B-149072, AUG. 20, 1962

B-149072: Aug 20, 1962

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

OF HOUSEHOLD GOODS WERE AUTHORIZED "IN ACCORDANCE WITH EXISTING ORDERS AND REGULATIONS.'. THE GOODS WERE SHIPPED TO CATOCTIN ON FEBRUARY 9. THAT WHEN HE WENT ON LEAVE FROM BIG BEND HE WAS ON "THE LATERAL TRANSFER LIST" AND WAS TOLD HE WOULD PROBABLY BE REASSIGNED IMMEDIATELY UPON HIS RETURNING FROM LEAVE. IN CERTAIN INSTANCES WE HAVE AUTHORIZED REIMBURSEMENT UNDER EXECUTIVE ORDER NO. 9805. IN THOSE SITUATIONS IN WHICH IT WAS SHOWN THAT THE TRAVEL OR TRANSFER ORDER SUBSEQUENTLY ISSUED INCLUDED AUTHORIZATION FOR THE TRAVEL AND TRANSPORTATION ON THE BASIS OF A PREVIOUSLY EXISTING ADMINISTRATIVE INTENTION. CLEARLY EVIDENT AT THE TIME THE EXPENSES WERE INCURRED. NEITHER THE FACTS IN THERECORD PRESENTED NOR THOSE INFORMALLY ELICITED ESTABLISH THAT THE SHIPMENT OF THE EMPLOYEE'S HOUSEHOLD EFFECTS FROM THE LAST STATION TO AN INTERIM POINT DURING EXTENDED LEAVE WAS MADE AS AN INCIDENT OF A DEFINITELY CONTEMPLATED CHANGE OF STATION LATER BECOMING AN ACCOMPLISHED FACT.

B-149072, AUG. 20, 1962

TO MR. FLOYD P. HOUGH, AUTHORIZED CERTIFYING OFFICER NATIONAL PARK SERVICE, REGION SIX:

ON JUNE 1, 1962, YOU REQUESTED OUR DECISION CONCERNING THE CLAIM OF MR. DUNCAN R. BURCHARD FOR REIMBURSEMENT FOR THE TRANSPORTATION OF HIS HOUSEHOLD EFFECTS IN AN AMOUNT EQUIVALENT TO THAT FOR A MOVE FROM BIG BEND NATIONAL PARK, TEXAS, TO CATOCTIN MOUNTAIN PARK, THURMONT, MARYLAND. THE CLAIM STEMS FROM A CHANGE OF OFFICIAL STATION FROM BIG BEND TO CATOCTIN EFFECTIVE FEBRUARY 11, 1962, IN CONNECTION WITH WHICH, ACCORDING TO NOTIFICATION OF PERSONNEL ACTION DATED JANUARY 31, 1962, THE EXPENSE OF THE PACKING, CRATING, SHIPPING, ETC., OF HOUSEHOLD GOODS WERE AUTHORIZED "IN ACCORDANCE WITH EXISTING ORDERS AND REGULATIONS.'

DOUBT IN THE MATTER ARISES FROM THE FACT THAT IN SEPTEMBER 1961 THE EMPLOYEE HAD GONE TO BALTIMORE, MARYLAND, IN A LEAVE WITHOUT PAY STATUS FOR EDUCATIONAL PURPOSES AND HAD MOVED HIS HOUSEHOLD GOODS FROM BIG BEND TO THE LATTER PLACE AT A COST OF $566.10 FOR 3,300 POUNDS. THE GOODS WERE SHIPPED TO CATOCTIN ON FEBRUARY 9, 1962, AT A COST OF $139.25 FOR 3,530 POUNDS, AND THE EMPLOYEE REPORTED FOR DUTY ON FEBRUARY 11. THE EMPLOYEE SAYS IN A MEMORANDUM DATED MAY 7, 1962, THAT WHEN HE WENT ON LEAVE FROM BIG BEND HE WAS ON "THE LATERAL TRANSFER LIST" AND WAS TOLD HE WOULD PROBABLY BE REASSIGNED IMMEDIATELY UPON HIS RETURNING FROM LEAVE. YOU INFORMALLY ADVISED US THAT THE TRANSFER TO CATOCTIN RESULTED FROM THE EMPLOYEE'S INQUIRY SOMETIME IN JANUARY 1962 ABOUT POSSIBLE VACANCIES IN YOUR REGION. AS WE UNDERSTAND IT, NO DECISION, TENTATIVE OR OTHERWISE, CONCERNING THE EMPLOYEE'S TRANSFER HAD PREVIOUSLY BEEN REACHED.

IN CERTAIN INSTANCES WE HAVE AUTHORIZED REIMBURSEMENT UNDER EXECUTIVE ORDER NO. 9805, AS AMENDED (SUPERSEDED EFFECTIVE JUNE 1, 1962, BY BUREAU OF THE BUDGET CIRCULAR NO. A-56), FOR TRAVEL AND TRANSPORTATION EXPENSES OF DEPENDENTS AND HOUSEHOLD EFFECTS INCURRED IN ANTICIPATION OF A CHANGE OF STATION; NAMELY, IN THOSE SITUATIONS IN WHICH IT WAS SHOWN THAT THE TRAVEL OR TRANSFER ORDER SUBSEQUENTLY ISSUED INCLUDED AUTHORIZATION FOR THE TRAVEL AND TRANSPORTATION ON THE BASIS OF A PREVIOUSLY EXISTING ADMINISTRATIVE INTENTION, CLEARLY EVIDENT AT THE TIME THE EXPENSES WERE INCURRED, TO TRANSFER THE EMPLOYEE'S HEADQUARTERS. 29 COMP. GEN. 293; ID. 232; 27 ID. 97. IN THIS CASE, HOWEVER, NEITHER THE FACTS IN THERECORD PRESENTED NOR THOSE INFORMALLY ELICITED ESTABLISH THAT THE SHIPMENT OF THE EMPLOYEE'S HOUSEHOLD EFFECTS FROM THE LAST STATION TO AN INTERIM POINT DURING EXTENDED LEAVE WAS MADE AS AN INCIDENT OF A DEFINITELY CONTEMPLATED CHANGE OF STATION LATER BECOMING AN ACCOMPLISHED FACT. CONSEQUENTLY, ON THE PRESENT RECORD, THE COSTS INCURRED BY MR. BURCHARD FOR THE SHIPMENT OF HIS HOUSEHOLD EFFECTS FROM BIG BEND TO BALTIMORE MUST BE REGARDED AS A PERSONAL EXPENSE AND AS NOT FORMING THE BASIS FOR REIMBURSEMENT AS FOR A MOVE FROM BIG BEND TO CATOCTIN. CF. B-148137, MARCH 6, 1962, 41 COMP. GEN. - .

UNDER SECTION 8 OF EXECUTIVE ORDER NO. 9805, AS AMENDED, REIMBURSEMENT IS ALLOWABLE WHEN THE SHIPMENT ORIGINATES AT A POINT OTHER THAN THE LAST STATION, SO LONG AS THE COST TO THE GOVERNMENT DOES NOT EXCEED THE COST OF SHIPMENT IN ONE LOT BY THE MOST ECONOMICAL ROUTE FROM THE LAST STATION TO THE NEW. IN VIEW THEREOF, AND SINCE THE SHIPMENT FROM BALTIMORE TO CATOCTIN WAS MADE AFTER THE ISSUANCE OF THE NOTIFICATION OF THE CHANGE OF STATION, YOU MAY CERTIFY A VOUCHER, IF OTHERWISE CORRECT, COVERING PAYMENT ON A COMMUTED BASIS FOR THE SHIPMENT BETWEEN THOSE POINTS.