THE DEPARTMENT OF AGRICULTURE, WASHINGTON, D.C., TO THE GEOLOGICAL SURVEY, DEPARTMENT OF THE INTERIOR, YOUR OFFICIAL STATION WAS CHANGED TO SAN FRANCISCO, CALIFORNIA. BY TRAVEL ORDERS DATED JULY 19, 1951, YOU WERE AUTHORIZED TO TRANSPORT YOUR HOUSEHOLD EFFECTS TO YOUR NEW STATION IN ACCORDANCE WITH SECTION 1 (B) PUBLIC LAW 600 (ACT OF AUGUST 2, 1946, 60 STAT. 807) AND THE REGULATIONS PROMULGATED PURSUANT THERETO.

IT IS SHOWN THAT THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS, WEIGHING 1,050 POUNDS, TO SAN FRANCISCO, CALIFORNIA, DID NOT BEGIN UNTIL MARCH 25, 1954, OR APPROXIMATELY 32 MONTHS SUBSEQUENT TO THE EFFECTIVE DATE OF YOUR TRANSFER. YOUR CLAIM FOR $194.77 WAS DISALLOWED BY THE SETTLEMENT OF FEBRUARY 9, 1956, FOR THE REASON THAT SUCH TRANSPORTATION WAS NOT COMPLETED WITHIN THE TWO-YEAR TIME LIMIT IMPOSED BY SECTION 5 OF EXECUTIVE ORDER NO. 9805, DATED NOVEMBER 25, 1946, WHICH READS, IN PERTINENT PART, AS FOLLOWS:

"TIME LIMIT. ALL TRAVEL AND TRANSPORTATION ALLOWABLE UNDER THESE REGULATIONS SHALL BEGIN WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF THE TRANSFER OF THE EMPLOYEE * * *.'

INFORMATION IS LACKING TO SHOW THE DATE OF YOUR ARRIVAL IN SAN FRANCISCO. HOWEVER, SINCE YOUR ORDERS STATED THAT THE AUTHORIZED TRAVEL WAS TO BE PERFORMED BETWEEN JULY 20 AND AUGUST 20, 1951, IT NOW APPEARS THAT THE TIME LIMIT PRESCRIBED BY THE QUOTED REGULATIONS EXPIRED DURING AUGUST 1953, OR WITHIN TWO YEARS FROM THE DATE YOU ACTUALLY REPORTED FOR DUTY AT THE NEWLY ASSIGNED STATION.

THE FACT THAT YOU WERE NOT APPRISED OF THE LAW AND EXISTING REGULATIONS, OR THAT YOU MAY HAVE BEEN MISINFORMED AS TO YOUR RIGHTS IN THE MATTER, IS REGRETTABLE. SUCH CIRCUMSTANCE, HOWEVER, AFFORDS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM. THE QUOTED REGULATION HAS THE FORCE AND EFFECT OF LAW AND NEITHER THE DEPARTMENT OF THE INTERIOR NOR THIS OFFICE IS AUTHORIZED TO WAIVE OR DISREGARD ITS MANDATORY PROVISIONS. ACCORDINGLY, UPON REVIEW, THE SETTLEMENT OF FEBRUARY 9, 1956, IS FOUND CORRECT AND MUST BE SUSTAINED.