B-137263, SEP 15, 1958

B-137263, SEP 15, 1958

PRECIS-UNAVAILABLE

MR. R. J. WALTER, JR.:

ON AUGUST 29, 1958, THE CHIEF, DIVISION OF PROGRAM COORDINATION AND FINANCE (REFERENCE 370), FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF AUGUST 14, 1958, WITH ENCLOSURES, YOUR FILE NO. 7-365, IN WHICH YOU REQUEST OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER FOR $267.43 REPRESENTING THE COMMITED ALLOWANCE FOR EXPENSES INCURRED IN THE MOVEMENT OF HOUSEHOLD EFFECTS INCIDENT TO AN OFFICIAL CHANGE OF HEADQUARTERS.

BY TRAVEL AUTHORIZATION DATED JULY 12, 1955, THE EMPLOYEE'S HEADQUARTERS WAS CHANGED FROM SUPERIOR, NEBRASKA, TO SCANDIA, KANSAS. THE RECORD INDICATES THE EMPLOYEE REPORTED TO THE NEW OFFICIAL STATION FOR DUTY IN JULY 1955. WHILE IT IS NOTED THAT ITEM 19 OF THE TRAVEL AUTHORIZATION WITH RESPECT TO THE SHIPMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS WAS LEFT BLANK YOUR LETTER OF AUGUST 14 STATES THAT ITEM 19 OF THE TRAVEL AUTHORIZATION SHOULD HAVE BEEN CHECKED TO CONFORM TO THE NOTIFICATION OF PERSONNEL ACTION DATED JULY 12, 1955, WHICH AUTHORIZED THE EXPENSE OF TRAVEL AND TRANSPORTATION EXPENSES OF IMMEDIATE FAMILY AND HOUSEHOLD GOODS IN ACCORDANCE WITH REGULATIONS.

IT IS SHOWN THAT THE MOVEMENT OF THE EMPLOYEE'S HOUSEHOLD EFFECTS, WEIGHING 6,000 POUNDS, TO BELLEVILLE, KANSAS, DID NOT BEGIN UNTIL MAY 30, 1958, OR APPROXIMATELY 34 MONTHS SUBSEQUENT TO HIS ARRIVAL AT THE NEW STATION FOR DUTY - THE EFFECTIVE DATE OF HIS TRANSFER. THE EMPLOYEE STATED THAT HE COULD NOT MOVE HIS HOUSEHOLD EFFECTS TO HIS HEADQUARTERS AT SCANDIA PRIOR TO THE MOVEMENT OF MAY 30, BECAUSE HE COULD FIND NO RESIDENCE THERE FIT FOR HUMAN HABITATION.

SECTION 5 OF EXECUTIVE ORDER NO. 9805, AS AMENDED, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"SEC. 5. 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 ***."

SINCE THE TRAVEL AUTHORIZATION STATES THAT TRAVEL WAS TO BEGIN ON OR ABOUT JULY 12, 1955, AND IT APPEARS THAT THE EMPLOYEE REPORTED FOR DUTY AT THE NEW STATION IN JULY 1955 THE TIME LIMIT PRESCRIBED BY THE REGULATION EXPIRED DURING JULY 1957. THE REGULATION HAS THE FORCE AND EFFECT OF LAW AND OUR OFFICE HAS NO AUTHORITY TO WAIVE OR DISREGARD ITS MANDATORY PROVISIONS. THEREFORE, SINCE THE TRANSPORTATION OF THE HOUSEHOLD EFFECTS BEGAN MORE THAN TWO YEARS AFTER THE EMPLOYEE ENTERED UPON DUTY AT HIS NEW OFFICIAL STATION, NO AUTHORITY EXISTS FOR THE MOVEMENT OF HIS HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE.

ACCORDINGLY, THE VOUCHER, WHICH TOGETHER WITH RELATED PAPERS IS RETURNED, MAY NOT BE CERTIFIED FOR PAYMENT.