B-166752, JUL. 2, 1969

B-166752, JUL. 2, 1969

TO MR. JOHN L. SMITH:

YOUR LETTER OF APRIL 16, 1969, REFERENCE AD571X12, SUBMITS REIMBURSEMENT VOUCHERS FROM MR. RAFAEL CAPO-DOMINGUEZ, AN EMPLOYEE OF YOUR ADMINISTRATION IN THE AMOUNTS OF $1,158.94 AND $494.64, COVERING CERTAIN EXPENSES INCURRED BY HIM IN CONNECTION WITH TWO SUCCESSIVE PERMANENT CHANGES OF STATION ADMINISTRATIVELY AUTHORIZED IN A SHORT PERIOD OF TIME. YOU ASK WHETHER THE VOUCHERS MAY BE CERTIFIED FOR PAYMENT UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED.

BY TRAVEL ORDER FW-69-138, DATED NOVEMBER 8, 1968, MR. CAPO DOMINGUEZ WAS ADMINISTRATIVELY AUTHORIZED A PERMANENT CHANGE OF STATION FROM LITTLE ROCK, ARKANSAS, TO JACKSON, MISSISSIPPI. HE WAS AUTHORIZED TO TRAVEL BY PRIVATELY OWNED VEHICLE AT THE RATE OF 10 CENTS PER MILE ACCOMPANIED BY HIS WIFE AND DAUGHTER. THE PER DIEM RATES AUTHORIZED WERE IN ACCORDANCE WITH ESSA TRAVEL HANDBOOK. HE HAD SIGNED THE REQUIRED AGREEMENT TO REMAIN IN THE SERVICE FOR A YEAR, HOUSEHOLD GOODS WERE TO BE SHIPPED AND TEMPORARY QUARTERS ALLOWANCE WAS AUTHORIZED. SUCH ORDERS STATED THAT ALL ALLOWABLE PROVISIONS OF PUBLIC LAW 89-516 WERE APPROVED FOR SUCH TRANSFER. AN AMENDMENT TO THE FOREGOING ORDERS WAS ISSUED AUTHORIZING THE EMPLOYEE TO TRAVEL SEPARATELY BECAUSE OF THE SUDDEN ILLNESS OF HIS WIFE; THE MILEAGE RATE WAS CHANGED TO 6 CENTS AND 8 CENTS FOR SEPARATE TRAVEL, EMPLOYEE ALONE, WIFE AND DAUGHTER, RESPECTIVELY.

UNDER DATE OF DECEMBER 3, 1968, TRAVEL ORDER FW-69-144 AUTHORIZED A PERMANENT CHANGE OF STATION FOR MR. CAPO-DOMINGUEZ FROM JACKSON, MISSISSIPPI, TO ALBUQUERQUE, NEW MEXICO, TO BEGIN ON OR ABOUT DECEMBER 30, 1968. PRIVATELY OWNED VEHICLE WAS AUTHORIZED AT THE RATE OF 10 CENTS PER MILE ACCOMPANIED BY WIFE AND DAUGHTER; PER DIEM AUTHORIZED FOR SELF AND DEPENDENTS; TEMPORARY QUARTERS AUTHORIZED AS WELL AS MISCELLANEOUS EXPENSES; TEMPORARY STORAGE AND SHIPMENT OF HOUSEHOLD GOODS. THE REQUIRED AGREEMENT TO REMAIN IN THE SERVICE FOR ONE YEAR WAS ALSO EXECUTED. DECEMBER 14, 1968, TRAVEL ORDER FW-69-144 WAS AMENDED AUTHORIZING TRAVEL BY AUTO AND INDIRECT ROUTE VIA JACKSONVILLE AT 6 CENTS PER MILE FOR EMPLOYEE TO PICK UP DEPENDENTS AND SHIP HOUSEHOLD GOODS, THEN TO ALBUQUERQUE AT 10 CENTS PER MILE.

MR. CAPO-DOMINGUEZ REPORTED TO HIS NEW DUTY STATION, JACKSON, MISSISSIPPI, NOVEMBER 19, 1968, IN CONNECTION WITH HIS FIRST TRANSFER. HOWEVER, HIS DEPENDENTS REAMINED AT THE OLD DUTY STATION BECAUSE OF THE ILLNESS OF HIS WIFE. HE HAD AGREED WITH A REAL ESTATE BROKER FOR THE SALE OF HIS RESIDENCE AT JACKSONVILLE, ARKANSAS, PRIOR TO DEPARTING LITTLE ROCK. WITHIN A FEW DAYS AFTER REPORTING TO JACKSON, MR. CAPO DOMINGUEZ WAS ADMINISTRATIVELY ADVISED THAT HE WAS BEING CONSIDERED FOR A POSITION IN ALBUQUERQUE, NEW MEXICO, FOR WHICH HE HAD MADE APPLICATION AND WAS ADMINISTRATIVELY CONSIDERED TO BE THE BEST QUALIFIED. HE WAS AUTHORIZED A PERMANENT CHANGE OF STATION FROM JACKSON, MISSISSIPPI, TO ALBUQUERQUE, NEW MEXICO, LESS THAN A MONTH AFTER REPORTING TO JACKSON ON THE FIRST TRANSFER. HE DEPARTED JACKSON ON DECEMBER 16, 1968, PICKED UP HIS FAMILY AT JACKSONVILLE, ARKANSAS, AND REPORTED FOR DUTY AT ALBUQUERQUE DECEMBER 19, 1968, AND SHIPPED HIS HOUSEHOLD GOODS FROM JACKSONVILLE TO ALBUQUERQUE.

MR. CAPO-DOMINGUEZ'S VOUCHER COVERING HIS CLAIM FOR REIMBURSEMENT OF CERTAIN EXPENSES UPON TRANSFER FROM LITTLE ROCK TO JACKSON INCLUDES MILEAGE AND TEMPORARY QUARTERS ALLOWANCE FOR HIMSELF. IN ADDITION HE CLAIMS CERTAIN EXPENSES AS BEING INCIDENT TO DISCONTINUING HIS RESIDENCE AT JACKSONVILLE AND OTHER EXPENSES FOR THE SALE OF HIS RESIDENCE AT JACKSONVILLE. THE SALE THEREOF WAS CONSUMMATED IN MARCH 1969, WHICH WAS WITHIN A YEAR FROM THE DATE HE REPORTED ON HIS FIRST CHANGE OF STATION.

THE VOUCHER COVERING HIS CLAIM FOR REIMBURSEMENT OF CERTAIN EXPENSES UPON TRANSFER FROM JACKSON TO ALBUQUERQUE INCLUDES MILEAGE FOR HIMSELF AT 6 CENTS PER MILE FROM JACKSON, MISSISSIPPI, TO JACKSONVILLE, ARKANSAS, TO PICK UP HIS FAMILY AND MILEAGE AT 10 CENTS PER MILE FROM THAT POINT TO ALBUQUERQUE, NEW MEXICO, HIS NEW DUTY STATION TO WHICH HE WAS ADMINISTRATIVELY ORDERED AFTER LESS THAN A MONTH AT JACKSON, PER DIEM FOR THE EMPLOYEE, HIS WIFE AND DAUGHTER DURING THE TRIP BY PRIVATELY OWNED VEHICLE, TEMPORARY QUARTERS ALLOWANCE AND MISCELLANEOUS EXPENSE ALLOWANCE.

UNDER THE PROVISIONS OF SECTION 2 COVERING AUTHORIZED ALLOWANCES FOR SUBSISTENCE AND TRANSPORTATION, BUREAU OF BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, AND THE TRAVEL ORDERS ISSUED TO MR. CAPO DOMINGUEZ COVERING THE TWO SUCCESSIVE PERMANENT CHANGES OF STATION BY PRIVATELY OWNED VEHICLE THE CLAIMANT IS ENTITLED -- SUBSECTION 2.3 -- TO MILEAGE AT 6 CENTS PER MILE, LITTLE ROCK TO JACKSON, SINCE HIS FAMILY WAS PREVENTED BY ILLNESS FROM ACCOMPANYING HIM. HE WOULD ONLY BE ENTITLED UNDER THE SAME SUBSECTION ON THE SECOND TRANSFER FROM JACKSONVILLE TO ALBUQUERQUE TO MILEAGE BY THE USUALLY TRAVELED ROUTE BETWEEN SUCH POINTS AT THE RATE OF 10 CENTS PER MILE ACCOMPANIED BY HIS FAMILY.

IN ADDITION, ON A CONSTRUCTIVE DIRECT MILEAGE BASIS BETWEEN JACKSON AND ALBUQUERQUE, 6 CENTS PER MILE IS ALLOWABLE FOR ANY MILEAGE IN EXCESS OF THAT ALLOWABLE AT THE 10 CENTS PER MILE RATE INDICATED ABOVE. PER DIEM FOR FAMILY WOULD BE ALLOWABLE ON BASIS OF TRAVEL FROM JACKSONVILLE. FOR THE EMPLOYEE PER DIEM SHOULD BE ON BASIS OF CONSTRUCTIVE DIRECT TRAVEL BETWEEN JACKSON AND ALBUQUERQUE.

MR. CAPO-DOMINGUEZ LIVED IN HIS HOUSE AT JACKSONVILLE, ARKANSAS (LITTLE ROCK WAS HIS PERMANENT DUTY STATION), WHEN HE WAS TRANSFERRED NOVEMBER 19, 1968, TO JACKSON, MISSISSIPPI. HE HAD PLACED HIS RESIDENCE ON THE MARKET FOR SALE AND SUCH SALE WAS CONSUMMATED IN MARCH 1969. THUS HE MET THE REQUIREMENTS OF SECTION 4.1 OF THE FOREGOING CIRCULAR ENTITLING HIM TO REIMBURSEMENT OF CERTAIN EXPENSES CONNECTED WITH SUCH TRANSACTION. WHILE HIS WIFE UNEXPECTEDLY DID NOT ACCOMPANY HIM ON THE FIRST TRANSFER BECAUSE OF SUDDEN ILLNESS AND ALTHOUGH HE WAS AGAIN TRANSFERRED BEFORE THE SALE OF HIS RESIDENCE WAS CONSUMMATED, THESE SITUATIONS HAD NO EFFECT UPON HIS RIGHTS ACQUIRED BY VIRTUE OF HIS FIRST OFFICIAL TRANSFER. THUS THE CASE IS DISTINGUISHABLE FROM THE ONE YOU CITE, I.E., 46 COMP. GEN. 703 (B- 160898, MARCH 10, 1967). IN THAT CASE THE EMPLOYEE'S PERMANENT DUTY STATION WAS WASHINGTON, D.C., HIS FAMILY RESIDED IN THE RESIDENCE IN MICHIGAN AND THE EMPLOYEE WAS GIVEN A PERMANENT CHANGE OF STATION FROM WASHINGTON, D.C., TO OKLAHOMA CITY, OKLAHOMA. SINCE THE HOME HE SOLD WAS IN MICHIGAN AND NOT IN WASHINGTON, D.C., HIS DUTY STATION, HE DID NOT MEET THE REQUIREMENTS OF SECTION 4.1 REFERRED TO ABOVE AND THUS WAS NOT ENTITLED TO REIMBURSEMENT THEREUNDER OF THE ALLOWABLE EXPENSES IN CONNECTION WITH SUCH TRANSACTION. IF THE ITEM OF $741 REPRESENTING A 5 PERCENT COMMISSION ON THE SALE PRICE OF THE RESIDENCE, $14,829, IS NOT IN EXCESS OF THE RATE GENERALLY CHARGED IN THE LOCALITY, THAT AMOUNT IS FOR ALLOWANCE. WE CANNOT IDENTIFY FROM THE RECORD WHAT THE REMAINING $45 REPRESENTS, I.E., $786 MINUS $741, REFERRED TO ABOVE. THAT SUM APPEARS TO HAVE BEEN PAID TO BEACH ABSTRACT COMPANY. SHOULD SUCH PAYMENT REPRESENT A COST COMPARABLE TO THOSE RELATED IN SECTION 4.2 OF THE FOREGOING CIRCULAR REIMBURSEMENT THEREOF WOULD ALSO BE PROPER.

WE NOTE THAT SPECIFIC OFFICIAL AUTHORIZATION WAS NOT GIVEN UNDER THE FIRST TRANSFER FOR A MISCELLANEOUS EXPENSE ALLOWANCE, ALTHOUGH ALL APPLICABLE PROVISIONS OF PUBLIC LAW 89-516 WERE ADMINISTRATIVELY APPROVED. THE RECORD SHOWS A CERTAIN MISCELLANEOUS EXPENSE COST, I.E., DISCONNECT APPLIANCES AND EQUIPMENT, $90. ALSO, INCLUDED IS AN ITEM OF $7.50 REPRESENTING "RE-INSTALL TV T.' THE OTHER ITEMS CLAIMED INVOLVE PARKING FEE AT JACKSON AIRPORT, $2; TAXI FARES FOR SPOUSE DURING 30 DAYS CLAIMANT WORKED AT JACKSON; LONG DISTANCE CALLS FROM JACKSON TO JACKSONVILLE (THOSE LATTER ITEMS APPEAR TO BE PERSONAL AND NOT ALLOWABLE INASMUCH AS SECTION 3 OF THE FOREGOING CIRCULAR DOES NOT PROVIDE FOR SUCH EXPENDITURES). IT IS NOTED THAT ALL SUCH ITEMS LISTED BY THE CLAIMANT WHETHER ALLOWABLE OR NOT DO NOT TOTAL $200. IN ANY EVENT, THERE APPEARS TO HAVE BEEN ONLY ONE CHANGE OF PERMANENT RESIDENCE INVOLVED.

WE CONCLUDE THAT UNDER THE FOREGOING CIRCUMSTANCES MR. CAPO DOMINGUEZ IS ENTITLED TO ONLY ONE MISCELLANEOUS EXPENSE ALLOWANCE IN THE SUM OF $200. SEE SECTIONS 3.1 AND 3.2, CIRCULAR NO. A-56, REFERRED TO ABOVE. THE PAPERS SUBMITTED BY YOU ARE RETURNED HEREWITH.

ADMINISTRATIVE SETTLEMENT SHOULD BE MADE IN THIS CASE IN ACCORDANCE WITH THE FOREGOING, IF OTHERWISE CORRECT. CONGRESSIONAL INTEREST HAS ARISEN CONCERNING THIS MATTER AND WE HAVE TODAY FURNISHED THE MEMBER OF CONGRESS A COPY OF OUR DECISION.