B-167860, OCT. 31, 1969

B-167860: Oct 31, 1969

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RESULTING FROM FACT HE WAS ADVANCED FUNDS ON BASIS OF TRANSFER FROM GRAND RAPIDS. WHEREAS HE WAS HELD ENTITLED ONLY TO REIMBURSEMENT FROM CLEVELAND. IS DISALLOWED AS ADMINISTRATIVE ADVICE WAS PREDICATED UPON EMPLOYEE'S ASSERTIONS THAT HE PERFORMED GREATER PART OF OFFICIAL DUTIES IN GRAND RAPIDS AREA BUT PRESENT RECORD INDICATES SUCH WAS NOT CASE. YOUR INDEBTEDNESS IN THE ABOVE-STATED AMOUNT RESULTS FROM THE FACT THAT YOU WERE ADVANCED FUNDS BY DSA ON THE BASIS OF A TRANSFER FROM GRAND RAPIDS. WHEREAS YOU WERE HELD TO BE ENTITLED ONLY TO REIMBURSEMENT OF EXPENSES FROM CLEVELAND. YOU APPARENTLY DO NOT CONTEND THAT THE DISALLOWANCE OF YOUR CLAIM BY OUR CLAIMS DIVISION IS ERRONEOUS UNDER THE APPLICABLE PROVISIONS OF LAW.

B-167860, OCT. 31, 1969

TRAVEL EXPENSES--HEADQUARTERS--DETERMINATION CLAIM FOR $784.70 REPRESENTING BALANCE DUE ON ADVANCE OF TRAVEL FUNDS INCIDENT TO EMPLOYEE'S TRANSFER FROM CLEVELAND, OHIO TO ALEXANDRIA, VA; RESULTING FROM FACT HE WAS ADVANCED FUNDS ON BASIS OF TRANSFER FROM GRAND RAPIDS, MICH; WHEREAS HE WAS HELD ENTITLED ONLY TO REIMBURSEMENT FROM CLEVELAND, IS DISALLOWED AS ADMINISTRATIVE ADVICE WAS PREDICATED UPON EMPLOYEE'S ASSERTIONS THAT HE PERFORMED GREATER PART OF OFFICIAL DUTIES IN GRAND RAPIDS AREA BUT PRESENT RECORD INDICATES SUCH WAS NOT CASE, THUS NO BASIS EXISTS TO REGARD GRAND RAPIDS AS OFFICIAL DUTY STATION, AND REIMBURSEMENT OF EXPENSES MUST THEREFORE BE LIMITED TO COST OF TRAVEL AND TRANSPORTATION FROM CLEVELAND. SEE 32 COMP. GEN. 87.

TO MR. THOMAS E. MARCHAND, SR.:

THIS REFERS TO YOUR LETTER OF AUGUST 19, 1969, WITH ENCLOSURES, REQUESTING REVIEW OF OUR OFFICE SETTLEMENT DATED AUGUST 11, 1969, WHICH DISALLOWED YOUR CLAIM FOR $784.70, REPRESENTING THE BALANCE DUE ON AN ADVANCE OF TRAVEL FUNDS INCIDENT TO YOUR TRANSFER FROM THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC), CLEVELAND, OHIO, TO THE DEFENSE SUPPLY AGENCY (DSA), ALEXANDRIA, VIRGINIA, EFFECTIVE JULY 14, 1968. YOUR INDEBTEDNESS IN THE ABOVE-STATED AMOUNT RESULTS FROM THE FACT THAT YOU WERE ADVANCED FUNDS BY DSA ON THE BASIS OF A TRANSFER FROM GRAND RAPIDS, MICHIGAN, TO ALEXANDRIA, VIRGINIA, WHEREAS YOU WERE HELD TO BE ENTITLED ONLY TO REIMBURSEMENT OF EXPENSES FROM CLEVELAND, OHIO.

YOU APPARENTLY DO NOT CONTEND THAT THE DISALLOWANCE OF YOUR CLAIM BY OUR CLAIMS DIVISION IS ERRONEOUS UNDER THE APPLICABLE PROVISIONS OF LAW. HOWEVER, YOU BELIEVE THAT YOUR CLAIM SHOULD BE ALLOWED AS A MATTER OF EQUITY SINCE YOU HAD BEEN ADVISED ADMINISTRATIVELY THAT YOU WOULD BE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FROM GRAND RAPIDS, MICHIGAN, TO ALEXANDRIA, VIRGINIA. IN THAT REGARD THE RECORD SHOWS THAT SUCH ADMINISTRATIVE ADVICE WAS PREDICATED UPON YOUR ASSERTIONS DURING THE COURSE OF A PREEMPLOYMENT INTERVIEW WITH OFFICIALS OF DSA THAT ALTHOUGH YOU WERE ASSIGNED TO THE CLEVELAND REGIONAL OFFICE OF EEOC, YOU PERFORMED THE GREATER PART OF YOUR OFFICIAL DUTIES IN THE GRAND RAPIDS AREA.

AN EMPLOYEE'S OFFICIAL DUTY STATION IS THE PLACE AT WHICH HE ACTUALLY IS STATIONED, THAT IS, THE PLACE WHERE THE EMPLOYEE IS EXPECTED TO AND DOES IN FACT PERFORM THE GREATER PART OF HIS OFFICIAL DUTIES. 32 COMP. GEN. 87. THUS, IN VIEW OF YOUR ASSERTIONS, IT WAS NOT UNREASONABLE FOR THE PERSONNEL OF DSA TO BELIEVE THAT YOU WOULD BE ENTITLED TO REIMBURSEMENT OF EXPENSES FROM GRAND RAPIDS RATHER THAN CLEVELAND.

IN CONNECTION WITH THE REVIEW OF YOUR CLAIM, WE FOUND IT NECESSARY TO OBTAIN COPIES OF VOUCHERS COVERING YOUR OFFICIAL TRAVEL ASSIGNMENTS WHILE EMPLOYED WITH THE CLEVELAND REGIONAL OFFICE OF EEOC. THOSE VOUCHERS SHOW THAT DURING THE PERIOD FROM SEPTEMBER 15, 1967, TO APRIL 21, 1968, YOU WERE REQUIRED TO PERFORM OFFICIAL BUSINESS IN THE STATE OF MICHIGAN ON ONLY 30 DAYS. APPARENTLY, YOU PERFORMED NO OFFICIAL TRAVEL AFTER APRIL 21, 1968. CONSISTENT WITH THE ABOVE, EEOC HAS INFORMED US THAT CLEVELAND WAS YOUR DESIGNATED OFFICIAL DUTY STATION.

SINCE THE PRESENT RECORD INDICATES THAT YOU DID NOT PERFORM THE GREATER PART OF YOUR OFFICIAL DUTIES IN THE GRAND RAPIDS AREA, THERE IS NO BASIS TO REGARD THAT LOCATION AS YOUR OFFICIAL DUTY STATION WHILE EMPLOYED WITH EEOC. IT FOLLOWS, THEREFORE, THAT REIMBURSEMENT OF YOUR TRANSFER EXPENSES MUST BE LIMITED TO THE COST OF TRAVEL AND TRANSPORTATION FROM CLEVELAND, OHIO.

FOR THE REASONS STATED ABOVE, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.

CONCERNING THE ABOVE, WE HAVE NOTED THE STATEMENTS IN YOUR LETTERS OF APRIL 7 AND AUGUST 19, 1969, TO OUR OFFICE THAT YOU WORKED PREDOMINATELY IN MICHIGAN. AS IS EVIDENT FROM OUR CONCLUSIONS AS SET FORTH ABOVE, THE RECORDS THAT WE HAVE BEFORE US ARE NOT IN ACCORD WITH YOUR STATEMENTS. THERE MAY BE FURTHER INFORMATION WHICH YOU HAVE WHICH COULD SERVE TO CLARIFY THE APPARENT INCONSISTENCY AS TO THE PLACE AT WHICH THE GREATER PART OF YOUR DUTY WAS PERFORMED. UPON RECEIPT OF ANY FURTHER EVIDENCE YOU MAY CARE TO PRESENT TO US WE WILL GIVE FURTHER CONSIDERATION TO YOUR CASE.