B-128219, JUN. 29, 1956

B-128219: Jun 29, 1956

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THE ADMINISTRATIVE EXPLANATION FURNISHED IS THAT THE TRANSFER WAS MADE BECAUSE OF THE TRANSFER OF A FUNCTION IN CONNECTION WITH WHICH HE WAS EMPLOYED WHICH FUNCTION INVOLVED CERTIFYING VOUCHERS FOR PAYMENT IN THE SAN DIEGO AREA. LESTER'S DUTIES WERE TO REVIEW THE VOUCHERS FOR SUFFICIENCY. LESTER WAS QUALIFIED TO FILL AND ACCORDINGLY HIS ASSIGNMENT WAS CHANGED TO THAT POSITION. HE WAS NOT GIVEN NOTICE OF THE REASSIGNMENT UNTIL AFTER HIS ARRIVAL IN WASHINGTON. WAS PERFORMED IN GOOD FAITH. RESIGNATION WAS. LESTER WAS ON DUTY IN WASHINGTON. IF THE EMPLOYEE WAS ON DUTY IN WASHINGTON. WHICH IS RETURNED HEREWITH. IF HE WAS NOT ON DUTY AT LEAST ONE OF THESE TWO DAYS THE CASE WOULD BE GOVERNED BY OUR DECISION IN 32 COMP.

B-128219, JUN. 29, 1956

TO MR. H. R. DUCKETT, AUTHORIZED CERTIFYING OFFICER, HOUSING AND HOME FINANCE AGENCY:

YOUR LETTER OF JUNE 8, 1956, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH ENCLOSED IN FAVOR OF THOMAS C. LESTER FOR $171.88 FOR REIMBURSEMENT OF TRANSPORTATION EXPENSES AND PER DIEM IN LIEU OF SUBSISTENCE IN CONNECTION WITH TRAVEL PERFORMED FROM SAN DIEGO, CALIFORNIA, TO WASHINGTON, D.C., UNDER ORDERS DATED MARCH 7, 1956, INVOLVING THE TRANSFER OF OFFICIAL HEADQUARTERS FROM SAN DIEGO, CALIFORNIA, TO WASHINGTON, D.C.

THE EMPLOYEE LEFT SAN DIEGO, APRIL 7, 1956, BY PRIVATELY OWNED AUTOMOBILE AND ARRIVED AT WASHINGTON, D.C., 4:30 P.M. APRIL 20, 1956 (FRIDAY/--- HE HAVING TAKEN SEVERAL DAYS' ANNUAL LEAVE EN ROUTE. YOU SAY THAT HE RESIGNED ON APRIL 24, 1956, THE DAY AFTER HE FIRST REPORTED FOR DUTY IN WASHINGTON, D.C. THE ADMINISTRATIVE EXPLANATION FURNISHED IS THAT THE TRANSFER WAS MADE BECAUSE OF THE TRANSFER OF A FUNCTION IN CONNECTION WITH WHICH HE WAS EMPLOYED WHICH FUNCTION INVOLVED CERTIFYING VOUCHERS FOR PAYMENT IN THE SAN DIEGO AREA, AND MR. LESTER'S DUTIES WERE TO REVIEW THE VOUCHERS FOR SUFFICIENCY; THAT A VACANCY OCCURRED IN A POSITION OF FISCAL ACCOUNTING CLERK IN THE SAME CLASSIFIED GRADE WHICH MR. LESTER WAS QUALIFIED TO FILL AND ACCORDINGLY HIS ASSIGNMENT WAS CHANGED TO THAT POSITION, BUT HE WAS NOT GIVEN NOTICE OF THE REASSIGNMENT UNTIL AFTER HIS ARRIVAL IN WASHINGTON, D.C. THE CLAIMANT SUBMITS THE FOLLOWING EXPLANATION CONCERNING HIS RESIGNATION:

"THE TRAVEL, HOWEVER, WAS PERFORMED IN GOOD FAITH, IN THE BELIEF THAT MY DUTIES IN THE CENTRAL OFFICE WOULD BE THE SAME AS IN THE SAN DIEGO OFFICE, AND IN THE ASSUMPTION THAT LIVING CONDITIONS IN WASHINGTON WOULD BE COMPARABLE TO THOSE HERE IN SAN DIEGO.

"I DID NOT RECEIVE A COPY OF THE PERSONNEL ACTION COVERING REASSIGNMENT AND CHANGE OF HEADQUARTERS UNTIL 4-24-56, THE DAY I RESIGNED. EXTENSIVE INVESTIGATION OVER THE WEEK END BEFORE REPORTING FOR DUTY REVEALED THE CONGESTION, THE RAPIDLY CHANGING NATURE OF THE DISTRICT AND OF THE SCHOOLS, AND THE CONSIDERABLY HIGHER LIVING COSTS, AND I FELT THAT I COULD NOT, IN ANY DEGREE OF FAIRNESS, REMOVE MY FAMILY FROM SAN DIEGO. RESIGNATION WAS, THEREFORE, THE ONLY ALTERNATIVE.'

IT WOULD APPEAR FROM THE RECORD THAT MR. LESTER WAS ON DUTY IN WASHINGTON, APRIL 23 AND 24, 1956. IF THAT BE CORRECT HIS TRAVEL ORDERS HAD BEEN COMPLIED WITH, AND HE WOULD BE ENTITLED TO BE REIMBURSED FOR TRANSPORTATION EXPENSES INCURRED IN PURSUANCE OF THAT ORDER, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE, AS AUTHORIZED THEREIN. ACCORDINGLY, IF THE EMPLOYEE WAS ON DUTY IN WASHINGTON, APRIL 23 AND 24, 1956, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT. HOWEVER, IF HE WAS NOT ON DUTY AT LEAST ONE OF THESE TWO DAYS THE CASE WOULD BE GOVERNED BY OUR DECISION IN 32 COMP. GEN. 280, UNDER WHICH CERTIFICATION OF THE VOUCHER WOULD NOT BE AUTHORIZED.