B-165839, JAN. 31, 1969

B-165839: Jan 31, 1969

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FC THIS IS IN REPLY TO YOUR REQUEST OF JULY 1. HE THEN CONTACTED THE TENANT WHO WAS RENTING HIS RESIDENCE BUT UPON ASCERTAINING THAT THE TENANT HAD RECEIVED MILITARY ORDERS FOR REASSIGNMENT IN JULY. SETTLEMENT INCIDENT TO THE SALE OF HIS RESIDENCE WAS MADE ON AUGUST 26. YOUR DOUBT IN THE MATTER ARISES FROM THE FACT THAT THE RESIDENCE WHICH WAS SOLD WAS NOT OCCUPIED BY MR. ANDERSSON ON JUNE 13 WHEN HE WAS FIRST DEFINITELY INFORMED HE WAS TO BE TRANSFERRED TO HAWAII. SUBSECTION 4.1B REQUIRES THE EMPLOYEE TO HAVE TITLE TO THE RESIDENCE SOLD AT THE TIME HE IS FIRST INFORMED THAT HE IS TO BE TRANSFERRED TO A NEW OFFICIAL STATION AND SUBSECTION 4.1C REQUIRES THE RESIDENCE SOLD TO BE THE EMPLOYEE'S ACTUAL RESIDENCE AT THAT TIME.

B-165839, JAN. 31, 1969

TO LIEUTENANT COLONEL R. D. BRIERCHECK, FC

THIS IS IN REPLY TO YOUR REQUEST OF JULY 1, 1968, REFERENCE HCFA-PT, FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE ON DECEMBER 18, 1968, FOR A DECISION AS TO THE ALLOWABILITY OF THE CLAIM OF MR. BERNDT E. ANDERSSON FOR REIMBURSEMENT OF EXPENSES INCURRED IN SELLING HIS HOUSE INCIDENT TO A TRANSFER FROM WASHINGTON, D.C., TO HONOLULU, HAWAII.

IN MAY 1966 MR. ANDERSSON RETURNED TO THE WASHINGTON, D.C. AREA FOR DUTY AFTER SERVING IN THE EUROPEAN AREA. HE THEN CONTACTED THE TENANT WHO WAS RENTING HIS RESIDENCE BUT UPON ASCERTAINING THAT THE TENANT HAD RECEIVED MILITARY ORDERS FOR REASSIGNMENT IN JULY, MR. ANDERSSON PERMITTED HIM TO REMAIN UNTIL JUNE 30. ON THAT DATE MR. ANDERSSON MOVED INTO THE HOUSE FOR THE SHORT PERIOD OF TIME BEFORE DEPARTURE FOR HAWAII. THE EMPLOYEE ARRIVED AT HIS NEW DUTY STATION ON JULY 29, 1966, AND SETTLEMENT INCIDENT TO THE SALE OF HIS RESIDENCE WAS MADE ON AUGUST 26, 1966. YOUR DOUBT IN THE MATTER ARISES FROM THE FACT THAT THE RESIDENCE WHICH WAS SOLD WAS NOT OCCUPIED BY MR. ANDERSSON ON JUNE 13 WHEN HE WAS FIRST DEFINITELY INFORMED HE WAS TO BE TRANSFERRED TO HAWAII.

SECTION 4.1 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 STATES THE CONDITIONS AND REQUIREMENTS UNDER WHICH A TRANSFERRED EMPLOYEE MAY BE REIMBURSED FOR EXPENSES INCURRED IN SELLING HIS RESIDENCE AT THE OLD OFFICIAL STATION. SUBSECTION 4.1B REQUIRES THE EMPLOYEE TO HAVE TITLE TO THE RESIDENCE SOLD AT THE TIME HE IS FIRST INFORMED THAT HE IS TO BE TRANSFERRED TO A NEW OFFICIAL STATION AND SUBSECTION 4.1C REQUIRES THE RESIDENCE SOLD TO BE THE EMPLOYEE'S ACTUAL RESIDENCE AT THAT TIME.

IN THE INSTANT CASE MR. ANDERSSON HAD TITLE TO THE RESIDENCE SOLD AT THE TIME HE RETURNED FROM OVERSEAS AND HAD MADE ARRANGEMENTS TO REOCCUPY IT AT THE TIME HE WAS FIRST INFORMED HE WAS TO BE TRANSFERRED TO HONOLULU. VIEW OF THIS, WE BELIEVE THE CONDITIONS OF SECTION 4.1 OF THE CIRCULAR HAVE BEEN SUBSTANTIALLY MET. ACCORDINGLY, THE VOUCHER RETURNED HEREWITH MAY BE PAID IF OTHERWISE PROPER.