B-130454, FEB. 21, 1957

B-130454: Feb 21, 1957

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YOUR CLAIM FOR $386.40 WAS DISALLOWED BY OUR SETTLEMENT OF DECEMBER 6. FOR THE REASON THAT SUCH TRANSPORTATION WAS NOT COMPLETED WITHIN THE TWO-YEAR TIME LIMIT IMPOSED BY SECTION 5 OF EXECUTIVE ORDER NO. 9805. AS WAS ADMINISTRATIVELY REPORTED. THE FACT THAT YOU WERE ALLEGEDLY MISINFORMED AS TO YOUR EXISTING RIGHTS IN THIS MATTER IS REGRETTABLE. THE QUOTED EXECUTIVE ORDER HAS THE FORCE AND EFFECT OF LAW AND NEITHER THE DEPARTMENT OF THE AIR FORCE NOR OUR OFFICE IS AUTHORIZED TO WAIVE OR DISREGARD ITS MANDATORY PROVISIONS. IS FOUND CORRECT AND IS HEREBY SUSTAINED.

B-130454, FEB. 21, 1957

TO MR. ROBERT C. STALEY:

YOUR LETTER OF DECEMBER 14, 1956, REQUESTS RECONSIDERATION OF OUR OFFICE SETTLEMENT OF DECEMBER 6, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED FOR THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS VIA MOTOR VAN FROM DALLAS, TEXAS, TO SAN ANTONIO, TEXAS, DURING APRIL 1956, WHILE AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.

THE ADMINISTRATIVE RECORD DISCLOSES THAT INCIDENT TO YOUR TRANSFER FROM DALLAS, TEXAS, TO SAN ANTONIO, TEXAS, YOU ENTERED UPON DUTY AT KELLY AIR FORCE BASE, TEXAS, AT 0800 HOURS, MONDAY, MARCH 1, 1954. YOU THEN WENT ON ANNUAL LEAVE ON MARCH 3, 4, AND 5, 1954.

THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS TO SAN ANTONIO DID NOT BEGIN UNTIL APRIL 5, 1956, OR APPROXIMATELY 25 MONTHS AFTER THE EFFECTIVE DATE OF YOUR TRANSFER. YOUR CLAIM FOR $386.40 WAS DISALLOWED BY OUR SETTLEMENT OF DECEMBER 6, 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 * * *.'

YOU CONTEND THAT YOU DID NOT REPORT TO YOUR NEW STATION ON MARCH 1, 1954, AS WAS ADMINISTRATIVELY REPORTED, BUT REPORTED SOME TIME SUBSEQUENT TO MARCH 19, 1954, THOUGH YOU ADMIT YOU CANNOT STATE SUCH DATE PRECISELY. HOWEVER, YOU MUST AGREE THAT IN THE ABSENCE OF CONCRETE EVIDENCE ON YOUR PART, WE MUST ACCEPT THE ADMINISTRATIVE REPORT AS TO YOUR ACTUAL REPORTING DATE AS FINAL. EVEN IF WE DID ACCEPT YOUR HYPOTHETICAL REPORTING DATE OF MARCH 22, 1954, TO BE CORRECT, THE INITIAL MOVEMENT (APRIL 5, 1956) OF YOUR HOUSEHOLD EFFECTS WOULD STILL BE AFTER THE TWO-YEAR TIME LIMITATION SET BY EXECUTIVE ORDER 9805.

THE FACT THAT YOU WERE ALLEGEDLY MISINFORMED AS TO YOUR EXISTING RIGHTS IN THIS MATTER IS REGRETTABLE. SUCH CIRCUMSTANCE, HOWEVER, AFFORDS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM. THE QUOTED EXECUTIVE ORDER HAS THE FORCE AND EFFECT OF LAW AND NEITHER THE DEPARTMENT OF THE AIR FORCE NOR OUR OFFICE IS AUTHORIZED TO WAIVE OR DISREGARD ITS MANDATORY PROVISIONS.

ACCORDINGLY, UPON REVIEW, THE SETTLEMENT OF DECEMBER 6, 1956, IS FOUND CORRECT AND IS HEREBY SUSTAINED.