B-163980, MAY 10, 1968

B-163980: May 10, 1968

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VAUGHN WAS TRANSFERRED FROM PARIS. THE DWELLING IN PARIS WAS SOLD ON FEBRUARY 6. VAUGHN'S OFFICIAL STATION WAS TRANSFERRED FROM WASHINGTON. IT IS UNDERSTOOD THAT THE TRANSPORTATION OF MR. VAUGHN'S IMMEDIATE FAMILY AND HOUSEHOLD GOODS AND EFFECTS WAS ONLY FROM PARIS TO MEMPHIS. THE RECORD IS SILENT AS TO WHERE MR. AS YOU ARE AWARE. THE REGULATING AUTHORITY TO IMPLEMENT 5 U.S.C. 5724A WAS VESTED IN THE DIRECTOR. BUREAU OF THE BUDGET BY APPROPRIATE DELEGATION FROM THE PRESIDENT AND IS CONTAINED IN BUREAU OF THE BUDGET CIRCULAR NO. THE FUNCTION OF THE GENERAL ACCOUNTING OFFICE IS TO APPLY THE REGULATIONS AS WRITTEN. THE SETTLEMENT DATES FOR THE SALE AND PURCHASE * * * TRANSACTIONS FOR WHICH REIMBURSEMENT IS REQUESTED ARE NOT LATER THAN ONE YEAR AFTER THE DATE ON WHICH THE EMPLOYEE REPORTED FOR DUTY AT THE NEW OFFICIAL STATION.

B-163980, MAY 10, 1968

TO MR. P. L. COLEMAN:

YOUR LETTER OF APRIL 5, 1968, WITH ENCLOSED VOUCHER FOR $1,225 IN FAVOR OF MR. WILLIAM T. VAUGHN, FORMER POSTMASTER AT PARIS, TENNESSEE, COVERING CERTAIN RELOCATION EXPENSES INCURRED BY HIM AS THE RESULT OF TRANSFERS OF OFFICIAL STATION, REQUESTS OUR DECISION WHETHER THE VOUCHER MAY BE CERTIFIED FOR PAYMENT.

THE RECORD SHOWS THAT MR. VAUGHN WAS TRANSFERRED FROM PARIS, TENNESSEE, TO WASHINGTON, D.C., ON NOVEMBER 11, 1966. APPARENTLY, BECAUSE HIS FAMILY COULD NOT VACATE HIS PARIS DWELLING HOUSE EARLIER, MR. VAUGHN DID NOT LIST IT FOR SALE UNTIL MARCH 14, 1967. THE DWELLING IN PARIS WAS SOLD ON FEBRUARY 6, 1968, AND AT THAT TIME MR. VAUGHN INCURRED THE EXPENSES FOR WHICH HE NOW CLAIMS REIMBURSEMENT. IN THE INTERIM, ON APRIL 22, 1967, MR. VAUGHN'S OFFICIAL STATION WAS TRANSFERRED FROM WASHINGTON, D.C., TO MEMPHIS, TENNESSEE, AND IT IS UNDERSTOOD THAT THE TRANSPORTATION OF MR. VAUGHN'S IMMEDIATE FAMILY AND HOUSEHOLD GOODS AND EFFECTS WAS ONLY FROM PARIS TO MEMPHIS. THE RECORD IS SILENT AS TO WHERE MR. VAUGHN RESIDED WHILE ON DUTY IN WASHINGTON, D.C.

CAREFUL CONSIDERATION HAS BEEN GIVEN TO THE REASONS ADVANCED IN YOUR LETTER FOR THE FAVORABLE CONSIDERATION OF MR. VAUGHN'S CLAIM. HOWEVER, AS YOU ARE AWARE, THE REGULATING AUTHORITY TO IMPLEMENT 5 U.S.C. 5724A WAS VESTED IN THE DIRECTOR, BUREAU OF THE BUDGET BY APPROPRIATE DELEGATION FROM THE PRESIDENT AND IS CONTAINED IN BUREAU OF THE BUDGET CIRCULAR NO. A -56, REVISED OCTOBER 12, 1966. THE FUNCTION OF THE GENERAL ACCOUNTING OFFICE IS TO APPLY THE REGULATIONS AS WRITTEN.

SECTION 4 OF THE CIRCULAR, ESTABLISHING THE CONDITIONS AND REQUIREMENTS UNDER WHICH ALLOWANCES AUTHORIZED BY THAT SECTION MAY BE PAID, PROVIDES IN PERTINENT PART AS FOLLOWS:

"D. THE SETTLEMENT DATES FOR THE SALE AND PURCHASE * * * TRANSACTIONS FOR WHICH REIMBURSEMENT IS REQUESTED ARE NOT LATER THAN ONE YEAR AFTER THE DATE ON WHICH THE EMPLOYEE REPORTED FOR DUTY AT THE NEW OFFICIAL STATION, EXCEPT THAT AN APPROPRIATE EXTENSION OF TIME MAY BE AUTHORIZED BY THE HEAD OF THE DEPARTMENT OR HIS DESIGNEE WHEN SETTLEMENT IS NECESSARILY DELAYED BECAUSE OF LITIGATION.'

ON THE RECORD BEFORE US MR. VAUGHN LISTED HIS DWELLING HOUSE FOR SALE ON MARCH 14, 1967, SOME TIME PRIOR TO HIS TRANSFER TO MEMPHIS AND IN VIEW OF THAT FACT WE MUST ASSUME THAT THE ENSUING SALE WAS INCIDENT TO MR. VAUGHN'S PRIOR TRANSFER TO WASHINGTON, D.C., ON NOVEMBER 11, 1966. CONSEQUENTLY, IT DOES NOT APPEAR THAT THE SALE OCCURRED WITHIN THE ONE- YEAR PERIOD ESTABLISHED BY SECTION 4.1D OF THE REGULATIONS.

THEREFORE, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.

WE NOTE YOUR SUGGESTION THAT CASES OF THIS NATURE BE BROUGHT TO THE ATTENTION OF THE BUREAU OF THE BUDGET. IN THAT REGARD WE BELIEVE IT WOULD BE APPROPRIATE IF THE DEPARTMENTS AND AGENCIES CONCERNED WITH UNUSUAL PROBLEMS ARISING UNDER THE REGULATIONS AS DRAFTED WOULD DIRECTLY CALL THE ATTENTION OF THE BUREAU TO SUCH MATTERS FOR ITS CONSIDERATION.