B-168123, DEC. 9, 1969

B-168123: Dec 9, 1969

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IS ENTITLED TO OTHERWISE REIMBURSABLE EXPENSES FOR HOUSE PURCHASE. SINCE NO REASON IS SEEN FOR SUBJECTING HIM TO HARDSHIP AND EXPENSE OF WAITING FOR SEVERAL WEEKS FOR TRAILER'S REPAIR. BANK ASSUMPTION FEE ARE REIMBURSABLE. RENT ARE NOT REIMBURSABLE. THE AMOUNT CLAIMED WAS INCURRED BY THE EMPLOYEE UNDER THE FOLLOWING CIRCUMSTANCES. IN LIEU OF SHIPMENT OF HOUSEHOLD GOODS WAS AUTHORIZED BY TRAVEL ORDER NO. TO THE EFFECT THAT SUCH MOVEMENT IS FOR THE PURPOSE OF OCCUPYING THE SAME AS A RESIDENCE. THE EMPLOYEE STATES THAT THE MOVEMENT OF THE HOUSE TRAILER TO CALIFORNIA WAS DONE AT A COST OF $3. OUT OF THIS AMOUNT HE WAS REIMBURSED FOR $1. LEVAFI WOULD HAVE BEEN AUTHORIZED FOR BOTH TRANSPORTATION AND 60 DAYS TEMPORARY STORAGE HAD HE DECIDED TO MOVE HOUSEHOLD GOODS INSTEAD OF THE HOUSE TRAILER.

B-168123, DEC. 9, 1969

OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--HOUSE PURCHASE- HOUSE TRAILER TRADE-IN TRANSFERRED EMPLOYEE WHO SIGNED CERTIFICATION OF USE OF TRANSPORTED HOUSETRAILER AS RESIDENCE BUT TRADED IN DAMAGED TRAILER AS PART DOWN PAYMENT ON HOUSE IN FACE OF $1,155 ESTIMATED REPAIR EXPENSE, IS ENTITLED TO OTHERWISE REIMBURSABLE EXPENSES FOR HOUSE PURCHASE, ABSENT ANY NEGLIGENCE OR INTENTIONAL WRONGDOING TO SUBVERT HIS CERTIFICATION, SINCE NO REASON IS SEEN FOR SUBJECTING HIM TO HARDSHIP AND EXPENSE OF WAITING FOR SEVERAL WEEKS FOR TRAILER'S REPAIR. HOWEVER, ONLY TITLE INSURANCE (IF WITHIN PURVIEW OF DECISION IN B-164867, SEPT. 4, 1968), PREPARING DOCUMENTS, RECORDING DEED, DEED OF TRUST, AND BANK ASSUMPTION FEE ARE REIMBURSABLE; REIMBURSEMENT TO SELLER FOR TRUST ACCOUNT BALANCE, PRO RATA TAXES AND INSURANCE, AND RENT ARE NOT REIMBURSABLE.

TO MAJOR H. H. PATRICK, USAF:

WE REFER TO YOUR LETTER OF AUGUST 8, 1969, REFERENCE BCRF, IN WHICH YOU REQUEST AN ADVANCE DECISION FROM OUR OFFICE ON THE PROPRIETY OF AUTHORIZING PAYMENT OF A VOUCHER FOR $566.65 IN FAVOR OF MR. PETER A. LEFAVI, A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE. THE AMOUNT CLAIMED WAS INCURRED BY THE EMPLOYEE UNDER THE FOLLOWING CIRCUMSTANCES.

PURSUANT TO THE EMPLOYEE'S TRANSFER FROM CHANUTE AIR FORCE BASE, ILLINOIS, TO BEALE AIR FORCE BASE, CALIFORNIA, THE MOVEMENT OF A HOUSE TRAILER, IN LIEU OF SHIPMENT OF HOUSEHOLD GOODS WAS AUTHORIZED BY TRAVEL ORDER NO. AA-210, MAY 7, 1969. IN ORDER TO MAKE THE MOVEMENT OF THE HOUSE TRAILER POSSIBLE THE EMPLOYEE SIGNED A CERTIFICATE AS REQUIRED BY SECTION 9.1 (A) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, AS REVISED OCTOBER 12, 1966, TO THE EFFECT THAT SUCH MOVEMENT IS FOR THE PURPOSE OF OCCUPYING THE SAME AS A RESIDENCE.

IN A STATEMENT DATED JUNE 18, 1969, THE EMPLOYEE STATES THAT THE MOVEMENT OF THE HOUSE TRAILER TO CALIFORNIA WAS DONE AT A COST OF $3,470.36. OUT OF THIS AMOUNT HE WAS REIMBURSED FOR $1,990.20 BY YOUR TRAVEL VOUCHER NO. T-21153 WHICH REPRESENTED THE MAXIMUM MR. LEVAFI WOULD HAVE BEEN AUTHORIZED FOR BOTH TRANSPORTATION AND 60 DAYS TEMPORARY STORAGE HAD HE DECIDED TO MOVE HOUSEHOLD GOODS INSTEAD OF THE HOUSE TRAILER.

THE EMPLOYEE ARRIVED AT HIS DESTINATION ON MAY 28, 1969, AND WAS AUTHORIZED TEMPORARY SUBSISTENCE AND QUARTERS ALLOWANCE THROUGH JUNE 8, 1969, FOR WHICH HE WAS REIMBURSED IN THE AMOUNT OF $476.40 BY VOUCHER NO. T-21154.

THE HOUSE TRAILER ARRIVED AT ITS DESTINATION ON JUNE 3, 1969. ACCORDING TO THE STATEMENT OF THE EMPLOYEE, THE HOUSE TRAILER WAS IN A DAMAGED CONDITION, UNSUITABLE TO LIVE IN AND REQUIRING SEVERAL WEEKS OF REPAIR AT AN ESTIMATED COST OF $1,155.70. FACED WITH THESE FACTS, THE EMPLOYEE TRADED IN THE HOUSE TRAILER AS A PART OF A DOWN PAYMENT ON A HOUSE AND MOVED HIS FIVE-MEMBER FAMILY INTO PERMANENT QUARTERS ON JUNE 11, 1969. SETTLEMENT TOOK PLACE ON JUNE 18, 1969, AND ON JUNE 19, 1969, THE EMPLOYEE SUBMITTED A SUPPLEMENTAL CLAIM IN THE AMOUNT OF $566.65 FOR THE PURCHASE EXPENSES OF THE DWELLING.

YOU ASK IF IT IS PROPER UNDER THESE CIRCUMSTANCES TO AUTHORIZE PAYMENT OF THE AMOUNTS CLAIMED FOR THE PURCHASE OF THE DWELLING. YOUR SECOND QUESTION IS PREMISED ON THE AFFIRMATIVE ANSWER OF THE FIRST AND YOU ASK IF ANY COLLECTION ACTION SHOULD BE TAKEN FOR PRIOR PAYMENTS INCIDENTAL TO THE EMPLOYEE'S TRANSFER.

ABSENT ANY NEGLIGENCE OR INTENTIONAL WRONG DOING ON THE PART OF THE EMPLOYEE TO SUBVERT HIS CERTIFICATION OF USE OF THE HOUSE TRAILER AS A RESIDENCE, WE DO NOT SEE ANY REASON WHY THE EMPLOYEE SHOULD BE SUBJECTED TO THE HARDSHIP AND EXPENSES OF WAITING FOR SEVERAL WEEKS AT CONSIDERABLE ADDITIONAL COST FOR THE REPAIR OF HIS HOUSE TRAILER. UNDER THE CIRCUMSTANCES OF THE INSTANT CASE, THEREFORE, WE SEE NO REASON WHY THE EMPLOYEE IS NOT ENTITLED TO OTHERWISE REIMBURSABLE EXPENSES FOR THE PURCHASE OF THE DWELLING. WE FIND, HOWEVER, THAT UNDER THE PROVISIONS OF SECTION 4.2 (C) (D) OF THE BUREAU OF THE BUDGET CIRCULAR NO. A-56, AS REVISED OCTOBER 12, 1966, ONLY THE ITEMS COVERING TITLE INSURANCE, PREPARING DOCUMENTS, RECORDING DEED AND DEED OF TRUST AND THE ASSUMPTION FEE OF THE BANK OF AMERICA ARE REIMBURSABLE ITEMS (TOTAL $271.50). ASSUME THE TITLE INSURANCE ITEM FALLS WITHIN THE PURVIEW OF OUR DECISION B -164867, SEPTEMBER 4, 1968, COPY ENCLOSED. THE ITEMS LISTED AS REIMBURSEMENT TO SELLER FOR BALANCE IN TRUST ACCOUNT, PRO RATA TAXES, PRO RATA INSURANCE, AND RENT ARE NOT REIMBURSABLE ITEMS UNDER THE PROVISIONS OF SECTION 4.2 (D) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56.

REGARDING YOUR QUESTION CONCERNING ANY COLLECTION ACTION AGAINST THE EMPLOYEE FOR MOVING EXPENSES WE ASSUME OUR FOREGOING COMMENTS ANSWER THIS QUESTION SO FAR AS CONCERNS THE MOVEMENT OF THE MOBILE HOME. THE RECORD IS INSUFFICIENT TO ENABLE US TO MAKE ANY COMMENTS AS TO THE OTHER PAYMENTS CONNECTED WITH THE MOVE SUCH AS FOR TEMPORARY QUARTERS AND SUBSISTENCE AND TRAVELING EXPENSES TO THE NEW STATION.

THE VOUCHER WHICH YOU SUBMITTED IS RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE ABOVE INSTRUCTIONS.