B-159154, MAY 25, 1966

B-159154: May 25, 1966

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REEBER: THIS IS IN REPLY TO YOUR LETTER OF APRIL 29. YOUR CLAIM WAS DISALLOWED INITIALLY AS NOT COMING WITHIN THE TIME LIMITATIONS SET FORTH IN SECTION 1.6 OF BUREAU OF THE BUDGET CIRCULAR NO. YOU ASSERT THAT YOU DID NOT HAVE KNOWLEDGE OF SUCH A REQUIREMENT. THAT YOU WERE NOT ADVISED CONCERNING IT. ALBANS YOU WOULD NOT HAVE BEEN ABLE TO MOVE UNTIL THE SALE WAS CLOSED IN NOVEMBER 1965. ALL TRAVEL AND TRANSPORTATION ALLOWABLE UNDER THESE REGULATIONS SHALL BEGIN WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF THE TRANSFER * * * OF THE EMPLOYEE * * *" THE EFFECTIVE DATE OF TRANSFER OF AN EMPLOYEE FROM ONE OFFICIAL STATION TO ANOTHER IN THE SAME DEPARTMENT OR AGENCY IS THE DATE HE ENTERS UPON DUTY AT THE NEW OFFICIAL STATION. 26 COMP.

B-159154, MAY 25, 1966

TO WILLIAM N. REEBER:

THIS IS IN REPLY TO YOUR LETTER OF APRIL 29, 1966, APPEALING FROM OUR OFFICE SETTLEMENT OF APRIL 26, 1966, Z-2318702, DENYING YOUR CLAIM FOR REIMBURSEMENT FOR COSTS INCURRED IN TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS FROM ST. ALBANS, NEW YORK, TO TOMS RIVER, NEW JERSEY, ON JANUARY 17, 1965, INCIDENT TO YOUR PERMANENT CHANGE OF STATION TRANSFER ON JULY 29, 1963, FROM U.S. NAVAL AIR STATION (NAS) FLOYD BENNETT FIELD, BROOKLYN, NEW YORK, TO NAVAL AIR TEST FACILITY (SI), NAS, LAKEHURST, NEW JERSEY.

YOUR CLAIM WAS DISALLOWED INITIALLY AS NOT COMING WITHIN THE TIME LIMITATIONS SET FORTH IN SECTION 1.6 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, WHICH REQUIRES THAT TRANSPORTATION OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD EFFECTS MUST BEGIN WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THE TRANSFER. YOU ASSERT THAT YOU DID NOT HAVE KNOWLEDGE OF SUCH A REQUIREMENT, THAT YOUR ORDERS DID NOT CONTAIN SUCH INFORMATION, AND THAT YOU WERE NOT ADVISED CONCERNING IT. IN ADDITION YOU POINT OUT THAT DUE TO DIFFICULTY IN FINDING A RESPONSIBLE BUYER FOR YOUR HOUSE IN ST. ALBANS YOU WOULD NOT HAVE BEEN ABLE TO MOVE UNTIL THE SALE WAS CLOSED IN NOVEMBER 1965.

SECTION 1.6 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, APPLICABLE TO YOUR CASE, PROVIDES IN PERTINENT PART AS FOLLOWS:

"TIME LIMIT. ALL TRAVEL AND TRANSPORTATION ALLOWABLE UNDER THESE REGULATIONS SHALL BEGIN WITHIN TWO YEARS FROM THE EFFECTIVE DATE OF THE TRANSFER * * * OF THE EMPLOYEE * * *"

THE EFFECTIVE DATE OF TRANSFER OF AN EMPLOYEE FROM ONE OFFICIAL STATION TO ANOTHER IN THE SAME DEPARTMENT OR AGENCY IS THE DATE HE ENTERS UPON DUTY AT THE NEW OFFICIAL STATION. 26 COMP. GEN. 293; 28 COMP. GEN. 285; 29 COMP. GEN. 100. INASMUCH AS YOU ARRIVED AT YOUR NEW STATION IN JULY 1963 YOUR TRANSFER WAS EFFECTIVE AT THAT TIME AND THE TIME LIMIT PRESCRIBED BY THE QUOTED REGULATION EXPIRED DURING JULY 1965.

THE PAYMENT FOR TRAVEL EXPENSES OF AN EMPLOYEE'S FAMILY AND FOR THE TRANSPORTATION OF HIS HOUSEHOLD EFFECTS IS BY WAY OF REDUCING THE BURDEN NECESSITATED BY A TRANSFER OF OFFICIAL DUTY STATION. HOWEVER, TO PERMIT TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS MORE THAN TWO YEARS AFTER THE EFFECTIVE DATE OF YOUR TRANSFER WOULD BE A CLEAR VIOLATION OF THE LANGUAGE OF THE REGULATION QUOTED ABOVE. WHILE WE FULLY APPRECIATE YOUR VIEWS IN THIS MATTER NEITHER THE DEPARTMENT OF THE NAVY NOR OUR OFFICE IS AUTHORIZED TO WAIVE THE TWO-YEAR TIME LIMIT SPECIFIED IN THE REGULATIONS.

THEREFORE, OUR OFFICE SETTLEMENT OF APRIL 26, 1966, DENYING YOUR CLAIM FOR TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS, MUST BE SUSTAINED.