B-144411, DEC. 16, 1960

B-144411: Dec 16, 1960

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REQUESTS OUR DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON THE TRANSMITTED RECLAIM VOUCHER. CARPENTER WAS AUTHORIZED TRANSPORTATION OF HOUSEHOLD EFFECTS FROM ENNIS. TO REMAIN IN THE GOVERNMENT SERVICE FOR A PERIOD OF 12 MONTHS FOLLOWING HIS APPOINTMENT WAS INCLUDED ON THE TRAVEL ORDER DATED JUNE 6. THE DATE OF HIS APPOINTMENT TO THE GOVERNMENT SERVICE WAS JULY 26. WERE SHIPPED FROM MONTEVIDEO. THE RECORD INDICATES THAT BOTH THE DATE OF SHIPMENT AND THE DATE OF THE TRAVEL ORDER WERE PRIOR TO MR. WAS ADMINISTRATIVELY DISALLOWED. THE RECORD SUPPORTS THE VIEW THAT THE EFFECTS WERE SHIPPED IN ANTICIPATION OF THE ISSUANCE OF TRAVEL ORDERS. THAT THE INDIVIDUAL INQUIRED ABOUT OR WAS INFORMED CONCERNING THE EFFECT OF THE DATE OF HIS MARRIAGE ON HIS RIGHT TO SHIPMENT OF ADDITIONAL EFFECTS.

B-144411, DEC. 16, 1960

TO MR. M. SMALLWOOD, DISBURSING OFFICER, U.S. NAVAL ORDNANCE LABORATORY:

YOUR LETTER OF NOVEMBER 2, 1960, REFERENCE 14:MSS:MM 4650 SER 1469, REQUESTS OUR DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON THE TRANSMITTED RECLAIM VOUCHER, COVERING REIMBURSEMENT CLAIMED BY MR. EDWARD J. CARPENTER FOR THE SHIPMENT OF HOUSEHOLD EFFECTS INCIDENT TO HIS APPOINTMENT AS AN EMPLOYEE OF THE U.S. NAVAL ORDNANCE LABORATORY, CORONA, CALIFORNIA.

BY TRAVEL ORDER T-2459, DATED JUNE 6, 1960, ISSUED PURSUANT TO 5 U.S.C. 73B-3 (B), AUTHORIZING ALLOWANCE OF TRAVEL AND TRANSPORTATION EXPENSES TO FIRST DUTY STATION IN THE UNITED STATES TO PERSONS APPOINTED TO CERTAIN SCIENTIFIC AND PROFESSIONAL POSITIONS, MR. CARPENTER WAS AUTHORIZED TRANSPORTATION OF HOUSEHOLD EFFECTS FROM ENNIS, MONTANA, TO CORONA, CALIFORNIA, HIS FIRST DUTY STATION. ALSO, MR. CARPENTER'S AGREEMENT DATED MAY 26, 1960, TO REMAIN IN THE GOVERNMENT SERVICE FOR A PERIOD OF 12 MONTHS FOLLOWING HIS APPOINTMENT WAS INCLUDED ON THE TRAVEL ORDER DATED JUNE 6, 1960. THE DATE OF HIS APPOINTMENT TO THE GOVERNMENT SERVICE WAS JULY 26, 1960. HOUSEHOLD EFFECTS WEIGHING 1,215 POUNDS, WERE SHIPPED FROM MONTEVIDEO, MINNESOTA, ON JUNE 3, 1960, BY HIS FIANCEE. THE SHIPMENT INCLUDED BOTH HIS EFFECTS (325 (POUNDS) AND THOSE OF HIS FIANCEE (890 POUNDS). THE RECORD INDICATES THAT BOTH THE DATE OF SHIPMENT AND THE DATE OF THE TRAVEL ORDER WERE PRIOR TO MR. CARPENTER'S MARRIAGE. REIMBURSEMENT FOR THE COST OF THE SHIPMENT, THEREFORE, WAS ADMINISTRATIVELY DISALLOWED.

THE RECORD SUPPORTS THE VIEW THAT THE EFFECTS WERE SHIPPED IN ANTICIPATION OF THE ISSUANCE OF TRAVEL ORDERS. WE FIND NO INDICATION, HOWEVER, THAT THE INDIVIDUAL INQUIRED ABOUT OR WAS INFORMED CONCERNING THE EFFECT OF THE DATE OF HIS MARRIAGE ON HIS RIGHT TO SHIPMENT OF ADDITIONAL EFFECTS.

THE STATUTE AUTHORIZES PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES "WHETHER THE PERSON SELECTED FOR APPOINTMENT HAS BEEN APPOINTED OR NOT AT THE TIME OF SUCH TRAVEL.' UPON SELECTION FOR APPOINTMENT, SHIPMENT OF EFFECTS, AND THE ISSUANCE OF TRAVEL ORDERS, THE RIGHTS OF THE PARTIES INCIDENT TO TRANSPORTATION OF THE EFFECTS BECAME FIXED THERE BEING NO EVIDENCE SHOWING A LATER DATE WAS SPECIFIED FOR BEGINNING COMPLIANCE WITH THE ORDER. WE MUST CONCLUDE, THEREFORE, THAT THE SUBSEQUENT MARRIAGE DID NOT ALTER HIS RIGHTS IN THAT REGARD. CF. 26 COMP. GEN. 293. IT FOLLOWS THAT OF THE 1,215 POUNDS FOR WHICH RECLAIM IS MADE ALLOWANCE AT THE PROPER RATE MAY BE MADE, UPON THE PRESENT RECORD, ONLY FOR THE 325 POUNDS ACTUALLY OWNED BY MR. CARPENTER.

WE NOTE, HOWEVER, THAT THE RECORD INDICATES THE EMPLOYEE TRAVELED TO HIS FIRST DUTY STATION DURING THE PERIOD JULY 20 TO 22, 1960. AS TO WHETHER, WITHIN HIS DISCRETION, THE EMPLOYEE UNDERTOOK THE TRAVEL AT THE TIME OR PROCEEDED UNDER INSTRUCTIONS IS NOT APPARENT FROM THE EVIDENCE BEFORE US. MOREOVER, THERE IS NO SHOWING OF RECORD HERE AS TO WHETHER THE EMPLOYEE'S MARRIAGE OCCURRED PRIOR OR SUBSEQUENT TO HIS TRAVEL. CLARIFICATION OF THESE MATTERS MAY PRESENT FACTS WHICH WOULD WARRANT FURTHER CONSIDERATION OF THE DISALLOWED ITEM.

THE VOUCHER, TOGETHER WITH RELATED PAPERS, IS RETURNED HEREWITH FOR DISPOSITION IN ACCORDANCE WITH THE FOREGOING HOLDING.