B-165796, FEB. 12, 1969

B-165796: Feb 12, 1969

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WAS NOTIFIED BY LETTER OF NOVEMBER 22. THAT HE WAS TO BECOME SURPLUS TO THE NEEDS OF THE KANSAS RIVER PROJECTS IN THE POSITION HE OCCUPIED WITHIN THE NEXT 2 OR 3 MONTHS. THE LETTER ALSO STATED THAT THE PURPOSE OF NOTIFYING THE REGIONAL OFFICE AT THE TIME WAS TO HELP FIND ANOTHER JOB FOR MR. SWENEY AND THIS WAS PRELIMINARY NOTICE TO INITIATE PLACEMENT ACTION. HE WAS ALSO REQUESTED TO RETURN THE ATTACHED APPLICATION FOR TRANSFER TO THE REGIONAL OFFICE WITHIN THE NEXT 7 DAYS. IN JUNE 1967 HE WAS OFFERED ANOTHER POSITION WITH THE BUREAU OF RECLAMATION. ALSO STATED THAT ALL ALLOWANCES ARE AUTHORIZED UNDER PUBLIC LAW 89-516 AS IMPLEMENTED BY BUREAU OF THE BUDGET CIRCULAR NO. THE DWELLING SOLD MUST HAVE BEEN THE EMPLOYEE'S ACTUAL RESIDENCE AT THE TIME HE WAS FIRST DEFINITELY INFORMED THAT HE WAS TO BE TRANSFERRED.

B-165796, FEB. 12, 1969

TO MR. HAROLD J. FARRALL:

THIS REFERS TO YOUR LETTER OF DECEMBER 10, 1968, WITH ENCLOSURES, REFERENCE 7-360, REQUESTING OUR DECISION AS TO THE PROPRIETY OF THE PAYMENTS MADE TO MR. WAYNE H. SWENEY INCIDENT TO THE SALE OF A RESIDENCE IN CONNECTION WITH A TRANSFER UNDER THE CIRCUMSTANCES RELATED BELOW.

THE INFORMATION FURNISHED SHOWS THAT MR. SWENEY, AN EMPLOYEE OF THE BUREAU OF RECLAMATION AT MCCOOK, NEBRASKA, WAS NOTIFIED BY LETTER OF NOVEMBER 22, 1966, THAT HE WAS TO BECOME SURPLUS TO THE NEEDS OF THE KANSAS RIVER PROJECTS IN THE POSITION HE OCCUPIED WITHIN THE NEXT 2 OR 3 MONTHS. THE LETTER ALSO STATED THAT THE PURPOSE OF NOTIFYING THE REGIONAL OFFICE AT THE TIME WAS TO HELP FIND ANOTHER JOB FOR MR. SWENEY AND THIS WAS PRELIMINARY NOTICE TO INITIATE PLACEMENT ACTION. HE WAS ALSO REQUESTED TO RETURN THE ATTACHED APPLICATION FOR TRANSFER TO THE REGIONAL OFFICE WITHIN THE NEXT 7 DAYS. ON THE BASIS OF THIS LETTER MR. SWENEY PUT HIS HOUSE UP FOR SALE AND CLOSED THE SALE ON MARCH 25, 1967.

IN JUNE 1967 HE WAS OFFERED ANOTHER POSITION WITH THE BUREAU OF RECLAMATION. THE TRAVEL ORDER, DATED JULY 3, 1967, AUTHORIZED TRAVEL FROM MCCOOK, NEBRASKA, TO PUEBLO, COLORADO, AND ALSO STATED THAT ALL ALLOWANCES ARE AUTHORIZED UNDER PUBLIC LAW 89-516 AS IMPLEMENTED BY BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966.

SECTION 4.1C OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 REQUIRES THAT, IN ORDER TO BE ELIGIBLE FOR REIMBURSEMENT OF THE COSTS INVOLVED IN THE SALE OF A RESIDENCE AT THE OLD DUTY STATION, THE DWELLING SOLD MUST HAVE BEEN THE EMPLOYEE'S ACTUAL RESIDENCE AT THE TIME HE WAS FIRST DEFINITELY INFORMED THAT HE WAS TO BE TRANSFERRED.

SINCE MR. SWENEY SOLD HIS RESIDENCE IN MCCOOK ONLY BECAUSE HIS PRESENT ASSIGNMENT WAS BEING TERMINATED AND AS HE HAD BEEN ADVISED TO FILE AN APPLICATION FOR TRANSFER AND AS HIS TRANSFER WAS OFFICIALLY ORDERED SHORTLY AFTER THE SALE OF THE HOUSE, WE BELIEVE THERE HAS BEEN SUBSTANTIAL COMPLIANCE WITH THE REGULATIONS REFERRED TO ABOVE. THEREFORE, THE PAYMENT MADE TO MR. SWENEY FOR THE OTHERWISE ALLOWABLE COSTS INVOLVED IN THE SALE OF HIS RESIDENCE APPEARS PROPER.