B-138190, DEC 30, 1958

B-138190, DEC 30, 1958

PRECIS-UNAVAILABLE

MR. ARTHUR F. EDWARDS:

YOUR LETTER OF SEPTEMBER 8, 1958, ACKNOWLEDGED SEPTEMBER 24, REQUESTS REVIEW OF OUR SETTLEMENT DATED AUGUST 27, 1958, WHICH DISALLOWED YOUR CLAIM FOR EXPENSES INCURRED IN MOVING YOUR IMMEDIATE FAMILY AND HOUSEHOLD EFFECTS FROM COLUMBIA TO CHARLESTON, SOUTH CAROLINA, FOLLOWING YOUR RETIREMENT FROM THE POSTAL TRANSPORTATION SERVICE, POST OFFICE DEPARTMENT, EFFECTIVE APRIL 30, 1958.

FAVORABLE ACTION UPON YOUR CLAIM WAS NOT AND IS NOT POSSIBLE FOR THE REASON THAT NO LAW OR REGULATION PERMITS APPROPRIATED FUNDS TO BE USED FOR PERSONAL TRAVEL OR TRANSPORTATION NOT AUTHORIZED OR APPROVED AND NOT PERFORMED IN THE INTEREST OF THE GOVERNMENT SERVICE.

YOU EXPRESS THE VIEW THAT YOU SHOULD RECEIVE REIMBURSEMENT AS REQUESTED, BUT IN THE EVENT SUCH EXPENSES ARE NOT PAYABLE, YOU INQUIRE WHETHER YOU MIGHT BE ALLOWED PER DIEM DURING THE PERIOD THAT YOU PERFORMED OFFICIAL DUTY IN COLUMBIA.

OUR RECORD SHOWS THAT YOU WERE DIRECTED TO PROCEED FROM CHARLESTON TO COLUMBIA, SOUTH CAROLINA, FOR PERMANENT DUTY PURSUANT TO OFFICIAL ORDERS DATED JUNE 28, 1956. SHORTLY AFTER YOUR PERMANENT TRANSFER WAS EFFECTED, YOU AND YOUR FAMILY, AS WELL AS YOUR HOUSEHOLD GOODS AND EFFECTS WERE TRANSPORTED TO THE NEW PERMANENT STATION FROM COLUMBIA HEIGHTS, SOUTH CAROLINA, AT GOVERNMENT EXPENSE. THE ALLOWANCE OF SUCH TRANSPORTATION COSTS WAS IN ACCORD WITH THE PROVISIONS OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 807, AS AMENDED (5 U.S.C. A. 738-1), AND EXECUTIVE ORDER NO. 9805, AS AMENDED. HOWEVER, SECTION 4 OF THE ABOVE-CITED ACT SPECIFICALLY PRECLUDES PAYMENT IN ANY CASE WHERE THE TRAVEL OR TRANSPORTATION IS PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE INDIVIDUAL OR AT HIS REQUEST. WE ARE NOT AWARE OF ANY LAW OR REGULATION UNDER WHICH A FORMER FEDERAL EMPLOYEE MAY BE REIMBURSED FOR EXPENSES INCURRED IN CONNECTION WITH TRAVEL AND TRANSPORTATION FROM HIS LAST PERMANENT STATION TO A SELECTED LOCATION UPON RETIREMENT. IN VIEW THEREOF - IT APPEARING THAT YOU RETIRED FROM THE FEDERAL SERVICE ON APRIL 30, 1958, AND THEREAFTER INCURRED PERSONAL EXPENSES REFERRED TO HEREIN - NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM. THEREFORE THE SETTLEMENT OF AUGUST 27, 1958, MUST BE AND IS SUSTAINED.

REGARDING YOUR INQUIRY CONCERNING A PER DIEM ALLOWANCE DURING THE PERIOD YOU WERE OFFICIALLY STATIONED AT COLUMBIA, YOU ARE ADVISED THAT SINCE SECTION 6.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS SPECIFICALLY PROVIDES THAT PER DIEM WILL NOT BE ALLOWED AN EMPLOYEE EITHER AT HIS PERMANENT DUTY STATION OR AT HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION, WE, OF COURSE, ARE UNABLE TO AUTHORIZE PAYMENT OF PER DIEM TO YOU CONTRARY TO EXISTING REGULATIONS. OUR OFFICE HAS NO AUTHORITY TO WAIVE THE PROVISIONS OF VALID REGULATIONS WHICH HAVE THE FORCE AND EFFECT OF LAW.

ANY INFORMATION YOU MAY DESIRE CONCERNING FEDERAL CIVIL SERVICE RETIREMENT LAWS SHOULD BE ADDRESSED TO THE UNITED STATES CIVIL SERVICE COMMISSION, WASHINGTON 25, D. C., THE AGENCY VESTED WITH AUTHORITY TO ADMINISTER THE PROVISIONS THEREOF.

FOR YOUR INFORMATION, THE DECISIONS OF THE COMPTROLLER GENERAL CONCERNING CLAIMS AGAINST THE UNITED STATES ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT INVOLVED. HOWEVER, INDEPENDENTLY OF THE ACTION TAKEN BY OUR OFFICE ON A CLAIM THE COURT OF CLAIMS OF THE UNITED STATES HAS JURISDICTION TO CONSIDER AND DETERMINE CERTAIN CLAIMS AGAINST THE GOVERNMENT IF FILED THERE WITHIN SIX YEARS FROM THE DATE OF ACCRUAL OF THE CLAIM.