B-167735, SEP 9, 1969

B-167735: Sep 9, 1969

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EMPLOYEE WHO WAS RESIDING IN HAWAII AT TIME OF APPOINTMENT AND WHO SUBSEQUENTLY TRANSFERRED FROM FEDERAL AVIATION ADMINISTRATION IN HONOLULU TO DEPARTMENT OF AGRICULTURE IN WASHINGTON MUST BE REGARDED AS A LOCALLY HIRED EMPLOYEE AND THEREFORE THE REGULATIONS PRECLUDE TRANSPORTATION OF THEIR PRIVATELY OWNED VEHICLES TO UNITED STATES. MAHAN WAS TRANSFERRED ON A PERMANENT CHANGE OF STATION FROM A POSITION WITH THE DEPARTMENT OF TRANSPORTATION. MAHAN WAS HIRED LOCALLY BY THE FAA WHILE RESIDING IN HAWAII. THAT HIS "ACTUAL PLACE OF RESIDENCE" AT TIME OF HIRE BY FAA WAS HAWAII AND THAT HAD HE SEPARATED FROM THE SERVICE NO ENTITLEMENT WOULD HAVE EXISTED FOR RETURN TRANSPORTATION TO THE CONTINENTAL UNITED STATES. 5 U.S.C. 5727(B) PROVIDES THAT UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE.

B-167735, SEP 9, 1969

CIVIL PAY - TRANSPORTATION - PRIVATELY OWNED AUTOMOBILE DECISION TO CERTIFYING OFFICER OF FOREST SERVICE CONCLUDING THAT VOUCHER REPRESENTING COST OF SHIPPING EMPLOYEE'S AUTOMOBILE TO CONTINENTAL UNITED STATES FROM OVERSEAS DUTY STATION MAY NOT BE CERTIFIED. EMPLOYEE WHO WAS RESIDING IN HAWAII AT TIME OF APPOINTMENT AND WHO SUBSEQUENTLY TRANSFERRED FROM FEDERAL AVIATION ADMINISTRATION IN HONOLULU TO DEPARTMENT OF AGRICULTURE IN WASHINGTON MUST BE REGARDED AS A LOCALLY HIRED EMPLOYEE AND THEREFORE THE REGULATIONS PRECLUDE TRANSPORTATION OF THEIR PRIVATELY OWNED VEHICLES TO UNITED STATES.

TO MR. LOUIS B. ANDERSON:

THIS REFERS TO YOUR LETTER OF AUGUST 15, 1969, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER YOU MAY CERTIFY THE VOUCHER OF MR. RICHARD O. MAHAN IN THE AMOUNT OF $143.82 REPRESENTING SHIPPING COST OF AN AUTOMOBILE TO THE CONTINENTAL UNITED STATES FROM AN OVERSEAS DUTY STATION.

THE RECORD SHOWS THAT MR. MAHAN WAS TRANSFERRED ON A PERMANENT CHANGE OF STATION FROM A POSITION WITH THE DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION (FAA) IN HONOLULU, HAWAII, TO THE DEPARTMENT OF AGRICULTURE IN WASHINGTON, D. C. INCIDENT TO THE TRANSFER HE REQUESTED SHIPMENT OF HIS PRIVATELY OWNED VEHICLE. MR. MAHAN WAS HIRED LOCALLY BY THE FAA WHILE RESIDING IN HAWAII. WE ASSUME, THEREFORE, THAT HIS "ACTUAL PLACE OF RESIDENCE" AT TIME OF HIRE BY FAA WAS HAWAII AND THAT HAD HE SEPARATED FROM THE SERVICE NO ENTITLEMENT WOULD HAVE EXISTED FOR RETURN TRANSPORTATION TO THE CONTINENTAL UNITED STATES.

5 U.S.C. 5727(B) PROVIDES THAT UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, THE PRIVATELY OWNED MOTOR VEHICLE OF AN EMPLOYEE MAY BE TRANSPORTED AT GOVERNMENT EXPENSE TO, FROM, AND BETWEEN THE CONTINENTAL UNITED STATES, OR BETWEEN POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES.

THE REGULATIONS ISSUED PURSUANT TO 5 U.S.C. 5727(B) ARE CONTAINED IN THE BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966. SECTION 10.2C PROVIDES IN PART AS FOLLOWS:

"C. WHEN AN EMPLOYEE IS TRANSFERRED FROM AN OFFICIAL STATION OUTSIDE THE CONTINENTAL UNITED STATES TO AN OFFICIAL STATION WITHIN THE CONTINENTAL UNITED STATES. A MOTOR VEHICLE MAY BE TRANSPORTED AT GOVERNMENT EXPENSE IF IT WAS DETERMINED, AS PROVIDED IN SUBSECTION 10.2A(3) THAT IT WAS IN THE GOVERNMENT'S INTEREST FOR THE EMPLOYEE TO HAVE THE USE OF A PRIVATELY OWNED MOTOR VEHICLE AT THE OFFICIAL STATION FROM WHICH THE EMPLOYEE IS BEING TRANSFERRED AND IF EITHER (1) THE EMPLOYEE'S TRANSFER IS FOR THE CONVENIENCE OF THE GOVERNMENT AND NOT AT THE REQUEST OF THE EMPLOYEE, OR (2) THE EMPLOYEE HAS COMPLETED AN AGREED UPON PERIOD OF SERVICE AT THE POST OF DUTY FROM WHICH HE IS BEING TRANSFERRED. THE MAXIMUM ALLOWANCE SHALL BE THE COST OF TRANSPORTING THE VEHICLE FROM THE POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES TO THE PLACE OF ACTUAL RESIDENCE AT THE TIME THE EMPLOYEE WAS APPOINTED OR AT THE TIME HE WAS ORIGINALLY TRANSFERRED TO A POST OUTSIDE THE CONTINENTAL UNITED STATES ***"

IN A SITUATION, SUCH AS PRESENTED HERE, WHERE THE EMPLOYEE WAS RESIDING IN HAWAII AT TIME OF APPOINTMENT AND WAS LOCALLY HIRED, THE REGULATIONS DO NOT AUTHORIZE THE TRANSPORTATION TO THE CONTINENTAL UNITED STATES AT GOVERNMENT EXPENSE OF HIS PRIVATELY OWNED VEHICLE UPON A TRANSFER OF STATION.

ACCORDINGLY, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.