B-160397, DEC. 2, 1966

B-160397, DEC. 2, 1966

TO THE AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF THE INTERIOR:

YOUR LETTER OF NOVEMBER 3, 1966, REFERENCE 303-150, WITH ENCLOSURES, REQUESTS OUR DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER DRAWN IN THE FAVOR OF MR. DAVID F. GONZALES FOR TRAVEL EXPENSES FOR HIMSELF AND FAMILY AND TRANSPORTATION OF HOUSEHOLD GOODS INCIDENT TO A PERMANENT CHANGE OF DUTY STATION FROM CASPER, WYOMING, TO YUMA, ARIZONA.

THE RECORD SHOWS THAT MR. GONZALES WAS REASSIGNED FROM THE BUREAU OF RECLAMATION'S NORTH PLATTE RIVER PROJECTS, CASPER, WYOMING, TO THE BUREAU OF RECLAMATION'S YUMA PROJECTS OFFICE, YUMA, ARIZONA, EFFECTIVE MAY 8, 1966. THE STANDARD FORM 50, NOTIFICATION OF PERSONNEL ACTION, DATED MAY 6, 1966, EFFECTING THE REASSIGNMENT AUTHORIZED THE PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES TO MR. GONZALES AND HIS FAMILY AS BEING IN THE INTEREST OF THE GOVERNMENT. TRAVEL AUTHORIZATION DATED MAY 6, 1966, WAS ISSUED FOR THE TRAVEL.

PRIOR TO THE EFFECTIVE DATE OF MR. GONZALES' REASSIGNMENT TO THE YUMA PROJECTS OFFICE, HIS SON HAD BEEN HOSPITALIZED IN SAN ANTONIO, TEXAS. MR. GONZALES REQUESTED LEAVE WITHOUT PAY FOR THE PERIOD MAY 9 TO MAY 27, 1966, TO PICK UP HIS SON EN ROUTE TO YUMA. THIS REQUEST WAS GRANTED BY YOUR OFFICE.

THE DEPARTMENT OF THE AIR FORCE, KELLY AIR FORCE BASE, TEXAS, ON MAY 16, 1966, FORWARDED TO YOUR OFFICE A STANDARD FORM 75, REQUEST FOR PRELIMINARY EMPLOYMENT DATA, FOR MR. GONZALES AND REQUESTED HIS RELEASE EFFECTIVE MAY 29, 1966. MR. GONZALES BY LETTER OF MAY 19, 1966, ADVISED YOUR OFFICE OF HIS DESIRE TO REMAIN IN SAN ANTONIO, TEXAS. THE DEPARTMENT OF THE AIR FORCE, BY STANDARD FORM 50, DATED MAY 26, ACCOMPLISHED THE TRANSFER OF MR. GONZALES TO THAT AGENCY EFFECTIVE MAY 29, 1966. THE AIR FORCE SAYS THAT THEY EMPLOYED HIM AS A VOLUNTARY TRANSFER AT A REDUCED GRADE AND MADE NO COMMITMENT TO HIM FOR PAYMENT OF TRANSFER EXPENSES.

FROM THE VOUCHER SUBMITTED IT APPEARS THAT MR. GONZALES IS CLAIMING TRAVEL EXPENSES AND TRANSPORTATION OF HIS HOUSEHOLD GOODS FROM CASPER, WYOMING, TO SAN ANTONIO, TEXAS. IT IS NOTED THAT THE AUTHORITY FOR THE TRAVEL IS CITED AS TRAVEL AUTHORIZATION NO. C-66-396, DATED MAY 6, 1966. THIS WAS A TRAVEL AUTHORIZATION ISSUED BY YOUR AGENCY AUTHORIZING TRAVEL FROM CASPER TO YUMA.

THE RIGHT TO REIMBURSEMENT FOR EXPENSES INCURRED UPON TRANSFER OF OFFICIAL HEADQUARTERS IS GOVERNED BY SECTION 1 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 806, AS AMENDED, AND BUREAU OF THE BUDGET CIRCULAR NO. A- 56, PROMULGATED PURSUANT THERETO, WHICH PROVIDES FOR THE TRANSFER OF EMPLOYEES AT GOVERNMENT EXPENSE WHEN IN THE INTEREST OF THE GOVERNMENT. HOWEVER, SUCH OBLIGATION DOES NOT ARISE UNTIL THE TRANSFER ACTUALLY IS CONSUMMATED BY THE EMPLOYEE'S ENTRANCE ON DUTY AT HIS NEW OFFICIAL STATION. 23 COMP. GEN. 32; 32 ID. 280.

WHILE MR. GONZALES TRAVELED FROM HIS OLD DUTY STATION AT CASPER HE DID NOT REPORT FOR DUTY AT HIS NEW DUTY STATION IN YUMA. THE SUBSEQUENT CHANGE OF DUTY STATION TO SAN ANTONIO AT MR. GONZALES' REQUEST MAY NOT BE CONSIDERED AS ALTERING THE PURPOSE FOR WHICH THE ORIGINAL TRANSFER ORDER WAS ISSUED.

THEREFORE, SINCE MR. GONZALES DID NOT REPORT FOR DUTY AT YUMA HE WOULD NOT BE ENTITLED TO REIMBURSEMENT OF TRAVEL AND TRANSPORTATION EXPENSES UNDER TRAVEL AUTHORIZATION NO. C-66-396, DATED MAY 6, 1966, AND THE VOUCHER, WHICH IS RETURNED HEREWITH WITH RELATED PAPERS, MAY NOT BE CERTIFIED FOR PAYMENT.