B-167229, JUL. 23, 1969

B-167229: Jul 23, 1969

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SINCE THE TRAVEL WAS PERFORMED UNDER THE AUTHORITY OF THE TRAINING PROVISIONS OF CHAPTER 41. REIMBURSEMENT FOR ITEMS CLAIMED IS SPECIFICALLY PROHIBITED BY BUREAU OF THE BUDGET CIRCULAR NO. NO BASIS IS FOUND FOR EXCEPTING CLAIMANT AND OTHER EMPLOYEES OF NSA FROM PROVISIONS OF BOB CIRCULAR NO. WHICH WAS FORWARDED HERE BY THE PER DIEM. RASKIN WAS STATIONED AT FORT GEORGE G. YOU SAY THAT THE ONLY PURPOSE FOR HIS TRAVEL TO TAIWAN WAS TO PARTICIPATE IN TRAINING ALTHOUGH THE ORDERS ENCLOSED WHICH AUTHORIZED AND DIRECTED HIS TRAVEL TO AND FROM THAT PLACE WERE THE USUAL "PERMANENT CHANGE OF STATION" ORDERS CONTAINING NO INDICATION THAT THE PURPOSE FOR THE TRAVEL WAS TRAINING. THE VOUCHER PRESENTED IS FOR PAYMENT OF THE MISCELLANEOUS EXPENSE ALLOWANCE AND TRAVEL PER DIEM FOR THE EMPLOYEE'S SPOUSE AND FOR REIMBURSEMENT OF SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS UPON RETURN FROM TAIWAN.

B-167229, JUL. 23, 1969

CIVIL PAY - RELOCATION EXPENSES - REIMBURSEMENT DECISION TO FINANCE AND ACCOUNTING OFFICER OF NATIONAL SECURITY AGENCY (NSA) HOLDING THAT VOUCHER FOR MISCELLANEOUS EXPENSES AND PER DIEM FOR EMPLOYEE'S SPOUSE INCIDENT TO A TRAINING ASSIGNMENT PERFORMED IN TAIWAN FROM AUGUST 1967 TO AUGUST 1968 MAY NOT BE PAID. SINCE THE TRAVEL WAS PERFORMED UNDER THE AUTHORITY OF THE TRAINING PROVISIONS OF CHAPTER 41, TITLE 5, U.S. CODE, REIMBURSEMENT FOR ITEMS CLAIMED IS SPECIFICALLY PROHIBITED BY BUREAU OF THE BUDGET CIRCULAR NO. A- 56. SEE SECTIONS 2.2C (4), 2.5C, AND 3.2B. NO BASIS IS FOUND FOR EXCEPTING CLAIMANT AND OTHER EMPLOYEES OF NSA FROM PROVISIONS OF BOB CIRCULAR NO. A-56 WHICH DENY PERMANENT CHANGE-OF STATION BENEFITS IN CASE OF TRAVEL PERFORMED FOR TRAINING.

TO MAJOR J. E. INGLES:

WE REFER TO YOUR LETTER OF APRIL 28, 1969, YOUR REFERENCE D5/0735F, WHICH WAS FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE ON JUNE 9, 1969, PDTATAC CONTROL NO. 69-19. YOU REQUEST OUR ADVANCE DECISION WHETHER YOU MAY PAY THE ENCLOSED VOUCHER OF MR. SAMUEL R. RASKIN, AN EMPLOYEE OF THE NATIONAL SECURITY AGENCY, TO REIMBURSE HIM CERTAIN EXPENSES INCIDENT TO A TRAINING ASSIGNMENT HE PERFORMED IN TAIWAN FROM AUGUST 1967, TO AUGUST 1968.

THE TRAVEL ORDERS ATTACHED TO YOUR LETTER SHOW THAT MR. RASKIN WAS STATIONED AT FORT GEORGE G. MEADE, MARYLAND, BEFORE AND AFTER HIS PERIOD OF TRAINING IN TAIWAN. YOU SAY THAT THE ONLY PURPOSE FOR HIS TRAVEL TO TAIWAN WAS TO PARTICIPATE IN TRAINING ALTHOUGH THE ORDERS ENCLOSED WHICH AUTHORIZED AND DIRECTED HIS TRAVEL TO AND FROM THAT PLACE WERE THE USUAL "PERMANENT CHANGE OF STATION" ORDERS CONTAINING NO INDICATION THAT THE PURPOSE FOR THE TRAVEL WAS TRAINING. THE VOUCHER PRESENTED IS FOR PAYMENT OF THE MISCELLANEOUS EXPENSE ALLOWANCE AND TRAVEL PER DIEM FOR THE EMPLOYEE'S SPOUSE AND FOR REIMBURSEMENT OF SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS UPON RETURN FROM TAIWAN. ALL OF THE ITEMS CLAIMED WOULD BE FOR CONSIDERATION UNDER 5 U.S.C. 5724A AND THE PROVISIONS OF THE BUREAU OF THE BUDGET CIRCULAR NO. A-56 IF THE TRAVEL HAD IN FACT INVOLVED A NORMAL CHANGE OF OFFICIAL STATION. HOWEVER, SINCE THE TRAVEL WAS PERFORMED UNDER THE AUTHORITY OF THE TRAINING PROVISIONS OF CHAPTER 41 OF TITLE 5, U.S.C. (FORMERLY THE GOVERNMENT EMPLOYEES TRAINING ACT), REIMBURSEMENT OF THE ITEMS CLAIMED IS SPECIFICALLY PROHIBITED BY CIRCULAR A-56. SEE SECIONS 2.2C (4), 2.5C, AND 3.2B OF THAT CIRCULAR.

FURTHER, 5 U.S.C. 4109 PROVIDES IN PERTINENT PART:

"/A) THE HEAD OF AN AGENCY * * * MAY

* * * * * * * "/2) PAY, OR REIMBURSE THE EMPLOYEE FOR, ALL OR PART OF THE NECESSARY EXPENSES OF THE TRAINING * * * INCLUDING AMONG THE EXPENSES THE NECESSARY COSTS OF "/A) TRAVEL AND PER DIEM INSTEAD OF SUBSISTENCE UNDER SUBCHAPTER I OF CHAPTER 57 OF THIS TITLE * * * "/B) TRANSPORTATION OF IMMEDIATE FAMILY, HOUSEHOLD GOODS AND PERSONAL EFFECTS, PACKING, CRATING, TEMPORARILY STORING, DRAYING, AND UNPACKING UNDER SECTION 5724 OF THIS TITLE * * * WHEN THE ESTIMATED COST OF TRANSPORTATION AND RELATED SERVICES ARE LESS THAN THE ESTIMATED AGGREGATE PER DIEM PAYMENTS FOR THE PERIOD OF TRAINING; * * *" SINCE THAT PROVISION DOES NOT AUTHORIZE PAYMENT OR REIMBURSEMENT OF THE TYPES OF EXPENSES HERE IN QUESTION IN CONNECTION WITH TRAINING ASSIGNMENTS, THE CITED PROVISIONS OF CIRCULAR NO. A-56, WHICH PRECLUDE PAYMENT OF SUCH BENEFITS IN THE CASE OF TRAVEL FOR TRAINING PURPOSES ARE CONTROLLING. SEE B-162915, FEBRUARY 1, 1968.

THEREFORE, WE FIND NO BASIS FOR EXCEPTING MR. RASKIN AND OTHER EMPLOYEES OF THE NATIONAL SECURITY AGENCY FROM THE PROVISIONS OF CIRCULAR NO. A-56 WHICH DENY CERTAIN BENEFITS IN CASE OF TRAVEL PERFORMED UNDER THE TRAINING PROVISONS REFERRED TO ABOVE.

WE DO NOT BELIEVE THAT THE ISSUANCE OF INVITATIONAL ORDERS BY THE DEPARTMENT OF STATE TO EMPLOYEES OF YOUR AGENCY WHO PARTICIPATE IN OVERSEAS TRAINING PROGRAMS WOULD ENTITLE THEM TO ADDITIONAL BENEFITS SINCE THE RESTRICTIONS REGARDING TRAINING WOULD STILL BE APPLICABLE. ANY IMPROPER PAYMENTS MADE IN THE PAST TO EMPLOYEES TRAVELING UNDER SIMILAR ORDERS FOR TRAINING SHOULD BE RECOVERED.

THE VOUCHER FORWARDED FOR OUR CONSIDERATION MAY NOT BE PAID AND IS RETAINED IN OUR FILES.