B-151955, JUL. 31, 1963

B-151955: Jul 31, 1963

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IN YOUR REQUEST FOR REVIEW YOU SAY THAT WHEN YOU WERE COMMENCING HOME LEAVE YOU ADVISED THE PERSONNEL OFFICE AT CHATEAUREUX THAT YOU WOULD SEEK EMPLOYMENT IN THE UNITED STATES AND IF SUCCESSFUL YOU WOULD NOT BE RETURNING OVERSEAS. SHIPMENT OF AN AUTOMOBILE AT GOVERNMENT EXPENSE IS NOT AUTHORIZED INCIDENT TO RETURNING TO THE UNITED STATES ON HOME LEAVE. WHILE YOU MAY HAVE BEEN GRANTED AUTHORITY TO SHIP AN AUTOMOBILE TO THE UNITED STATES INCIDENT TO A SEPARATION FROM THE SERVICE OR TO A TRANSFER TO PERMANENT DUTY HERE. THE FACT REMAINS THAT AT THE TIME OF THE SHIPMENT YOU DID NOT HAVE A POSITION IN THE UNITED STATES AND THE ORDERS UNDER WHICH YOU TRAVELED WERE SOLELY FOR THE PURPOSE OF TAKING HOME LEAVE AND NOT A TRANSFER TO A NEW PERMANENT DUTY STATION.

B-151955, JUL. 31, 1963

TO MR. ARTHUR S. TAYLOR:

BY LETTER DATED JUNE 19, 1963, YOU REQUESTED RECONSIDERATION OF OUR SETTLEMENT OF JUNE 14, 1963, WHICH DENIED YOUR CLAIM OF $206.68, REPRESENTING THE COST OF SHIPMENT OF YOUR AUTOMOBILE TO THE UNITED STATES FROM CHATEAUREUX, FRANCE, IN JUNE 1962, INCIDENT TO YOUR TAKING HOME LEAVE AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.

IN YOUR REQUEST FOR REVIEW YOU SAY THAT WHEN YOU WERE COMMENCING HOME LEAVE YOU ADVISED THE PERSONNEL OFFICE AT CHATEAUREUX THAT YOU WOULD SEEK EMPLOYMENT IN THE UNITED STATES AND IF SUCCESSFUL YOU WOULD NOT BE RETURNING OVERSEAS. SHIPMENT OF AN AUTOMOBILE AT GOVERNMENT EXPENSE IS NOT AUTHORIZED INCIDENT TO RETURNING TO THE UNITED STATES ON HOME LEAVE, SO YOU SHIPPED YOURS AT YOUR PERSONAL EXPENSE. WHILE ON HOME LEAVE YOU OBTAINED ANOTHER POSITION AND YOU ASK THAT YOU NOW BE REIMBURSED FOR THE EXPENSE INCURRED.

WHILE YOU MAY HAVE BEEN GRANTED AUTHORITY TO SHIP AN AUTOMOBILE TO THE UNITED STATES INCIDENT TO A SEPARATION FROM THE SERVICE OR TO A TRANSFER TO PERMANENT DUTY HERE, THE FACT REMAINS THAT AT THE TIME OF THE SHIPMENT YOU DID NOT HAVE A POSITION IN THE UNITED STATES AND THE ORDERS UNDER WHICH YOU TRAVELED WERE SOLELY FOR THE PURPOSE OF TAKING HOME LEAVE AND NOT A TRANSFER TO A NEW PERMANENT DUTY STATION.

THE PERTINENT REGULATIONS ARE AS FOLLOWS:

SECTION 8.2 (B) OF THE BUREAU OF THE BUDGET CIRCULAR NO. A-56, EFFECTIVE JUNE 1, 1962, PROVIDES IN PERTINENT PART AS FOLLOWS:

"B. ONE PRIVATELY OWNED MOTOR VEHICLE MAY BE TRANSPORTED AT GOVERNMENT EXPENSE * * * WHERE THE HEAD OF THE AGENCY DETERMINES IN ADVANCE OF AUTHORIZATION THAT IT IS "IN THE INTEREST OF THE GOVERNMENT" FOR THE EMPLOYEE TO HAVE THE USE OF THE MOTOR VEHICLE AT THE PERMANENT POST OF DUTY. * * *" (UNDERSCORING ADDED.)

THIS LANGUAGE IS PATTERNED AFTER SIMILAR LANGUAGE FOUND IN BUREAU OF THE BUDGET CIRCULAR A-4.

THE APPLICABLE DEPARTMENT OF THE AIR FORCE REGULATION, AFM 75-4A, PARAGRAPH 5804, 7 (B) (2), 20 NOVEMBER 1961, READS IN PART THAT:

"/2) ELIGIBILITY FOR THE SHIPMENT OF A CIVILIAN EMPLOYEE'S POV AT GOVERNMENT EXPENSE MUST BE DETERMINED IN ADVANCE OF THE SHIPMENT. RETROACTIVE APPROVAL FOR REIMBURSEMENT PURPOSES WILL NOT BE ALLOWED FOR SHIPMENT OF A POV ON A SPACE-REQUIRED REIMBURSABLE BASIS PRIOR TO AN ADVANCE DETERMINATION OF ELIGIBILITY. * * *" (UNDERSCORING ADDED.)

IN VIEW OF THE FACTS IN YOUR CASE AND THE CONTROLLING REGULATIONS WE ARE WITHOUT AUTHORITY TO APPROVE THE SHIPMENT OR TO ALLOW THE REIMBURSEMENT CLAIMED. THEREFORE, THE SETTLEMENT OF JUNE 14, 1963, MUST BE SUSTAINED.

CONCERNING YOUR REQUEST FOR ADVICE AS TO A FURTHER APPEAL, YOU ARE INFORMED THAT THE DECISIONS OF THIS OFFICE ARE BINDING UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT. HOWEVER, YOUR ATTENTION IS DIRECTED TO 28 U.S.C. 1491 REGARDING THE JURISDICTION OF THE COURT OF CLAIMS.