B-165356, OCT. 30, 1968

B-165356: Oct 30, 1968

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHICH WAS EFFECTED ON OR ABOUT JULY 30. YOUR DAUGHTER HAD CEASED TO BE A MEMBER OF YOUR IMMEDIATE FAMILY AS THAT TERM IS DEFINED IN SECTION 1.2D OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 SINCE AT THE TIME OF YOUR REPORTING SHE NO LONGER WAS A MEMBER OF YOUR HOUSEHOLD. UNTIL SHE ACQUIRED NEW AND LARGER QUARTERS IS NOT MATERIAL. WE CANNOT AGREE THAT THE REGULATION POINT OF DESTINATION IS THE NEW OFFICIAL STATION OR SOME OTHER POINT SELECTED BY THE EMPLOYEE. OR IF THE DESTINATION FOR PART OF THE PROPERTY IS THE NEW OFFICIAL STATION AND THE REMAINDER IS SHIPPED TO ONE OR MORE OTHER POINTS. IS SUSTAINED. WE POINT OUT THAT THE DECISIONS OF THIS OFFICE ARE BINDING UPON THE EXECUTIVE DEPARTMENTS AND AGENCIES OF THE GOVERNMENT AND THE LAW PROVIDES FOR NO APPEAL TO DECISIONS OF THE COMPTROLLER GENERAL.

B-165356, OCT. 30, 1968

TO MR. NATHAN ARONSON:

WE REFER TO YOUR LETTER OF SEPTEMBER 19, 1968, BY WHICH YOU REQUEST THAT WE REVIEW THE SETTLEMENT OF THE CLAIMS DIVISION OF THIS OFFICE, DATED JUNE 18, 1968, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF SUBSISTENCE FOR YOUR DAUGHTER WHILE SHE OCCUPIED TEMPORARY QUARTERS INCIDENT TO YOUR TRANSFER FROM FLUSHING, NEW YORK, TO WASHINGTON, D.C., WHICH WAS EFFECTED ON OR ABOUT JULY 30, 1967, AND YOUR CLAIM FOR MOVEMENT OF HOUSEHOLD GOODS FROM ONE LOCATION IN NEW YORK CITY TO ANOTHER IN THE SAME METROPOLITAN AREA.

YOU CLAIM REIMBURSEMENT OF SUBSISTENCE EXPENSES OF YOUR DAUGHTER WHILE SHE RESIDED WITH HER GRANDMOTHER FOR THE PERIOD FROM JULY 30 TO SEPTEMBER 1, 1967, PENDING YOUR WIFE'S OBTAINING A LARGER APARTMENT IN WHICH TO ACCOMODATE THE CHILD. AT THE TIME OF YOUR REPORTING TO YOUR NEW DUTY STATION IN WASHINGTON, D.C., YOUR DAUGHTER HAD CEASED TO BE A MEMBER OF YOUR IMMEDIATE FAMILY AS THAT TERM IS DEFINED IN SECTION 1.2D OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 SINCE AT THE TIME OF YOUR REPORTING SHE NO LONGER WAS A MEMBER OF YOUR HOUSEHOLD. THEREFORE NO BENEFIT UNDER THE REGULATION WOULD BE PAYABLE TO YOU INCIDENT TO SUCH CHANGE OF STATION ON ACCOUNT OF YOUR DAUGHTER. THE FACT THAT YOUR WIFE MAINTAINED SEPARATE LIVING QUARTERS FROM YOU AND HAD NO ROOM TO ACCOMMODATE YOUR CHILD FOLLOWING YOUR TRANSFER TO WASHINGTON, D.C., UNTIL SHE ACQUIRED NEW AND LARGER QUARTERS IS NOT MATERIAL.

EVEN THOUGH BUREAU OF THE BUDGET CIRCULAR NO. A-56 AUTHORIZED TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS, WHETHER SHIPMENT ORIGINATES AT THE EMPLOYEE'S LAST OFFICIAL STATION OR PLACE OF ACTUAL RESIDENCE OR AT SOME OTHER POINT, AND REGARDLESS OF WHETHER SHIPPED TO ONE OR MORE OTHER POINTS, WE CANNOT AGREE THAT THE REGULATION POINT OF DESTINATION IS THE NEW OFFICIAL STATION OR SOME OTHER POINT SELECTED BY THE EMPLOYEE, OR IF THE DESTINATION FOR PART OF THE PROPERTY IS THE NEW OFFICIAL STATION AND THE REMAINDER IS SHIPPED TO ONE OR MORE OTHER POINTS, WE CANNOT AGREE THAT THE REGULATION CONTEMPLATES REIMBURSEMENT IN YOUR CASE. ALL THE FACTS INDICATE THAT FOLLOWING YOUR TRANSFER THE HOUSEHOLD EFFECTS BECAME PART OF THE PERSONAL AND HOUSEHOLD GOODS OF YOUR WIFE WHO TOGETHER WITH YOUR DAUGHTER LIVED SEPARATE AND APART FROM YOU AT YOUR OLD OFFICIAL STATION. THUS, UNDER THE CIRCUMSTANCES WE WOULD BE WARRANTED IN ALLOWING REIMBURSEMENT TO YOU FOR ONLY SUCH PORTION OF THE EFFECTS THAT YOU MAY SHIP TO YOUR NEW STATION WITHIN THE 2-YEAR PERIOD FOLLOWING YOUR TRANSFER.

FOR THE REASONS STATED, THE SETTLEMENT OF JUNE 18, 1968, IS SUSTAINED.

REPLYING TO THE LAST PARAGRAPH OF YOUR LETTER REGARDING FURTHER APPEAL OF YOUR CLAIM, WE POINT OUT THAT THE DECISIONS OF THIS OFFICE ARE BINDING UPON THE EXECUTIVE DEPARTMENTS AND AGENCIES OF THE GOVERNMENT AND THE LAW PROVIDES FOR NO APPEAL TO DECISIONS OF THE COMPTROLLER GENERAL. AS TO MATTERS COGNIZABLE BY THE UNITED STATES DISTRICT COURTS AND THE UNITED STATES COURT OF CLAIMS SEE 28 U.S.C. 1346 AND 1491.