B-148137, MARCH 6, 1962, 41 COMP. GEN. 582

B-148137: Mar 6, 1962

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TRANSPORTATION - DEPENDENTS - TEMPORARY STATION SUBSEQUENTLY MADE PERMANENT IN THE ABSENCE OF EVIDENCE THAT AN EMPLOYEE WHO WAS ASSIGNED TO TEMPORARY DUTY AT AN OVERSEAS STATION AT WHICH HIS DEPENDENTS JOINTED HIM HAD BEEN INFORMED AT THE TIME OF THE DEPENDENTS' TRAVEL THAT HIS HEADQUARTERS WOULD BE CHANGED TO THE OVERSEAS STATION OR THAT ANY ADMINISTRATIVE DETERMINATION FOR TRANSFER HAD BEEN MADE AT THAT TIME. YOUR DOUBT ARISES BECAUSE THE TRAVEL WAS PERFORMED AT THE EMPLOYEE'S EXPENSE WHILE HE WAS PERFORMING TEMPORARY DUTY IN MAUI. BEFORE IT WAS KNOWN THAT HIS OFFICIAL STATION WOULD BE TRANSFERRED TO THAT PLACE FROM BOULDER. THAT ROUND TRIP TICKETS WERE PURCHASED FOR THE TRANSPORTATION OF HIS FAMILY TO HAWAII.

B-148137, MARCH 6, 1962, 41 COMP. GEN. 582

TRANSPORTATION - DEPENDENTS - TEMPORARY STATION SUBSEQUENTLY MADE PERMANENT IN THE ABSENCE OF EVIDENCE THAT AN EMPLOYEE WHO WAS ASSIGNED TO TEMPORARY DUTY AT AN OVERSEAS STATION AT WHICH HIS DEPENDENTS JOINTED HIM HAD BEEN INFORMED AT THE TIME OF THE DEPENDENTS' TRAVEL THAT HIS HEADQUARTERS WOULD BE CHANGED TO THE OVERSEAS STATION OR THAT ANY ADMINISTRATIVE DETERMINATION FOR TRANSFER HAD BEEN MADE AT THAT TIME, THE TRAVEL OF THE DEPENDENTS MAY NOT BE CONSIDERED AS ANTICIPATORY TRAVEL UNDER EXECUTIVE ORDER NO. 9805, TO ENTITLE THE EMPLOYEE TO REIMBURSEMENT FOR THE TRANSPORTATION OF DEPENDENTS UPON THE SUBSEQUENT ISSUANCE OF THE TRANSFER ORDER, BUT MUST BE REGARDED AS TRAVEL AT THE PERSONAL EXPENSE OF THE EMPLOYEE.

TO MATILDA UDOFF, DEPARTMENT OF COMMERCE, MARCH 6, 1962:

YOUR LETTER OF FEBRUARY 2, 1962, REFERENCE 40.04, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER TRANSMITTED THEREWITH PROPOSING REIMBURSEMENT OF $450.77 TO MR. HERBERT M. MANN, AN EMPLOYEE OF THE NATIONAL BUREAU OF STANDARDS, REPRESENTING THE COST OF TRANSPORTATION OF HIS WIFE AND TWO CHILDREN FROM ROLLINSVILLE, COLORADO, TO MAUI, HAWAII, IN MAY 1961.

YOUR DOUBT ARISES BECAUSE THE TRAVEL WAS PERFORMED AT THE EMPLOYEE'S EXPENSE WHILE HE WAS PERFORMING TEMPORARY DUTY IN MAUI, HAWAII, AND BEFORE IT WAS KNOWN THAT HIS OFFICIAL STATION WOULD BE TRANSFERRED TO THAT PLACE FROM BOULDER, COLORADO. WE NOTE, IN THAT REGARD, THAT ROUND TRIP TICKETS WERE PURCHASED FOR THE TRANSPORTATION OF HIS FAMILY TO HAWAII. THE TRANSFER ORDER WAS ISSUED AUGUST 25, 1961.

PURSUANT TO THE PROVISIONS OF EXECUTIVE ORDER NO. 9805, AS AMENDED, COVERING TRAVELING EXPENSES INCURRED INCIDENT TO A TRANSFER OF STATION, REIMBURSEMENT OF THE TRANSPORTATION EXPENSES OF AN EMPLOYEE'S IMMEDIATE FAMILY FOR ANTICIPATORY TRAVEL PERFORMED BY THEM HAS BEEN AUTHORIZED IN THOSE INSTANCES WHEN IT WAS SHOWN THAT THE TRAVEL ORDER SUBSEQUENTLY ISSUED TO THE EMPLOYEE INCLUDED AUTHORIZATION FOR THEIR TRANSPORTATION ON THE BASIS OF A PREVIOUSLY EXISTING ADMINISTRATIVE INTENTION, CLEARLY EVIDENT AT THE TIME THE EXPENSES WERE INCURRED BY THE EMPLOYEE, TO TRANSFER THE EMPLOYEE'S HEADQUARTERS. SEE 29 COMP. GEN. 293, ID. 232; 27 ID. 7. IN THIS CASE, HOWEVER, THE RECORD FAILS TO DISCLOSE THE EMPLOYEE HAD BEEN INFORMED OF A PROPOSED CHANGE OF HEADQUARTERS AT THE TIME HIS FAMILY TRAVELED TO HAWAII OR THAT ANY ADMINISTRATIVE DETERMINATION IN THAT REGARD HAD BEEN MADE AT THAT TIME. CONSEQUENTLY, THE TRAVEL PERFORMED BY MR. MANN'S DEPENDENTS, NOT BEING INCIDENT TO HIS CHANGE OF STATION ORDERS MUST BE HELD TO BE A PERSONAL EXPENSE FOR WHICH REIMBURSEMENT IS NOT AUTHORIZED.

THEREFORE, THE VOUCHER, WHICH IS RETURNED, MAY NOT BE CERTIFIED FOR PAYMENT.