B-166030, FEB. 19, 1969

B-166030: Feb 19, 1969

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MOOREN STATES THAT HE WAS CONTACTED SOMETIME IN JUNE 1967 AND ASKED WHETHER HE WOULD BE INTERESTED IN TRANSFERRING FROM HIS HEADQUARTERS IN CLEVELAND. ALSO THAT LATER HE WAS CONTACTED BY THE PERSONNEL OFFICE OF THE HEADQUARTERS. MOOREN WAS VERBALLY AUTHORIZED TO REPORT TO WASHINGTON ON SEPTEMBER 5. WERE ISSUED WHICH AUTHORIZED HIS TRANSFER FROM THE NAVY FINANCE CENTER. THE ORDERS DID NOT STATE THAT THIS WAS A TRAINING SITE OR THAT SUBSEQUENT ORDERS WOULD BE FORTHCOMING. DID NOT AUTHORIZE SHIPMENT OF HOUSEHOLD GOODS OR REIMBURSEMENT OF EXPENSES FOR TRANSPORTATION OF HIS DEPENDENTS WHICH ARE GENERALLY AUTHORIZED ON A PERMANENT CHANGE OF STATION. WAS NOT HIS ULTIMATE DUTY STATION. WAS MR.

B-166030, FEB. 19, 1969

TO LIEUTENANT COLONEL S. A. WEIMER, JR., USMC:

THIS REFERS TO YOUR LETTER OF JANUARY 13, 1969, CA3-RLH-DC, WITH ENCLOSURES, FORWARDED HERE BY THE COMMANDING OFFICER, MARINE CORPS FINANCE CENTER, ON JANUARY 17, 1969, CO-JR-MEC, REQUESTING A DECISION WHETHER YOU MAY PROPERLY REIMBURSE MR. WILLIAM E. MOOREN, AN EMPLOYEE OF THE MARINE CORPS FINANCE CENTER, FOR EXPENSES INCURRED IN SELLING HIS HOME IN THE AMOUNT OF $1,341.20 INCIDENT TO A TRANSFER OF STATION.

MR. MOOREN STATES THAT HE WAS CONTACTED SOMETIME IN JUNE 1967 AND ASKED WHETHER HE WOULD BE INTERESTED IN TRANSFERRING FROM HIS HEADQUARTERS IN CLEVELAND, OHIO, TO THE U.S. MARINE CORPS FINANCE CENTER BEING ESTABLISHED IN KANSAS CITY, MISSOURI, ON OR ABOUT AUGUST 1, 1967; ALSO THAT LATER HE WAS CONTACTED BY THE PERSONNEL OFFICE OF THE HEADQUARTERS, MARINE CORPS, WASHINGTON D.C., AND ASKED IF HE WOULD COME TO WASHINGTON, D.C., FOR A FEW MONTHS FOR INDOCTRINATION AND TRAINING PRIOR TO THE TRANSFER OF THE FINANCIAL ACCOUNTS BRANCH TO KANSAS CITY.

MR. MOOREN WAS VERBALLY AUTHORIZED TO REPORT TO WASHINGTON ON SEPTEMBER 5, 1967, AND CONFIRMATORY ORDERS DATED SEPTEMBER 20, 1967, WERE ISSUED WHICH AUTHORIZED HIS TRANSFER FROM THE NAVY FINANCE CENTER, CLEVELAND, TO HEADQUARTERS, MARINE CORPS, WASHINGTON, D.C. THE ORDERS DID NOT STATE THAT THIS WAS A TRAINING SITE OR THAT SUBSEQUENT ORDERS WOULD BE FORTHCOMING. HOWEVER, AS INDICATED BY YOU, THE ORDERS DATED SEPTEMBER 20, 1967, DID NOT AUTHORIZE SHIPMENT OF HOUSEHOLD GOODS OR REIMBURSEMENT OF EXPENSES FOR TRANSPORTATION OF HIS DEPENDENTS WHICH ARE GENERALLY AUTHORIZED ON A PERMANENT CHANGE OF STATION. SINCE THE EMPLOYEE UNDERSTOOD THAT WASHINGTON, D.C., WAS NOT HIS ULTIMATE DUTY STATION, HE DID NOT BRING HIS DEPENDENTS THERE AND THEY CONTINUED TO LIVE AT HIS RESIDENCE IN CLEVELAND. PURSUANT TO ORDERS DATED DECEMBER 15, 1967, MR. MOOREN REPORTED FOR DUTY AT THE MARINE CORPS FINANCE CENTER, KANSAS CITY, ON DECEMBER 28, 1968. HE SOLD HIS HOME IN CLEVELAND ON JULY 23, 1968.

YOUR DOUBT IN THE MATTER ARISES BECAUSE YOU CANNOT DETERMINE WHETHER CLEVELAND OR WASHINGTON, D.C., WAS MR. MOOREN'S LAST DUTY STATION FOR THE PURPOSE OF DETERMINING HIS ENTITLEMENT TO REIMBURSEMENT OF REAL ESTATE EXPENSES. REIMBURSEMENT OF REAL ESTATE FEES IN CONNECTION WITH A TRANSFER OF OFFICIAL STATION IS GOVERNED BY SECTION 4.1 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, WHICH PROVIDES IN PART:

"4.1 CONDITIONS AND REQUIREMENTS UNDER WHICH ALLOWANCES MAY BE PAID. THE EXTENT ALLOWABLE UNDER THIS PROVISION, THE GOVERNMENT WILL REIMBURSE AN EMPLOYEE FOR EXPENSES REQUIRED TO BE PAID BY HIM IN CONNECTION WITH THE SALE OF ONE RESIDENCE AT HIS OLD OFFICIAL STATION; * * * PROVIDED THAT:

"A. A PERMANENT CHANGE OF STATION IS AUTHORIZED OR APPROVED * * *.

"C. THE DWELLING AT THE OLD OFFICIAL STATION WAS THE EMPLOYEE'S ACTUAL RESIDENCE AT THE TIME HE WAS FIRST DEFINITELY INFORMED THAT HE IS TO BE TRANSFERRED TO THE NEW OFFICIAL STATION.'

IN VIEW OF THE CIRCUMSTANCES RELATED ABOVE, IT REASONABLY MAY BE CONCLUDED THAT WASHINGTON, C., WAS AN INTERMEDIATE STATION FOR THE PURPOSES OF TRAINING AND THAT MR. MOOREN'S ULTIMATE AND PERMANENT DUTY STATION WAS KANSAS CITY. B-164043, MAY 28, 1968. HIS CLAIM FOR EXPENSES IN CONNECTION WITH THE SALE OF HIS HOME IN CLEVELAND, OHIO, MAY BE ALLOWED ON THAT BASIS IF OTHERWISE CORRECT.