B-166146, JUL. 11, 1969

B-166146: Jul 11, 1969

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WAS EMPLOYEE'S DUTY STATION AT TIME OF APPOINTMENT IN 1968 TO FULL TIME POSITION AND DOES NOT INDICATE THAT ANY DUTIES WERE PERFORMED AT LUBBOCK WHILE HE HELD WAE APPOINTMENT. THERE IS NO AUTHORITY FOR AMENDING HIS ORIGINAL APPOINTMENT TO SHOW POST OF DUTY AS LUBBOCK FOR PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES. ISHAM: REFERENCE IS MADE TO YOUR LETTER OF MAY 22. HE CONTINUED TO LIVE THERE SINCE HE WAS EMPLOYED THERE IN A PRIVATE CAPACITY FOR 10-1/2 MONTHS A YEAR. DOCTOR GILMORE WAS APPOINTED TO A FULL- TIME MANPOWER SHORTAGE POSITION IN AMARILLO AND SUBSEQUENTLY MOVED THERE. WE HELD FOR THE REASONS STATED THEREIN THAT DOCTOR GILMORE WAS NOT A "NEW APPOINTEE" FOR THE PURPOSE OF PAYING THE TRAVEL AND TRANSPORTATION EXPENSES AUTHORIZED BY 5 U.S.C. 5723.

B-166146, JUL. 11, 1969

CIVIL PAY - TRAVEL AND TRANSPORTATION EXPENSES DECISION TO CERTIFYING OFFICER OF THE BUREAU OF MINES, DEPARTMENT OF THE INTERIOR, DENYING CERTIFICATION OF VOUCHER FOR TRAVEL AND TRANSPORTATION EXPENSES INCIDENT TO APPOINTMENT. WHERE RECORD INDICATES THAT AMARILLO, TEXAS, WAS EMPLOYEE'S DUTY STATION AT TIME OF APPOINTMENT IN 1968 TO FULL TIME POSITION AND DOES NOT INDICATE THAT ANY DUTIES WERE PERFORMED AT LUBBOCK WHILE HE HELD WAE APPOINTMENT, THERE IS NO AUTHORITY FOR AMENDING HIS ORIGINAL APPOINTMENT TO SHOW POST OF DUTY AS LUBBOCK FOR PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES.

TO MISS GLADYS S. ISHAM:

REFERENCE IS MADE TO YOUR LETTER OF MAY 22, 1969, REQUESTING RECONSIDERATION OF OUR DECISION OF MAY 15, 1969, B-166146, CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER IN FAVOR OF DOCTOR EARL H. GILMORE COVERING REIMBURSEMENT FOR TRAVEL EXPENSES FOR HIMSELF AND TRANSPORTATION EXPENSES OF HIS DEPENDENTS AND HOUSEHOLD GOODS INCIDENT TO HIS EMPLOYMENT WITH YOUR AGENCY IN AMARILLO, TEXAS.

ON AUGUST 9, 1962, THE HELIUM ACTIVITY ENGAGED DOCTOR GILMORE AS A RESEARCH CHEMIST BY REINSTATEMENT UNDER A CAREER-CONDITIONAL APPOINTMENT ON A WHEN-ACTUALLY-EMPLOYED BASIS (WAE). AT THE TIME OF HIS WAE APPOINTMENT, DOCTOR GILMORE RESIDED IN LUBBOCK, TEXAS, AND HE CONTINUED TO LIVE THERE SINCE HE WAS EMPLOYED THERE IN A PRIVATE CAPACITY FOR 10-1/2 MONTHS A YEAR. ON JULY 1, 1968, DOCTOR GILMORE WAS APPOINTED TO A FULL- TIME MANPOWER SHORTAGE POSITION IN AMARILLO AND SUBSEQUENTLY MOVED THERE. IN OUR DECISION OF MAY 15, 1969, WE HELD FOR THE REASONS STATED THEREIN THAT DOCTOR GILMORE WAS NOT A "NEW APPOINTEE" FOR THE PURPOSE OF PAYING THE TRAVEL AND TRANSPORTATION EXPENSES AUTHORIZED BY 5 U.S.C. 5723. YOU NOW STATE THAT WHEN DOCTOR GILMORE WAS HIRED IN 1962 HIS DUTY STATION SHOULD HAVE BEEN IDENTIFIED AS LUBBOCK AND HE SHOULD HAVE BEEN REIMBURSED FOR TRAVEL AND TRANSPORTATION EXPENSES INCIDENT TO A TRANSFER FROM LUBBOCK TO AMARILLO UPON HIS APPOINTMENT TO A FULL-TIME POSITION. YOU, THEREFORE, ASK WHETHER DOCTOR GILMORE'S ORIGINAL APPOINTMENT PAPERS MAY BE AMENDED TO SHOW HIS POST OF DUTY AS LUBBOCK INSTEAD OF AMARILLO.

THE OFFICIAL STATION OF AN EMPLOYEE IS A MATTER OF FACT AND NOT MERELY ONE OF ADMINISTRATIVE DESIGNATION. IT CONSISTENTLY HAS BEEN HELD THAT AN EMPLOYEE'S OFFICIAL OR PERMANENT DUTY STATION IS THE PLACE AT WHICH HE ACTUALLY IS STATIONED, THAT IS, THE PLACE WHERE THE EMPLOYEE EXPECTS, AND IS EXPECTED, TO SPEND THE GREATER PART OF HIS TIME ON OFFICIAL BUSINESS. 32 COMP. GEN. 87, 88. AN ADMINISTRATIVE OFFICE MAY NOT FIX THE PERMANENT DUTY STATION OF AN EMPLOYEE AT A PLACE WHERE HE DOES NOT SPEND THE GREATER PART OF HIS TIME FOR THE PURPOSE OF PAYING TRAVEL EXPENSES. SEE 31 COMP. GEN. 289. IN THE INSTANT CASE, AMARILLO WAS DESIGNATED AS DOCTOR GILMORE'S DUTY STATION AND THERE IS NOTHING IN THE RECORD TO INDICATE THAT HE PERFORMED ANY DUTIES AT LUBBOCK. ON THE BASIS OF THE PRESENT RECORD, IT IS OUR VIEW THAT DOCTOR GILMORE'S ORIGINAL APPOINTMENT PAPERS MAY NOT BE AMENDED TO SHOW HIS WAE DUTY STATION AS LUBBOCK.