B-164137, JUN. 26, 1968

B-164137: Jun 26, 1968

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YOU FURTHER SAY THAT THE JOB AT JERSEY CITY WAS CLOSED OUT IN MARCH 1968 AND MR. GINGERY WAS TRANSFERRED TO HARPERS FERRY. WILL BE ALLOWED IF OTHERWISE IN ORDER. THE QUESTION HERE PRESENTED IS WHETHER THE EMPLOYEE IS ENTITLED TO PAYMENT OF THE ALLOWANCE FOR MISCELLANEOUS EXPENSES IN CONNECTION WITH HIS TRANSFER FROM PHILADELPHIA TO JERSEY CITY. IT MAY BE ASSUMED IN MOST CASES THAT HE WILL AT LEAST INCUR SOME OF THE EXPENSES OF THE TYPE REFERRED TO IN SECTION 3.1 OF CIRCULAR NO. WE HAVE HELD THAT WHERE THE FACTS OF RECORD FAIL TO INDICATE THAT AN EMPLOYEE INCURRED ANY EXPENSE WHATSOEVER OF THE TYPE COVERED BY SUCH ALLOWANCE HE IS NOT ENTITLED TO PAYMENT THEREOF. WE HAVE HELD THAT WHERE THE FAMILY OF AN EMPLOYEE DOES NOT ACCOMPANY HIM TO THE NEW STATION AND EVEN THOUGH HE IS ABLE TO SHOW SOME MISCELLANEOUS EXPENSES CONNECTED WITH THE TRANSFER.

B-164137, JUN. 26, 1968

TO MR. EUGENE G. PARISHO:

WE REFER TO YOUR LETTER OF APRIL 17, 1968, REFERENCE F50, FORWARDING FOR OUR ADVANCE DECISION THE TRAVEL VOUCHER OF MR. MARSHALL A. GINGERY, AN EMPLOYEE OF THE NATIONAL PARK SERVICE, COVERING THE PAYMENT OF A MISCELLANEOUS EXPENSES ALLOWANCE AUTHORIZED BY 5 U.S.C. 5724A (B) AND SECTION 3 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, INCIDENT TO HIS TRANSFER FROM PHILADELPHIA, PENNSYLVANIA, TO JERSEY CITY, NEW JERSEY.

YOU RELATE THAT MR. GINGERY, UPON HIS TRANSFER TO JERSEY CITY EFFECTIVE SEPTEMBER 10, 1967, MOVED INTO GOVERNMENT QUARTERS WHILE HIS FAMILY CONTINUED TO RESIDE IN THE RESIDENCE AT CHERRY HILL, NEW JERSEY, IN THE VICINITY OF HIS OLD OFFICIAL DUTY STATION. YOU FURTHER SAY THAT THE JOB AT JERSEY CITY WAS CLOSED OUT IN MARCH 1968 AND MR. GINGERY WAS TRANSFERRED TO HARPERS FERRY, WEST VIRGINIA, WHERE HE HAS NOW MOVED HIS FAMILY, HOUSEHOLD GOODS AND PERSONAL EFFECTS; ALSO, THAT THE EXPENSES OF THE TRANSFER, INCLUDING THE ALLOWANCE FOR MISCELLANEOUS EXPENSES, WILL BE ALLOWED IF OTHERWISE IN ORDER.

THE QUESTION HERE PRESENTED IS WHETHER THE EMPLOYEE IS ENTITLED TO PAYMENT OF THE ALLOWANCE FOR MISCELLANEOUS EXPENSES IN CONNECTION WITH HIS TRANSFER FROM PHILADELPHIA TO JERSEY CITY, NEW JERSEY, THERE BEING NO INDICATION THAT HE INCURRED ANY EXPENSES OF THE TYPE REFERRED TO UNDER SECTION 3 OF CIRCULAR NO. A-56.

WHERE AN EMPLOYEE CHANGES HIS FAMILY RESIDENCE FROM ONE LOCATION TO ANOTHER BECAUSE OF A TRANSFER OF OFFICIAL DUTY STATION, IT MAY BE ASSUMED IN MOST CASES THAT HE WILL AT LEAST INCUR SOME OF THE EXPENSES OF THE TYPE REFERRED TO IN SECTION 3.1 OF CIRCULAR NO. A-56 SO AS TO BE ELIGIBLE FOR THE MINIMUM ALLOWANCE SPECIFIED THEREIN. HOWEVER, WE HAVE HELD THAT WHERE THE FACTS OF RECORD FAIL TO INDICATE THAT AN EMPLOYEE INCURRED ANY EXPENSE WHATSOEVER OF THE TYPE COVERED BY SUCH ALLOWANCE HE IS NOT ENTITLED TO PAYMENT THEREOF. SEE B-162492, OCTOBER 6, 1967, COPY HEREWITH. ALSO, WE HAVE HELD THAT WHERE THE FAMILY OF AN EMPLOYEE DOES NOT ACCOMPANY HIM TO THE NEW STATION AND EVEN THOUGH HE IS ABLE TO SHOW SOME MISCELLANEOUS EXPENSES CONNECTED WITH THE TRANSFER, SUCH AS AUTOMOBILE REGISTRATION, HE IS ONLY ENTITLED TO THE ALLOWANCE SPECIFIED FOR AN EMPLOYEE WITHOUT IMMEDIATE FAMILY. SEE B-163076, JANUARY 12, 1968, COPY HEREWITH.

IN MR. GINGERY'S STATEMENT ACCOMPANYING THE VOUCHER, THERE IS NOTHING THEREIN INDICATING THAT HE HAD INCURRED ANY MISCELLANEOUS EXPENSES INCIDENT TO HIS TRANSFER FROM PHILADELPHIA TO JERSEY CITY, NEW JERSEY. THEREFORE, ON THE BASIS OF THE PRESENT RECORD HE IS NOT ENTITLED TO ANY ALLOWANCE FOR MISCELLANEOUS EXPENSES.