B-162691, NOV. 3, 1967

B-162691: Nov 3, 1967

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THE MISCELLANEOUS EXPENSE ALLOWANCE PRESCRIBED BY SEC. 3.2A (1) OF BOB CIRCULAR A-56 MAY NOT BY ADMINISTRATIVE REGULATION BE REDUCED WHEN EMPLOYEES WHO MOVE FROM GOVERNMENT FURNISHED QUARTERS AT ONE OVERSEAS STATION TO GOVERNMENT QUARTERS AT ANOTHER STATION DO NOT INCUR MANY OF THE EXPENSES WHICH THE MISCELLANEOUS EXPENSE ALLOWANCE IS INTENDED TO COVER. ALTHOUGH THE MISCELLANEOUS EXPENSE ALLOWANCE PRESCRIBED CANNOT BE DENIED WHEN AN EMPLOYEE'S EXPENSES ARE LESS THAN THE SPECIFIED ALLOWANCE. A TRANSFERRED EMPLOYEE MUST BE ABLE TO SHOW THAT SOME EXPENSES WERE INCURRED TO QUALIFY FOR THE MINIMUM PAYMENT. WHICH WAS ASSIGNED CONTROL NO. 67-26 BY THE DEPARTMENT OF DEFENSE. A-56 TO CERTAIN DEFENSE DEPARTMENT EMPLOYEES WHO ARE TRANSFERRED FROM ONE OFFICIAL STATION OVERSEAS TO ANOTHER SUCH STATION AND WHO OCCUPY GOVERNMENT FURNISHED QUARTERS AT THE OLD AND THE NEW OFFICIAL STATIONS.

B-162691, NOV. 3, 1967

EMPLOYEES - TRANSFERS - OVERSEAS - MISCELLANEOUS EXPENSES DECISION TO SECRETARY OF THE ARMY CONCERNING PAYMENT OF MISCELLANEOUS EXPENSES TO EMPLOYEES WHO INCIDENT TO TRANSFER FROM ONE OVERSEAS STATION TO ANOTHER OCCUPY FURNISHED QUARTERS AT BOTH STATIONS. THE MISCELLANEOUS EXPENSE ALLOWANCE PRESCRIBED BY SEC. 3.2A (1) OF BOB CIRCULAR A-56 MAY NOT BY ADMINISTRATIVE REGULATION BE REDUCED WHEN EMPLOYEES WHO MOVE FROM GOVERNMENT FURNISHED QUARTERS AT ONE OVERSEAS STATION TO GOVERNMENT QUARTERS AT ANOTHER STATION DO NOT INCUR MANY OF THE EXPENSES WHICH THE MISCELLANEOUS EXPENSE ALLOWANCE IS INTENDED TO COVER. ALTHOUGH THE MISCELLANEOUS EXPENSE ALLOWANCE PRESCRIBED CANNOT BE DENIED WHEN AN EMPLOYEE'S EXPENSES ARE LESS THAN THE SPECIFIED ALLOWANCE, A TRANSFERRED EMPLOYEE MUST BE ABLE TO SHOW THAT SOME EXPENSES WERE INCURRED TO QUALIFY FOR THE MINIMUM PAYMENT.

TO MR. SECRETARY:

WE REFER TO THE LETTER OF THE UNDER SECRETARY OF THE ARMY DATED AUGUST 25, 1967, RECEIVED IN OUR OFFICE OCTOBER 12, 1967, WHICH WAS ASSIGNED CONTROL NO. 67-26 BY THE DEPARTMENT OF DEFENSE, PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE, CONCERNING THE PAYMENT OF THE MISCELLANEOUS EXPENSE ALLOWANCE AUTHORIZED BY 5 U.S.C. 5724A (B) AND SECTION 3 OF THE BUREAU OF THE BUDGET CIRCULAR NO. A-56 TO CERTAIN DEFENSE DEPARTMENT EMPLOYEES WHO ARE TRANSFERRED FROM ONE OFFICIAL STATION OVERSEAS TO ANOTHER SUCH STATION AND WHO OCCUPY GOVERNMENT FURNISHED QUARTERS AT THE OLD AND THE NEW OFFICIAL STATIONS.

THE QUESTION PRESENTED IS WHETHER THE DEPARTMENT BY REGULATION MAY REDUCE THE MISCELLANEOUS EXPENSE ALLOWANCE AS PRESCRIBED BY SECTION 3.2A (1) OF CIRCULAR NO. A-56, IN VIEW OF THE FACT THAT EMPLOYEES MOVING FROM GOVERNMENT FURNISHED QUARTERS AT ONE OFFICIAL STATION OVERSEAS TO GOVERNMENT FURNISHED QUARTERS AT ANOTHER OFFICIAL STATION OVERSEAS DO NOT INCUR MANY OF THE EXPENSES WHICH THE MISCELLANEOUS EXPENSE ALLOWANCE IS INTENDED TO COVER AS SET OUT IN SECTION 3.1B OF CIRCULAR NO. A-56.

IN B-161240, JUNE 20, 1967, COPY ENCLOSED, WE HELD THAT AN AGENCY DOES NOT HAVE AUTHORITY TO DENY PAYMENT OF THE MISCELLANEOUS EXPENSE ALLOWANCE PRESCRIBED BY SECTION 3.2A (1) OF THE REGULATIONS ON THE BASIS OF ACTUAL EXPENSES INCURRED BY AN EMPLOYEE BEING LESS THAN THE $100 OR $200 ALLOWANCE SPECIFIED THEREIN. ON THE OTHER HAND, A TRANSFERRED EMPLOYEE MUST BE ABLE TO SHOW THAT HE DID INCUR SOME EXPENSE OF THE TYPE COVERED BY THE MISCELLANEOUS EXPENSE ALLOWANCE AS THE RESULT OF CHANGING HIS RESIDENCE INCIDENT TO HIS TRANSFER IN ORDER TO QUALIFY FOR PAYMENT OF THE MINIMUM ALLOWANCE PRESCRIBED BY THAT SUBSECTION. B-161042, MARCH 28, 1967, B-162492, OCTOBER 6, 1967, COPIES ENCLOSED.

ACCORDINGLY, THE AMENDMENT TO THE JOINT TRAVEL REGULATIONS, VOLUME 2, IN THE MANNER PROPOSED WOULD NOT APPEAR TO BE AUTHORIZED.