B-149681, AUG. 20, 1962

B-149681: Aug 20, 1962

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YOUR CLAIM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT OF JULY 31. BECAUSE YOUR TRAVEL AND THE TRANSPORTATION AT GOVERNMENT EXPENSE WAS NEITHER AUTHORIZED NOR APPROVED. YOUR LETTER POINTS OUT THAT ADMINISTRATIVE APPROVAL OF THE TRAVEL AND TRANSPORTATION EXPENSES REFERRED TO IS WITHHELD BECAUSE OF AN ADMINISTRATIVE DOUBT WHETHER YOUR CHANGE IN EMPLOYMENT WAS IN FACT A TRANSFER OR WAS A SEPARATION BY RESIGNATION AND A REEMPLOYMENT AND YOU SAY THAT THE CASE WAS REFERRED FOR THAT REASON TO THE GENERAL ACCOUNTING OFFICE FOR THE NECESSARY DETERMINATION AND SETTLEMENT. IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER. DEPARTMENT OF STATE) SHALL BE ALLOWED OR PAID FROM GOVERNMENT FUNDS WHERE THE TRANSFER IS MADE PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE OFFICER OR EMPLOYEE OR AT HIS REQUEST: * * *.'.

B-149681, AUG. 20, 1962

TO MR. FRANCIS H. JOYCE:

YOUR LETTER OF AUGUST 3, 1962, REQUESTS RECONSIDERATION OF YOUR CLAIM FOR TRAVEL EXPENSES, INCLUDING REIMBURSEMENT FOR THE COST OF TRANSPORTING YOUR HOUSEHOLD EFFECTS, INCIDENT TO YOUR CHANGE IN EMPLOYMENT FROM THE DEPARTMENT OF THE AIR FORCE, MATHER AIR FORCE BASE, CALIFORNIA, TO THE OFFICE TO THE INSPECTOR GENERAL, DEPARTMENT OF THE ARMY, WASHINGTON, D.C. YOUR CLAIM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT OF JULY 31, 1962, BECAUSE YOUR TRAVEL AND THE TRANSPORTATION AT GOVERNMENT EXPENSE WAS NEITHER AUTHORIZED NOR APPROVED.

YOUR LETTER POINTS OUT THAT ADMINISTRATIVE APPROVAL OF THE TRAVEL AND TRANSPORTATION EXPENSES REFERRED TO IS WITHHELD BECAUSE OF AN ADMINISTRATIVE DOUBT WHETHER YOUR CHANGE IN EMPLOYMENT WAS IN FACT A TRANSFER OR WAS A SEPARATION BY RESIGNATION AND A REEMPLOYMENT AND YOU SAY THAT THE CASE WAS REFERRED FOR THAT REASON TO THE GENERAL ACCOUNTING OFFICE FOR THE NECESSARY DETERMINATION AND SETTLEMENT.

SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-1, READS IN PART, AS FOLLOWS:

"/A) UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, ANY CIVILIAN OFFICER OR EMPLOYEE OF THE GOVERNMENT WHO, IN THE INTEREST OF THE GOVERNMENT, IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER, INCLUDING TRANSFER FROM ONE DEPARTMENT TO ANOTHER, FOR PERMANENT DUTY, SHALL, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, WHEN AUTHORIZED OR APPROVED BY SUCH SUBORDINATE OFFICIAL OR OFFICIALS OF THE DEPARTMENT CONCERNED AS THE HEAD THEREOF MAY DESIGNATE FOR THE PURPOSE, BE ALLOWED AND PAID FROM GOVERNMENT FUNDS THE EXPENSES OF TRAVEL OF HIMSELF AND THE EXPENSES OF TRANSPORTATION OF HIS IMMEDIATE FAMILY (OR A COMMUTATION THEREOF IN ACCORDANCE WITH SECTION 73A OF THIS TITLE) AND THE EXPENSES OF TRANSPORTATION, PACKING, CRATING, TEMPORARY STORAGE, DRAYAGE, AND UNPACKING OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS (NOT TO EXCEED SEVEN THOUSAND POUNDS NET WEIGHT): * * * PROVIDED FURTHER, THAT NO PART OF SUCH EXPENSES (INCLUDING THOSE OF OFFICERS AND EMPLOYEES OF THE FOREIGN SERVICE, DEPARTMENT OF STATE) SHALL BE ALLOWED OR PAID FROM GOVERNMENT FUNDS WHERE THE TRANSFER IS MADE PRIMARILY FOR THE CONVENIENCE OR BENEFIT OF THE OFFICER OR EMPLOYEE OR AT HIS REQUEST: * * *.'

THE FACTS REPORTED IN YOUR CASE APPEAR TO ESTABLISH THAT YOUR CHANGE IN EMPLOYMENT OCCURRED WITHOUT A BREAK IN SERVICE AND IN POINT OF TIME TOOK PLACE LONG BEFORE THE DATE SET FOR OPERATION OF YOUR CONTINGENT RESIGNATION. THEREFORE, IT MAY BE VIEWED AS A TRANSFER. HOWEVER, WHILE ADMINISTRATIVE APPROVAL IS A PREREQUISITE TO THE ALLOWANCE OF YOUR CLAIM, THE RECORD SHOWS THAT THE TRANSFER WAS MADE PRIMARILY FOR YOUR CONVENIENCE AND BENEFIT AND AT YOUR REQUEST. IN THE LIGHT OF THE ABOVE QUOTED PROVISO OF THE STATUTE, ADMINISTRATIVE APPROVAL IN YOUR CASE WOULD BE CONTRARY TO LAW.

THEREFORE, THE CONCLUSION IN GENERAL ACCOUNTING OFFICE SETTLEMENT IS CORRECT AND UPON REVIEW MUST BE SUSTAINED.