B-161785, L/M, JUL 10, 1967

B-161785: Jul 10, 1967

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YOU WERE AUTHORIZED TO TRAVEL FROM DALLAS. YOUR CLAIM WAS DISALLOWED BY YOUR ADMINISTRATIVE OFFICE AND BY THE CLAIMS DIVISION OF OUR OFFICE AS NOT FALLING WITHIN THE PURVIEW OF SECTION 3 OF CIRCULAR NO. YOU HAVE FURNISHED EVIDENCE SHOWING THAT VEHICLES MAY NOT BE OPERATED ON MANY OF THE STREETS OF BALTIMORE WHEN SUCH STREETS ARE COVERED OR PARTIALLY COVERED BY SNOW. OR FREEZING RAIN UNLESS SUCH VEHICLES ARE EQUIPPED WITH SKID CHAINS OR SNOW TIRES. IS REQUIRED BY LAW IN BALTIMORE AND SINCE YOU HAD NO NEED FOR SNOW TIRES WHILE STATIONED IN DALLAS. THE PURCHASE THEREOF IS DIRECTLY RELATED TO YOUR CHANGE OF STATION AND IS A PROPER ITEM FOR REIMBURSEMENT UNDER SECTION 3 OF THE REGULATIONS. ARE NOT LIMITED TO.

B-161785, L/M, JUL 10, 1967

PRECIS-UNAVAILABLE

KENNETH E. TRIMMER, M.D.:

THIS REFERS TO YOUR LETTER OF JUNE 1, 1967, WITH ENCLOSURES, REQUESTING REVIEW OF OUR SETTLEMENT DATED MAY 23, 1967, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF $86.69, REPRESENTING THE COST OF TWO SNOW TIRES.

BY TRAVEL ORDER DATED AUGUST 17, 1966, YOU WERE AUTHORIZED TO TRAVEL FROM DALLAS, TEXAS, TO BALTIMORE, MARYLAND, INCIDENT TO A PERMANENT CHANGE OF STATION. SUBSEQUENT TO YOUR ARRIVAL AT YOUR NEW DUTY STATION YOU PURCHASED TWO SNOW TIRES FOR YOUR AUTOMOBILE AT A COST OF $86.69. YOU CLAIMED REIMBURSEMENT OF SUCH AMOUNT AS A MISCELLANEOUS EXPENSE UNDER SECTION 3 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966. YOUR CLAIM WAS DISALLOWED BY YOUR ADMINISTRATIVE OFFICE AND BY THE CLAIMS DIVISION OF OUR OFFICE AS NOT FALLING WITHIN THE PURVIEW OF SECTION 3 OF CIRCULAR NO. A-56.

YOU HAVE FURNISHED EVIDENCE SHOWING THAT VEHICLES MAY NOT BE OPERATED ON MANY OF THE STREETS OF BALTIMORE WHEN SUCH STREETS ARE COVERED OR PARTIALLY COVERED BY SNOW, SLEET, OR FREEZING RAIN UNLESS SUCH VEHICLES ARE EQUIPPED WITH SKID CHAINS OR SNOW TIRES. THEREFORE, YOU BELIEVE THAT SINCE THE USE OF SNOW TIRES, IN EFFECT, IS REQUIRED BY LAW IN BALTIMORE AND SINCE YOU HAD NO NEED FOR SNOW TIRES WHILE STATIONED IN DALLAS, THE PURCHASE THEREOF IS DIRECTLY RELATED TO YOUR CHANGE OF STATION AND IS A PROPER ITEM FOR REIMBURSEMENT UNDER SECTION 3 OF THE REGULATIONS.

SECTION 3.1B OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, PERTAINING TO THE ALLOWANCE FOR MISCELLANEOUS EXPENSES, PROVIDES, IN PART, AS FOLLOWS:

"*** THE TYPES OF COSTS INTENDED TO BE REIMBURSED UNDER THE ALLOWANCE INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:

"(1) DISCONNECTING AND CONNECTING APPLIANCES, EQUIPMENT AND UTILITIES INVOLVED IN RELOCATION, AND COST OF CONVERTING APPLIANCES FOR OPERATION ON AVAILABLE UTILITIES.

"(2) CUTTING AND FITTING RUGS, DRAPERIES AND CURTAINS MOVED FROM ONE RESIDENCE QUARTERS TO ANOTHER.

"(3) UTILITY FEES OR DEPOSITS THAT ARE NOT OFFSET BY EVENTUAL REFUNDS.

"(4) FORFEITURE LOSSES ON MEDICAL, DENTAL AND FOOD LOCKER CONTRACTS THAT ARE NOT TRANSFERABLE.

"(5) AUTOMOBILE REGISTRATION, DRIVER'S LICENSE AND USE TAXES IMPOSED WHEN BRINGING AUTOMOBILES INTO SOME JURISDICTIONS."

WE REALIZE THAT THE LIST OF EXPENSES QUOTED ABOVE IS NOT ALL INCLUSIVE BUT ONLY REPRESENTS THE TYPES OF EXPENSES FOR WHICH AN EMPLOYEE MAY BE REIMBURSED UNDER THE REGULATIONS. HOWEVER, AN EXAMINATION OF THE NATURE OF THE EXPENSES ENUMERATED IN SECTION 3.1B REVEALS THAT NONE OF THOSE ITEMS INCLUDE THE COST OF PERSONAL PROPERTY PURCHASED BY AN EMPLOYEE INCIDENT TO HIS CHANGE OF STATION. THEREFORE, WE DO NOT BELIEVE THAT THE MISCELLANEOUS EXPENSES ALLOWANCE WAS INTENDED TO COVER SUCH COSTS. VIEW THEREOF WE HOLD THAT THE COST OF SNOW TIRES - IRRESPECTIVE OF WHETHER THE USE THEREOF IS REQUIRED BY LAW - DOES NOT FALL WITHIN THE PURVIEW OF THE STATUTORY REGULATIONS AND IS FOR DISALLOWANCE.

CONCERNING YOUR REQUEST FOR INFORMATION REGARDING A FURTHER APPEAL FROM OUR DECISION, YOU ARE ADVISED THAT UNDER THE LAW THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT. 31 U.S.C. 44 AND 74. WHILE THERE IS NO PROCEDURE FOR APPEALING FROM SUCH DECISIONS, WE DIRECT YOUR ATTENTION TO THE PROVISIONS OF SECTIONS 1346 AND 1491 OF TITLE 28, UNITED STATES CODE, CONCERNING MATTERS COGNIZABLE IN THE DISTRICT COURTS OF THE UNITED STATES AND THE UNITED STATES COURT OF CLAIMS.