B-145304, APR. 27, 1961

B-145304: Apr 27, 1961

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REPRESENTING THE COST OF TRANSPORTATION OF HOUSEHOLD EFFECTS CLAIM FOR WHICH WAS ADMINISTRATIVELY DISALLOWED. BRAZINSHY WAS APPOINTED AND ENTERED ON DUTY AT THE LEWIS RESEARCH CENTER. HIS APPOINTMENT WAS TO A POSITION DESIGNATED BY THE CIVIL SERVICE COMMISSION AS HARD TO GET AND HE QUALIFIED FOR TRANSPORTATION OF HIMSELF. BRAZINSKY WAS OFFERED AN APPOINTMENT ON FEBRUARY 27. THE ITEMS WERE REQUIRED TO BE OBTAINED FROM THE FACTORY. HIS RECLAIM IS FOR TRANSPORTATION OF THESE ITEMS. THE SERVICE AGREEMENT REQUIRED BY PUBLIC LAW 85-749 AND THE TRAVEL AND TRANSPORTATION AUTHORIZATION WERE NOT EXECUTED IN THIS INSTANCE UNTIL AFTER ENTRANCE ON DUTY AND SHIPMENT OF THE EFFECTS. IN EFFECT AT THE TIME THE TRAVEL WAS PERFORMED.

B-145304, APR. 27, 1961

TO AUTHORIZED CERTIFYING OFFICER, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION:

YOUR LETTER OF MARCH 9, 1961, REFERENCE BFF, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE RECLAIM VOUCHER THEREWITH TRANSMITTED PROPOSING PAYMENT OF $70.61 TO MR. IRVING BRAZINSKY, REPRESENTING THE COST OF TRANSPORTATION OF HOUSEHOLD EFFECTS CLAIM FOR WHICH WAS ADMINISTRATIVELY DISALLOWED.

THE INFORMATION FURNISHED SHOWS THAT MR. BRAZINSHY WAS APPOINTED AND ENTERED ON DUTY AT THE LEWIS RESEARCH CENTER, CLEVELAND, OHIO, ON NOVEMBER 16, 1959. HIS APPOINTMENT WAS TO A POSITION DESIGNATED BY THE CIVIL SERVICE COMMISSION AS HARD TO GET AND HE QUALIFIED FOR TRANSPORTATION OF HIMSELF, HIS WIFE, AND HIS HOUSEHOLD GOODS TO HIS FIRST DUTY STATION IN ACCORDANCE WITH THE PROVISIONS OF PUBLIC LAW 85 749, DATED AUGUST 25, 1958, AND TITLE X OF EXECUTIVE ORDER NO. 9805, AS AMENDED. MR. BRAZINSKY WAS OFFERED AN APPOINTMENT ON FEBRUARY 27, 1959, AND HE ACCEPTED THE APPOINTMENT ON MAY 27, 1959, WHILE RESIDING IN BETHLEHEM, PENNSYLVANIA. ON NOVEMBER 11, 1959, JUST PRIOR TO HIS REPORTING FOR DUTY MR. BRAZINSKY PURCHASED ADDITIONAL FURNITURE IN NEW YORK. THE ITEMS WERE REQUIRED TO BE OBTAINED FROM THE FACTORY, AND HE AGREED THAT THEY COULD BE SHIPPED TO HIM FROM THE FACTORY SITE, MT. HE AGREED THAT THEY COULD BE SHIPPED TO HIM FROM THE FACTORY SITE, MT. AIRY, NORTH CAROLINA, TO HIS PLACE OF DUTY IN CLEVELAND, OHIO. MR. BRAZINSKY HAS BEEN PAID FOR SHIPMENT OF HIS HOUSEHOLD GOODS EXCEPT THOSE ACQUIRED ON NOVEMBER 11, 1959, AND HIS RECLAIM IS FOR TRANSPORTATION OF THESE ITEMS. THE SERVICE AGREEMENT REQUIRED BY PUBLIC LAW 85-749 AND THE TRAVEL AND TRANSPORTATION AUTHORIZATION WERE NOT EXECUTED IN THIS INSTANCE UNTIL AFTER ENTRANCE ON DUTY AND SHIPMENT OF THE EFFECTS.

TITLE X OF EXECUTIVE ORDER NO. 9805, AS ADDED BY BUREAU OF THE BUDGET CIRCULAR NO. A-37, TRANSMITTAL MEMORANDUM NO. 2, DATED DECEMBER 9, 1958, IN EFFECT AT THE TIME THE TRAVEL WAS PERFORMED, AND AUTHORIZING TRAVEL AND TRANSPORTATION EXPENSES INCIDENT TO ACCEPTANCE OF CERTAIN POSITIONS DETERMINED BY THE CIVIL SERVICE COMMISSION TO BE IN A MANPOWER SHORTAGE CATEGORY, PROVIDES IN PART AS FOLLOWS:

"TITLE X - TRAVEL AND TRANSPORTATION EXPENSES OF APPOINTEES TO CERTAIN TECHNICAL POSITIONS.

"SECTION 34. PAYMENT OF EXPENSES.

"/A) TYPES. THE ACT PROVIDES THAT APPROPRIATIONS FOR THE DEPARTMENTS SHALL BE AVAILABLE FOR EXPENSES * * * TRANSPORTATION OF THEIR HOUSEHOLD GOODS AND PERSONAL EFFECTS, ALL FROM THEIR PLACES OF ACTUAL RESIDENCE AT TIME OF SELECTION FOR APPOINTMENT TO THEIR FIRST PERMANENT DUTY STATION; * * *. PAYMENT MAY BE MADE REGARDLESS OF WHETHER THE APPOINTMENT ACTUALLY HAS BEEN MADE WHEN THE EXPENSES ARE INCURRED.

"/1) WHERE THE PLACE OF ACTUAL RESIDENCE AT TIME OF SELECTION AND THE PLACE OF FIRST PERMANENT DUTY STATION ARE BOTH LOCATED IN THE CONTINENTAL UNITED STATES, BUT NOT IN ALASKA, THE EXPENSES SHALL BE ALLOWED IN THE MANNER PRESCRIBED IN TITLES I (EXCLUDING SECTIONS 4 AND 5), II, AND IX.'

WHILE IT IS NOT SPECIFICALLY SO STATED, WE ASSUME THE EMPLOYEE DID NOT BEGIN HIS TRAVEL UNTIL AFTER ACQUIRING THE FURNITURE IN NEW YORK ON NOVEMBER 11, 1959. THUS, WHILE THE EFFECTS WERE ACQUIRED SUBSEQUENT TO THE ACCEPTANCE OF THE POSITION THEY WERE ACQUIRED PRIOR TO HIS BEGINNING OF THE TRAVEL AND ENTRANCE ON DUTY; HENCE, THEY WERE NOT ACQUIRED EN ROUTE WITHIN THE MEANING OF THE PROHIBITORY PROVISIONS OF E.O. 9805. NO TRAVEL ORDER HAD BEEN ISSUED AT THE TIME BE ACQUIRED THE EFFECTS AND THE DATE OF ENTRANCE ON DUTY APPARENTLY WAS NOT SPECIFIED. IN THE CIRCUMSTANCES, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE PROPER.